38 U.S.C. § 1161 — Payment of disability compensation in

Page 193 TITLE 38—VETERANS’ BENEFITS § 1162 1 See Special Benefit Allowance Rates note below. 1983—Pub. L. 98–160 substituted ‘‘(1) has suffered’’ for ‘‘has suffered (1)’’. 1976—Pub. L. 94–433 substituted ‘‘such veteran’s’’ for ‘‘his’’ wherever appearing. 1965—Pub. L. 89–311 added cl. (3) referring to total deafness in one ear as a result of service-connected dis- ability and total deafness in the other ear as the result of non-service-connected disability not the result of his own willful misconduct, inserted reference to total deafness in both ears and, in section catchline, inserted reference to bilateral deafness. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–576, title I, § 109(c), Oct. 28, 1986, 100 Stat. 3253, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [amending this section and section 314 [now 1114] of this title] shall take effect on the date of the enactment of this Act [Oct. 28, 1986]. ‘‘(2) In the case of an award of compensation for a dis- ability described in clause (1), (2), (3), or (5) of sub- section (a) of section 360 [now 1160] of title 38, United States Code, as amended by subsection (a) of this sec- tion, subsection (b) of such section shall apply only to awards of compensation made on or after the date of the enactment of this Act [Oct. 28, 1986].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see sec- tion 9 of Pub. L. 89–311, set out as a note under section 1114 of this title. § 1161. Payment of disability compensation in disability severance cases The deduction of disability severance pay from disability compensation, to the extent required by section 1212(d) of title 10, shall be made at a monthly rate not in excess of the rate of com- pensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating. (Added Pub. L. 91–241, May 7, 1970, 84 Stat. 203, § 361; amended Pub. L. 94–433, title IV, § 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–160, title VII, § 702(4), Nov. 21, 1983, 97 Stat. 1009; renum- bered § 1161 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110–181, div. A, title XVI, § 1646(c), as added Pub. L. 110–389, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4148.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–181, § 1646(c), as added by Pub. L. 110–389, § 103(a)(2), substituted ‘‘to the extent required by section 1212(d) of title 10’’ for ‘‘as required by sec- tion 1212(c) of title 10’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 361 of this title as this section. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1983—Pub. L. 98–160 struck out ‘‘United States Code,’’ after ‘‘title 10,’’. 1976—Pub. L. 94–433 substituted ‘‘such former mem- ber’s’’ for ‘‘his’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–389, title I, § 103(b), Oct. 10, 2008, 122 Stat. 4148, provided that: ‘‘The amendments made by sub- section (a) [adding section 1646(c) to Pub. L. 110–181 and provisions set out as a note under section 1212 of Title 10, Armed Forces] shall take effect on January 28, 2008 (the date of the enactment of the Wounded Warrior Act [title XVI of Pub. L. 110–181]), as if included in that Act, to which they relate.’’ Amendment by section 1646(c) of Pub. L. 110–181 effec- tive Jan. 28, 2008, and applicable with respect to mem- bers of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see section 1646(d) of Pub. L. 110–181, set out as a note under section 1212 of Title 10, Armed Forces. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. § 1162. Clothing allowance (a) ELIGIBILITY REQUIREMENTS.—The Sec- retary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 1 per year to each veteran who— (1) because of a service-connected disability, wears or uses a prosthetic or orthopedic appli- ance (including a wheelchair) which the Sec- retary determines tends to wear out or tear the clothing of the veteran; or (2) uses medication which— (A) a physician has prescribed for a skin condition which is due to a service-con- nected disability; and (B) the Secretary determines causes irrep- arable damage to the veteran’s outergarments. (b) CONTINUOUS NATURE OF PAYMENTS.—Pay- ments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following: (1) The date on which the veteran elects to no longer receive such payments. (2) The date on which the Secretary deter- mines the veteran is no longer eligible pursu- ant to subsection (c). (c) REVIEWS OF CLAIMS.—(1) The Secretary shall, in accordance with this subsection, con- duct reviews of a claim on which a clothing al- lowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance. (2) The Secretary shall prescribe standards for determining whether a claim for a clothing al- lowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use. (3)(A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall con-