38 U.S.C. § 1135 — Additional compensation for dependents

Page 182 TITLE 38—VETERANS’ BENEFITS § 1135 Pub. L. 102–83, § 5(c)(1), substituted ‘‘1131’’ for ‘‘331’’ and ‘‘1114’’ for ‘‘314’’. 1972—Pub. L. 92–328 substituted provisions that com- pensation payable for the disability be that specified in section 314 of this title, for provisions that compensa- tion payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–328, title III, § 301(b), June 30, 1972, 86 Stat. 398, provided that: ‘‘Section 108 [repealing section 336 of this title and amending this section and section 335 [now 1135] of this title] shall take effect on July 1, 1973.’’ § 1135. Additional compensation for dependents Any veteran entitled to compensation at the rates provided in section 1134 of this title, and whose disability is rated not less than 30 per- cent, shall be entitled to additional monthly compensation for dependents as provided in sec- tion 1115 of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 335; Pub. L. 92–328, title I, § 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98–543, title I, § 112(a), Oct. 24, 1984, 98 Stat. 2740; renumbered § 1135 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 335 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1134’’ for ‘‘334’’ and ‘‘1115’’ for ‘‘315’’. 1984—Pub. L. 98–543 substituted ‘‘30 percent’’ for ‘‘50 per centum’’. 1972—Pub. L. 92–328 substituted provisions that the veteran be entitled to additional monthly compensa- tion for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to ad- ditional monthly compensation for dependents equal to 80% of the additional compensation for dependents pro- vided in section 315 of this title, and subject to the lim- itations thereof, and adjusted upward or downward to the nearest dollar. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–543, title I, § 112(b), Oct. 24, 1984, 98 Stat. 2740, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as of October 1, 1978.’’ EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92–328 effective July 1, 1973, see section 301(b) of Pub. L. 92–328, set out as a note under section 1134 of this title. [§ 1136. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 336 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, which set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensa- tion under the provisions of this subchapter, was re- pealed by Pub. L. 92–328, title I, § 108(c), title III, § 301(b), June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973. § 1137. Wartime presumptions for certain vet- erans For the purposes of this subchapter and sub- chapter V of this chapter and notwithstanding the provisions of sections 1132 and 1133 of this subchapter, the provisions of sections 1111, 1112, and 1113 of this chapter shall be applicable in the case of any veteran who served in the active military, naval, air, or space service after De- cember 31, 1946. (Added Pub. L. 89–358, § 7(a), Mar. 3, 1966, 80 Stat. 27, § 337; amended Pub. L. 93–295, title II, § 205, May 31, 1974, 88 Stat. 183; renumbered § 1137 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(13), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 337 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1132 and 1133’’ for ‘‘332 and 333’’ and ‘‘1111, 1112, and 1113’’ for ‘‘311, 312, and 313’’. 1974—Pub. L. 93–295 substituted ‘‘December 31, 1946’’ for ‘‘January 31, 1955’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title. SUBCHAPTER V—PEACETIME DEATH COMPENSATION § 1141. Basic entitlement The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of in- jury or disease incurred in or aggravated by ac- tive military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as herein- after provided in this subchapter. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 341; Pub. L. 92–197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94–433, title IV, § 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1141, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, § 926(a)(14), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘air, or space serv- ice’’ for ‘‘or air service’’. 1991—Pub. L. 102–83 renumbered section 341 of this title as this section. 1976—Pub. L. 94–433 substituted ‘‘spouse’’ for ‘‘widow’’. 1971—Pub. L. 92–197 struck out eligibility clause when the veteran died after April 30, 1957, under cir- cumstances described in section 417(a) of this title.