38 U.S.C. § 5111 — Commencement of period of payment

Page 1044 TITLE 38—VETERANS’ BENEFITS § 5111 Subsec. (c). Pub. L. 87–825 added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 87–825 redesignated former subsec. (c) as (d) and substituted first day of month in which the death occurred, for the day after the day of death, as the effective date. Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 87–825 redesignated former subsec. (d) as (e), substituted ‘‘first day of the month’’ for ‘‘date’’, and struck out ‘‘the entitlement arose’’ after ‘‘from such date.’’ Former subsec. (e) redesignated (j). Subsec. (f). Pub. L. 87–825 added subsec. (f). A prior subsec. (f) added by Pub. L. 87–674 was redesignated (k) by Pub. L. 87–825. Subsecs. (g) to (i). Pub. L. 87–825 added subsecs. (g) to (i). Subsec. (j). Pub. L. 87–825 redesignated former subsec. (e) as (j), and substituted ‘‘first day of the month’’ for ‘‘day after the date’’, and ‘‘month of death’’ for ‘‘date of death’’. Subsec. (k). Pub. L. 87–825 redesignated former sub- sec. (f), added by Pub. L. 87–674, as (k). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to ad- dress appeals of decisions on legacy claims, with provi- sion for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and brack- eted note thereunder. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. B, title V, § 2501(b), July 18, 1984, 98 Stat. 1117, provided that: ‘‘The amendments made by subsection (a)(1) [amending this section] and the provi- sions of paragraph (2) of section 3010(d) [now 5110(d)] of title 38, United States Code, as added by subsection (a)(2), shall take effect with respect to applications that are first received after September 30, 1984, for ben- efits under chapter 15 of title 38, United States Code.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97–66, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94–71 effective Aug. 1, 1975, see section 301 of Pub. L. 94–71, set out as a note under sec- tion 1114 of this title. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–527 effective Jan. 1, 1975, see section 10 of Pub. L. 93–527, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1973 AMENDMENT Pub. L. 93–177, § 6(b), Dec. 6, 1973, 87 Stat. 696, provided that: ‘‘Subsection (a) of this section [amending this section] shall apply to applications filed after its effec- tive date [Jan. 1, 1974], but in no event shall an award made thereunder be effective prior to such effective date.’’ EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–376 effective Jan. 1, 1971, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as a note under section 110 of this title. § 5111. Commencement of period of payment (a)(1) Notwithstanding section 5110 of this title or any other provision of law and except as pro- vided in paragraph (2) and subsection (c), pay- ment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period be- fore the first day of the calendar month fol- lowing the month in which the award or in- creased award became effective as provided under section 5110 of this title or such other pro- vision of law. (2)(A) In the case of a veteran who is retired or separated from the active military, naval, air, or space service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an origi- nal claim shall be made as of the date on which such award becomes effective as provided under section 5110 of this title or another applicable provision of law. (B) For the purposes of this paragraph, the term ‘‘catastrophic disability’’, with respect to a veteran, means a permanent, severely dis- abling injury, disorder, or disease that com- promises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechan- ical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others. (b)(1) Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased award as provided under section 5110 of this title or other provision of law and the commencement of the period of payment based on such award as pro- vided under subsection (a) of this section, an in- dividual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Secretary. (2) If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with section 5305 of this title, such waiver shall not become effective until the first day of the month fol- lowing the month in which such waiver is filed, and nothing in this section shall prohibit the re- ceipt of retired or retirement pay for any period before such effective date. (c)(1) This section shall not apply to payments made pursuant to section 5310 of this title. (2) In the case of a temporary increase in com- pensation for hospitalization or treatment where such hospitalization or treatment com- mences and terminates within the same cal- endar month, the period of payment shall com- mence on the first day of such month. (d) For the purposes of this section, the term ‘‘award or increased award’’ means— (1) an original award or award based on a supplemental claim; or (2) an award that is increased because of an added dependent, increase in disability or dis- ability rating, or reduction in income. Page 1045 TITLE 38—VETERANS’ BENEFITS § 5112 (Added Pub. L. 97–253, title IV, § 401(a)(1), Sept. 8, 1982, 96 Stat. 801, § 3011; amended Pub. L. 98–223, title I, § 113, Mar. 2, 1984, 98 Stat. 40; renumbered § 5111 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 111–275, title VI, § 605(a), Oct. 13, 2010, 124 Stat. 2885; Pub. L. 112–154, title V, § 507(b), Aug. 6, 2012, 126 Stat. 1194; Pub. L. 115–55, § 2(m), Aug. 23, 2017, 131 Stat. 1110; Pub. L. 116–283, div. A, title IX, § 926(a)(53), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(2)(A). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2017—Subsec. (d)(1). Pub. L. 115–55 substituted ‘‘award or award based on a supplemental claim’’ for ‘‘or re- opened award’’. 2012—Subsec. (c)(1). Pub. L. 112–154 substituted ‘‘not apply to payments made pursuant to section 5310 of this title’’ for ‘‘apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran’s death, for the month in which such veteran’s death occurred’’. 2010—Subsec. (a). Pub. L. 111–275 designated existing provisions as par. (1), substituted ‘‘in paragraph (2) and subsection (c)’’ for ‘‘in subsection (c) of this section’’, and added par. (2). 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3011 of this title as this section. Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5110’’ for ‘‘3010’’ in two places. Subsec. (b)(1). Pub. L. 102–83 substituted ‘‘adminis- tered by the Secretary’’ for ‘‘administered by the Vet- erans’ Administration’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘5110’’ for ‘‘3010’’. Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5305’’ for ‘‘3105’’. Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5310’’ for ‘‘3110’’. 1984—Subsec. (c). Pub. L. 98–223 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to ad- dress appeals of decisions on legacy claims, with provi- sion for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and brack- eted note thereunder. EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–154, title V, § 507(c), Aug. 6, 2012, 126 Stat. 1194, provided that: ‘‘The amendments made by this section [amending this section and section 5310 of this title] shall take effect on the date of the enactment of this Act [Aug. 6, 2012], and shall apply with respect to deaths that occur on or after that date.’’ EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–275, title VI, § 605(b), Oct. 13, 2010, 124 Stat. 2886, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect on October 1, 2011, and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–223 effective Oct. 1, 1983, see section 114 of Pub. L. 98–223, set out as a note under section 1112 of this title. EFFECTIVE DATE Pub. L. 97–253, title IV, § 401(b), Sept. 8, 1982, 96 Stat. 802, provided that: ‘‘Section 3011 [now 5111] of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after September 30, 1982.’’ § 5112. Effective dates of reductions and discontinuances (a) Except as otherwise specified in this sec- tion, the effective date of reduction or dis- continuance of compensation, dependency and indemnity compensation, or pension shall be fixed in accordance with the facts found. (b) The effective date of a reduction or dis- continuance of compensation, dependency and indemnity compensation, or pension— (1) by reason of marriage or remarriage, or death of a payee shall be the last day of the month before such marriage, remarriage, or death occurs; (2) by reason of marriage, annulment, di- vorce, or death of a dependent of a payee shall be the last day of the month in which such marriage, annulment, divorce, or death oc- curs; (3) by reason of receipt of active service pay or retirement pay shall be the day before the date such pay began; (4) by reason of— (A) change in income shall (except as pro- vided in section 5312 of this title) be the last day of the month in which the change oc- curred; and (B) change in corpus of estate shall be the last day of the calendar year in which the change occurred; (5) by reason of a change in disability or em- ployability of a veteran in receipt of pension shall be the last day of the month in which discontinuance of the award is approved; (6) by reason of change in law or administra- tive issue, change in interpretation of a law or administrative issue, or, for compensation purposes, a change in service-connected or em- ployability status or change in physical condi- tion shall be the last day of the month fol- lowing sixty days from the date of notice to the payee of the reduction or discontinuance; (7) by reason of the discontinuance of school attendance of a payee or a dependent of a payee shall be the last day of the month in which such discontinuance occurred; (8) by reason of termination of a temporary increase in compensation for hospitalization or treatment shall be the last day of the month in which the hospital discharge or ter- mination of treatment occurred, whichever is earlier; (9) by reason of an erroneous award based on an act of commission or omission by the bene- ficiary, or with the beneficiary’s knowledge, shall be the effective date of the award; and