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38 U.S.C. § 1302 — Determination of pay grade

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1302 — Determination of pay grade

**(a)** With respect to a veteran who died in the active military, naval, air, or space service, such veteran’s pay grade shall be determined as of the date of such veteran’s death or as of the date of a promotion after death while in a missing status. **(b)** With respect to a veteran who did not die in the active military, naval, air, or space service, such veteran’s pay grade shall be determined as of— (1) the time of such veteran’s last discharge or release from active duty under conditions other than dishonorable; or (2) the time of such veteran’s discharge or release from any period of active duty for training or inactive duty training, if such veteran’s death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty. **(c)** The pay grade of any veteran described in [section 106(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section106/b&num=0&edition=prelim) shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty. **(d)** If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veteran’s surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held. **(e)** The pay grade

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Source file: Laws/federal/codes/united-states-code/title-38/section-1302-determination-of-pay-grade--66e30cfc10.md
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Source location: Title 38, Chapter 13, § 1302; chapter-013-dependency-and-indemnity-compensation-for-service-connected-deaths.md

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 552 — Pay and allowances; continuance while in a missing status; limitations

**(a)** A member of a uniformed service who is on active duty or performing inactive-duty training, and who is in a missing status, is— (1) for the period he is in that status, entitled to receive or have credited to his account the same pay and allowances, as defined in this chapter, to which he was entitled at the beginning of that period or may thereafter become entitled; and (2) for the period, not to exceed one year, required for his hospitalization and rehabilitation after termination of that status, under regulations prescribed by the Secretaries concerned, with respect to incentive pay, considered to have satisfied the requirements of section 301 or [section 351(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section351/a/2&num=0&edition=prelim) so as to entitle him to a continuance of that pay. However, a member who is performing full-time training duty or other full-time duty without pay, or inactive-duty training with or without pay, is entitled to the pay and allowances to which he would have been entitled if he had been on active duty with pay. Notwithstanding [section 1523 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1523&num=0&edition=prelim) or any other provision of law, the promotion of a member while he is in a missing status is fully effective for all purposes. **(b)** The expiration of a member’s term of service while he is in a missing status does not end his entitlement to pay and allowances under subsection (a). Notwithstanding the death of a member while in a missing status, entitlement to pay and allowances under subsection (a) ends on the date— (1) the Secretary concerned receives evidence that the member is dead; or (2) that his death is prescribed or d

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1101 — Definitions

For the purposes of this chapter— (1) The term “veteran” includes a person who died in the active military, naval, air, or space service. (2) The term “period of war” includes, in the case of any veteran— (A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and (B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947. (3) The term “chronic disease” includes—Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s disease) Tuberculosis, active Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Secretary may add to this list. (4) The term “tropical disease” includes—Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kal

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1122 — Rates of wartime death compensation

**(a)** The monthly rates of death compensation shall be as follows: (1) Surviving spouse but no child, $87; (2) Surviving spouse with one child, $121 (with $29 for each additional child); (3) No surviving spouse but one child, $67; (4) No surviving spouse but two children, $94 (equally divided); (5) No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided); (6) Dependent parent, $75; (7) Both dependent parents, $40 each. **(b)** The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1301 — Definitions

As used in this chapter—

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1311 — Dependency and indemnity compensation to a surviving spouse

**(a)** (1) Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,154. (2) The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered. (3) In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before January 1, 1993, the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2): Pay gradeMonthly ratePay gradeMonthly rate 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1302&num=0&edition=prelim), the surviving spouse’s rate shall be $1,419. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Co

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1311

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1321 — Certifications with respect to pay grade

The Secretary concerned shall, at the request of the Secretary, certify to the Secretary the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1302 — Determination of pay grade

Page 206 TITLE 38—VETERANS’ BENEFITS § 1302 1991—Pub. L. 102–83 renumbered section 401 of this title as this section. 1969—Pub. L. 91–96 struck out par. (1) which defined ‘‘basic pay’’. Par. (1). Pub. L. 91–24 substituted ‘‘sections 201, 202, 203, 204, 205, or 207 of title 37’’ for ‘‘sections 232(a), 232(e), or 308 of Title 37’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–96 effective first day of sec- ond calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91–96, set out as a note under sec- tion 1302 of this title. COST-OF-LIVING INCREASES IN COMPENSATION RATES For limitation on increases in dependency and indem- nity compensation payable under this chapter, see sec- tion 8005 of Pub. L. 101–508, set out as a note under sec- tion 1101 of this title. § 1302. Determination of pay grade (a) With respect to a veteran who died in the active military, naval, air, or space service, such veteran’s pay grade shall be determined as of the date of such veteran’s death or as of the date of a promotion after death while in a missing status. (b) With respect to a veteran who did not die in the active military, naval, air, or space serv- ice, such veteran’s pay grade shall be deter- mined as of— (1) the time of such veteran’s last discharge or release from active duty under conditions other than dishonorable; or (2) the time of such veteran’s discharge or release from any period of active duty for training or inactive duty training, if such vet- eran’s death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonor- able from active duty. (c) The pay grade of any veteran

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