38 U.S.C. § 1101 — Definitions

Page 133 TITLE 38—VETERANS’ BENEFITS § 1101 and ‘toxic-exposed veteran’ have the meanings given those terms in section 101 of title 38, United States Code, as amended by section 102. ‘‘SEC. 602. PUBLICATION OF LIST OF RESOURCES OF DEPARTMENT OF VETERANS AFFAIRS FOR TOXIC-EXPOSED VETERANS AND VETERANS WHO REPORT TOXIC EXPOSURES AND OUT- REACH PROGRAM FOR SUCH VETERANS AND CAREGIVERS AND SURVIVORS OF SUCH VET- ERANS. ‘‘(a) PUBLICATION OF LIST OF RESOURCES.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], and annually thereafter, the Secretary of Veterans Af- fairs shall publish a list of resources of the Depart- ment of Veterans Affairs for— ‘‘(A) toxic-exposed veterans and veterans who re- port toxic exposure; ‘‘(B) families and caregivers of such veterans; and ‘‘(C) survivors of such veterans who are receiving death benefits under the laws administered by the Secretary. ‘‘(2) UPDATE.—The Secretary shall periodically up- date the list published under paragraph (1). ‘‘(b) OUTREACH.—The Secretary shall develop, with input from the community, an informative outreach program for veterans on illnesses that may be related to toxic exposures, including outreach with respect to benefits and support programs. ‘‘SEC. 603. INCORPORATION OF TOXIC EXPOSURE SCREENING FOR VETERANS. ‘‘(a) IN GENERAL.—Beginning not later than 90 days after the date of the enactment of this Act [Aug. 10, 2022], the Secretary of Veterans Affairs shall incor- porate a screening to help determine potential toxic ex- posures during active military, naval, air, or space service as part of a health care screening furnished by the Department of Veterans Affairs to veterans en- rolled in the system of annual patient enrollment of the Department established and operated under section 1705 of title 38, United States Code, to improve under- standing by the Department of toxic exposures while serving in the Armed Forces. ‘‘(b) TIMING.—The Secretary shall ensure that a vet- eran described in subsection (a) completes the screen- ing required under such subsection not less frequently than once every five years. ‘‘(c) DETERMINATION OF QUESTIONS.— ‘‘(1) IN GENERAL.—The questions included in the screening required under subsection (a) shall be de- termined by the Secretary with input from medical professionals. ‘‘(2) SPECIFIC QUESTIONS.—At a minimum, the screening required under subsection (a) shall, with re- spect to a veteran, include— ‘‘(A) a question about the potential exposure of the veteran to an open burn pit; and ‘‘(B) a question regarding toxic exposures that are commonly associated with service in the Armed Forces. ‘‘(3) OPEN BURN PIT DEFINED.—In this subsection, the term ‘open burn pit’ means an area of land that— ‘‘(A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and ‘‘(B) does not contain a commercially manufac- tured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. ‘‘(d) PRINT MATERIAL.—In developing the screening established under subsection (a), the Secretary shall ensure that print materials complementary to such screening that outline related resources for veterans are available at each medical center of the Department to veterans who may not have access to the internet. ‘‘(e) SCREENING UPDATES.—The Secretary shall con- sider updates to the content of the screening required under subsection (a) not less frequently than biennially to ensure the screening contains the most current in- formation. ‘‘SEC. 604. TRAINING FOR PERSONNEL OF THE DE- PARTMENT OF VETERANS AFFAIRS WITH RE- SPECT TO VETERANS WHO REPORT TOXIC EX- POSURES. ‘‘(a) HEALTH CARE PERSONNEL.—The Secretary of Vet- erans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on veterans of illnesses related to toxic exposures and in- form such personnel of how to ask for additional infor- mation from veterans regarding different toxic expo- sures. ‘‘(b) BENEFITS PERSONNEL.— ‘‘(1) IN GENERAL.—The Secretary shall incorporate a training program for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-con- nected disabilities based on toxic exposures. ‘‘(2) ANNUAL TRAINING.—Training provided to proc- essors under paragraph (1) shall be provided not less frequently than annually.’’ SUBCHAPTER I—GENERAL § 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 ac- tive military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and (B) any period of continuous service per- formed 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 hy- pertension 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 Page 134 TITLE 38—VETERANS’ BENEFITS § 1101 Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s dis- ease) 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 kala-azar Loiasis Malaria Onchocerciasis Oroya fever Pinta Plague Schistosomiasis Yaws Yellow fever and such other tropical diseases as the Sec- retary may add to this list. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1118, § 301; Pub. L. 94–433, title IV, §§ 401(2), (3), 404(1), Sept. 30, 1976, 90 Stat. 1377, 1378; Pub. L. 98–160, title VII, § 702(2), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 100–322, title III, § 313, May 20, 1988, 102 Stat. 535; renumbered § 1101 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 116–283, div. A, title IX, § 926(a)(5), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pars. (1), (2)(A). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 301 of this title as this section. Pars. (3), (4). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. 1988—Par. (3). Pub. L. 100–322 inserted ‘‘Lupus erythematosus, systemic’’ after ‘‘Leukemia’’. 1983—Par. (3). Pub. L. 98–160 substituted a period for the semicolon at end of paragraph following ‘‘may add to this list’’. 1976—Par. (2)(A), (B). Pub. L. 94–433, § 404(1), sub- stituted ‘‘such veteran’’ for ‘‘him’’ in subpars. (A) and (B). Par. (3). Pub. L. 94–433, § 401(2), substituted ‘‘Hansen’s disease’’ for ‘‘Leprosy’’. Par. (4). Pub. L. 94–433, § 401(3), inserted ‘‘Hansen’s disease’’ after ‘‘Filiariasis’’ and struck out ‘‘Leprosy’’ before ‘‘Loiasis’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–433, title IV, § 406, Sept. 30, 1976, 90 Stat. 1380, provided that: ‘‘The provisions of this Act [see Ta- bles for classification] shall become effective on Octo- ber 1, 1976.’’ EFFECTIVE DATE OF FUTURE INCREASES Pub. L. 98–223, title I, § 108, Mar. 2, 1984, 98 Stat. 40, provided that: ‘‘It is the sense of the Congress that any increase provided by law to take effect after fiscal year 1984 in the rates of disability compensation and depend- ency and indemnity compensation payable under chap- ters 11 and 13, respectively, of title 38, United States Code, shall take effect on December 1 of the fiscal year involved and that the budgets for any such fiscal year include amounts to achieve such purpose.’’ [Section 108 of Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under sec- tion 1114 of this title.] IMPROVING PROCESSING BY DEPARTMENT OF VETERANS AFFAIRS OF DISABILITY CLAIMS FOR POST-TRAUMATIC STRESS DISORDER THROUGH IMPROVED TRAINING Pub. L. 118–31, div. E, title L, § 5003, Dec. 22, 2023, 137 Stat. 931, provided that: ‘‘(a) FORMAL PROCESS FOR CONDUCT OF ANNUAL ANAL- YSIS OF TRAINING NEEDS BASED ON TRENDS.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, shall establish a formal process to analyze, on an annual basis, training needs of employees of the Department who review claims for disability compensation for post- traumatic stress disorder, based on identified proc- essing error trends. ‘‘(b) FORMAL PROCESS FOR CONDUCT OF ANNUAL STUD- IES TO SUPPORT ANNUAL ANALYSIS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary, act- ing through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the process established under sub- section (a). ‘‘(2) ELEMENTS.—Each study conducted under para- graph (1) shall cover the following: ‘‘(A) Military post-traumatic stress disorder stressors. ‘‘(B) Decision-making claims for claims proc- essors.’’ VETERANS’ DISABILITY BENEFITS COMMISSION Pub. L. 108–136, div. A, title XV, Nov. 24, 2003, 117 Stat. 1676, as amended by Pub. L. 109–163, div. A, title V, § 590, Jan. 6, 2006, 119 Stat. 3279, provided that: ‘‘SEC. 1501. ESTABLISHMENT OF COMMISSION. ‘‘(a) ESTABLISHMENT OF COMMISSION.—There is hereby established a commission to be known as the Veterans’ Disability Benefits Commission (hereinafter in this title referred to as the ‘commission’). ‘‘(b) MEMBERSHIP.—(1) The commission shall be com- posed of 13 members, appointed as follows: ‘‘(A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (2). ‘‘(B) Two members appointed by the minority lead- er of the House of Representatives, at least one of whom shall be a veteran who was awarded a decora- tion specified in paragraph (2). ‘‘(C) Two members appointed by the majority lead- er of the Senate, at least one of whom shall be a vet- eran who was awarded a decoration specified in para- graph (2). ‘‘(D) Two members appointed by the minority lead- er of the Senate, at least one of whom shall be a vet- eran who was awarded a decoration specified in para- graph (2). ‘‘(E) Five members appointed by the President, at least three of whom shall be veterans who were awarded a decoration specified in paragraph (2). ‘‘(2) A decoration specified in this paragraph is any of the following: Page 135 TITLE 38—VETERANS’ BENEFITS § 1101 ‘‘(A) The Medal of Honor. ‘‘(B) The Distinguished Service Cross, the Navy Cross, or the Air Force Cross. ‘‘(C) The Silver Star. ‘‘(3) A vacancy in the Commission shall be filled in the manner in which the original appointment was made. ‘‘(4) The appointment of members of the commission under this subsection shall be made not later than 60 days after the date of the enactment of this Act [Nov. 24, 2003]. ‘‘(c) PERIOD OF APPOINTMENT.—Members of the com- mission shall be appointed for the life of the commis- sion. A vacancy in the commission shall not affect its powers. ‘‘(d) INITIAL MEETING.—The commission shall hold its first meeting not later than 30 days after the date on which a majority of the members of the commission have been appointed. ‘‘(e) MEETINGS.—The commission shall meet at the call of the chairman. ‘‘(f) QUORUM.—A majority of the members of the com- mission shall constitute a quorum, but a lesser number may hold hearings. ‘‘(g) CHAIRMAN.—The President shall designate a member of the commission to be chairman of the com- mission. ‘‘SEC. 1502. DUTIES OF THE COMMISSION. ‘‘(a) STUDY.—The commission shall carry out a study of the benefits under the laws of the United States that are provided to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service. ‘‘(b) SCOPE OF STUDY.—In carrying out the study, the commission shall examine and make recommendations concerning the following: ‘‘(1) The appropriateness of such benefits under the laws in effect on the date of the enactment of this Act [Nov. 24, 2003]. ‘‘(2) The appropriateness of the level of such bene- fits. ‘‘(3) The appropriate standard or standards for de- termining whether a disability or death of a veteran should be compensated. ‘‘(c) CONTENTS OF STUDY.—The study to be carried out by the commission under this section shall be a com- prehensive evaluation and assessment of the benefits provided under the laws of the United States to com- pensate veterans and their survivors for disability or death attributable to military service, together with any related issues that the commission determines are relevant to the purposes of the study. The study shall include an evaluation and assessment of the following: ‘‘(1) The laws and regulations which determine eli- gibility for disability and death benefits, and other assistance for veterans and their survivors. ‘‘(2) The rates of such compensation, including the appropriateness of a schedule for rating disabilities based on average impairment of earning capacity. ‘‘(3) Comparable disability benefits provided to in- dividuals by the Federal Government, State govern- ments, and the private sector. ‘‘(d) CONSULTATION WITH INSTITUTE OF MEDICINE.—In carrying out the study under this section, the commis- sion shall consult with the Institute of Medicine of the National Academy of Sciences with respect to the med- ical aspects of contemporary disability compensation policies. ‘‘SEC. 1503. REPORT. ‘‘Not later than October 1, 2007, the commission shall submit to the President and Congress a report on the study. The report shall include the following: ‘‘(1) The findings and conclusions of the commis- sion, including its findings and conclusions with re- spect to the matters referred to in section 1502(c). ‘‘(2) The recommendations of the commission for revising the benefits provided by the United States to veterans and their survivors for disability and death attributable to military service. ‘‘(3) Other information and recommendations with respect to such benefits as the commission considers appropriate. ‘‘SEC. 1504. POWERS OF THE COMMISSION. ‘‘(a) HEARINGS.—The commission may hold such hear- ings, sit and act at such times and places, take such testimony, and receive such evidence as the commis- sion considers advisable to carry out the purposes of this title. ‘‘(b) INFORMATION FROM FEDERAL AGENCIES.—In addi- tion to the information referred to in section 1502(c), the commission may secure directly from any Federal department or agency such information as the commis- sion considers necessary to carry out the provisions of this title. Upon request of the chairman of the commis- sion, the head of such department or agency shall fur- nish such information to the commission. ‘‘(c) POSTAL SERVICES.—The commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. ‘‘(d) GIFTS.—The commission may accept, use, and dispose of gifts or donations of services or property. ‘‘SEC. 1505. PERSONNEL MATTERS. ‘‘(a) COMPENSATION OF MEMBERS.—Each member of the commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is en- gaged in the performance of the duties of the commis- sion. All members of the commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. ‘‘(b) TRAVEL EXPENSES.—The members of the commis- sion shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for em- ployees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the commission. ‘‘(c) STAFF.—(1) The chairman of the commission may, without regard to the civil service laws and regu- lations, appoint an executive director and such other personnel as may be necessary to enable the commis- sion to perform its duties. The appointment of an exec- utive director shall be subject to approval by the com- mission. ‘‘(2) The chairman of the commission may fix the compensation of the executive director and other per- sonnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ‘‘(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re- quest of the chairman of the commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that depart- ment or agency to the commission to assist it in car- rying out its duties. ‘‘(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The chairman of the commission may pro- cure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for indi- viduals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. ‘‘SEC. 1506. TERMINATION OF COMMISSION. ‘‘The commission shall terminate 60 days after the date on which the commission submits its report under section 1503. ‘‘SEC. 1507. FUNDING. ‘‘(a) IN GENERAL.—The Secretary of Veterans Affairs shall, upon the request of the chairman of the commis- Page 136 TITLE 38—VETERANS’ BENEFITS § 1101 sion, make available to the commission such amounts as the commission may require to carry out its duties under this title. ‘‘(b) AVAILABILITY.—Any sums made available to the commission under subsection (a) shall remain avail- able, without fiscal year limitation, until the termi- nation of the commission.’’ TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR PURPOSES OF NEED-BASED BENEFITS Pub. L. 103–446, title V, § 506, Nov. 2, 1994, 108 Stat. 4664, provided that: ‘‘Any receipt by an individual from a Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) of cash, stock, land, or other interests referred to in subparagraphs (A) through (E) of section 29(c) of that Act (43 U.S.C. 1626(c)) (whether such receipt is attributable to the dis- position of real property, profits from the operation of real property, or otherwise) shall not be countable as income for purposes of any law administered by the Secretary of Veterans Affairs.’’ COST-OF-LIVING INCREASES IN COMPENSATION RATES Pub. L. 103–446, title I, § 111(b), Nov. 2, 1994, 108 Stat. 4654, provided that: ‘‘The fiscal year 1995 cost-of-living adjustments in the rates of and limitations for com- pensation payable under chapter 11 of title 38, United States Code, and of dependency and indemnity com- pensation payable under chapter 13 of such title will be no more than a percentage equal to the percentage by which benefit amounts payable under title II of the So- cial Security Act (42 U.S.C. 401 et seq.) are increased ef- fective December 1, 1994, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower dollar.’’ Pub. L. 103–66, title XII, § 12008, Aug. 10, 1993, 107 Stat. 415, provided that: ‘‘(a) POLICY.—The fiscal year 1994 cost-of-living ad- justments in the rates of and limitations for compensa- tion payable under chapter 11 of title 38, United States Code, and of dependency and indemnity compensation payable under chapter 13 of such title, except as pro- vided in subsection (b) of this section, will be no more than a percentage equal to the percentage by which benefit amounts payable under title II of the Social Se- curity Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1993, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)), with all in- creased monthly rates and limitations (other than in- creased rates or limitations equal to a whole dollar amount) rounded down to the next lower dollar. ‘‘(b) LIMITATION ON FISCAL YEAR 1994 COST-OF-LIVING ADJUSTMENT FOR CERTAIN DIC RECIPIENTS.—(1) During fiscal year 1994, the amount of any increase in any of the rates of dependency and indemnity compensation in effect under section 1311(a)(3) of title 38, United States Code, will not exceed 50 percent of the new law increase, rounded down (if not an even dollar amount) to the next lower dollar. ‘‘(2) For purposes of paragraph (1), the new law in- crease is the amount by which the rate of dependency and indemnity compensation provided for recipients under section 1311(a)(1) of such title is increased for fis- cal year 1994.’’ Pub. L. 101–508, title VIII, § 8005, Nov. 5, 1990, 104 Stat. 1388–343, provided that: ‘‘(a) POLICY REGARDING FISCAL YEAR 1991.—The fiscal year 1991 cost-of-living adjustments in the rates of compensation payable under chapter 11 of title 38, United States Code, and of the dependency and indem- nity compensation payable under chapter 13 of such title will be no more than a 5.4 percent increase, with all increased monthly rates rounded down to the next lower dollar. The effective date for such adjustments will not be earlier than January 1, 1991. ‘‘(b) INCREASE PAYABLE AS OF JANUARY 1992.—The amount of compensation or dependency and indemnity compensation payable to any individual for the month of January 1992 who is entitled to such benefits as of January 1, 1992, shall be increased for such month by the amount equal to the amount of the monthly in- crease provided for that individual’s benefit level as of January 1, 1991, pursuant to the adjustments described in subsection (a).’’ BENEFITS AND SERVICES FOR FORMER PRISONERS OF WAR; IMPLEMENTATION OF PROGRAMS; RECORDS FOR DISPOSITION OF CLAIMS; DEFINITION Pub. L. 97–37, § 6, Aug. 14, 1981, 95 Stat. 937, provided that: ‘‘(a) Not later than ninety days after the date of the enactment of this Act [Aug. 14, 1981] and at appropriate times thereafter, the Administrator shall, to the max- imum extent feasible and in order to carry out the re- quirements of the veterans outreach services program under subchapter IV of [former] chapter 3 of title 38, United States Code, seek out former prisoners of war and provide them with information regarding applica- ble changes in law, regulations, policies, guidelines, or other directives affecting the benefits and services to which former prisoners of war are entitled under such title by virtue of the amendments made by this Act [see Tables for classification]. ‘‘(b)(1) The Administrator shall, for not less than the three-year period beginning ninety days after the date of the enactment of this Act [Aug. 14, 1981], maintain a centralized record showing all claims for benefits under chapter 11 of such title that are submitted by former prisoners of war and the disposition of such claims. ‘‘(2) Not later than ninety days after the end of the three-year period described in paragraph (1), the Ad- ministrator shall, after consulting with and receiving the views of the Advisory Committee on Former Pris- oners of War required to be established pursuant to sec- tion 221 [see 541] of such title, submit a report on the results of the disposition of claims described in such paragraph, together with any comments or rec- ommendations that the Administrator may have, to the appropriate committees of Congress. The Adminis- trator may also submit to such committees interim re- ports on such results. ‘‘(c) For the purposes of this section, the term ‘‘former prisoner of war’’ has the meaning given such term in paragraph (32) of section 101 of title 38, United States Code (as added by section 3(a) of this Act).’’ STUDY ON DISABILITY COMPENSATION AND HEALTH-CARE NEEDS OF FORMER PRISONERS OF WAR; REPORT TO PRESIDENT AND CONGRESS Pub. L. 95–479, title III, § 305, Oct. 18, 1978, 92 Stat. 1565, directed Administrator of Veterans’ Affairs, in consultation with Secretary of Defense, to carry out a comprehensive study of disability compensation award- ed to, and health care needs of veterans who are former prisoners of war and to submit a report on results of such study to Congress and President not later than Feb. 1, 1980. AMPUTEES, CARDIOVASCULAR DISORDERS; STUDY Pub. L. 94–433, title IV, § 403, Sept. 30, 1976, 90 Stat. 1378, directed Administrator to conduct a scientific study to determine if there is causal relationship be- tween amputation of an extremity and subsequent de- velopment of cardiovascular disorders and to report to Speaker and President of Senate not later than June 30, 1977. STUDY OF CLAIMS FOR DEPENDENCY AND INDEMNITY COMPENSATION Pub. L. 93–295, title II, § 207, May 31, 1974, 88 Stat. 183, directed Administrator of Veterans’ Affairs to make a detailed study of claims for dependency and indemnity compensation relating to veterans, as defined in sec- tion 101(2) of this title, who at time of death within six months prior to May 31, 1974, were receiving disability compensation from Veterans’ Administration based Page 137 TITLE 38—VETERANS’ BENEFITS § 1104 upon a rating total and permanent in nature, and sub- mit a report together with such comments and rec- ommendations as Administrator deemed appropriate to Speaker of the House and President of the Senate not more than thirty days after Jan. 14, 1975. § 1102. Special provisions relating to surviving spouses (a) No compensation shall be paid to the sur- viving spouse of a veteran under this chapter un- less such surviving spouse was married to such veteran— (1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggra- vated; or (2) for one year or more; or (3) for any period of time if a child was born of the marriage, or was born to them before the marriage. (b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on De- cember 31, 1957. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 302 of this title as this section. Subsec. (b). Pub. L. 102–83, § 4(a)(1), substituted ‘‘ad- ministered by the Secretary’’ for ‘‘administered by the Veterans’ Administration’’. 1976—Pub. L. 94–433, § 404(4), substituted ‘‘surviving spouses’’ for ‘‘widows’’ in section catchline. Subsec. (a). Pub. L. 94–433, § 404(2), substituted ‘‘sur- viving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran’’ for ‘‘widow of a veteran under this chapter unless she was married to him’’. Subsec. (b). Pub. L. 94–433, § 404(3), substituted ‘‘sur- viving spouse’’ for ‘‘widow’’ in two places. 1967—Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. 1960—Subsec. (a)(1). Pub. L. 86–491 substituted ‘‘fif- teen years’’ for ‘‘ten years’’. Statutory Notes and Related Subsidiaries 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 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. § 1103. Special provisions relating to claims based upon effects of tobacco products (a) Notwithstanding any other provision of law, a veteran’s disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, air, or space serv- ice for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran dur- ing the veteran’s service. (b) Nothing in subsection (a) shall be con- strued as precluding the establishment of serv- ice connection for disability or death from a dis- ease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, air, or space service or which became manifest to the requisite degree of disability during any applicable presumptive period speci- fied in section 1112 or 1116 of this title. (Added Pub. L. 105–178, title VIII, § 8202(a)(1), as added Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; amended Pub. L. 116–283, div. A, title IX, § 926(a)(6), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes PRIOR PROVISIONS A prior section 1103 was renumbered section 1104 of this title. AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’ in subsecs. (a) and (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways. Pub. L. 105–178, title VIII, § 8202(b), as amended by Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that: ‘‘Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998].’’ § 1104. Cost-of-living adjustments (a) In the computation of cost-of-living adjust- ments for fiscal years 1998 through 2013 in the rates of, and dollar limitations applicable to, compensation payable under this chapter, such adjustments shall be made by a uniform per- centage that is no more than the percentage equal to the social security increase for that fis- cal year, with all increased monthly rates and limitations (other than increased rates or limi- tations equal to a whole dollar amount) rounded down to the next lower whole dollar amount. (b) For purposes of this section, the term ‘‘so- cial security increase’’ means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a de- termination under section 215(i) of such Act (42 U.S.C. 415(i)). (Added Pub. L. 105–33, title VIII, § 8031(a)(1), Aug. 5, 1997, 111 Stat. 668, § 1103; renumbered § 1104,