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38 U.S.C. § 1115 — Additional compensation for dependents
Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 38—VETERANS’ BENEFITS
§ 1115
Pub. L. 108–363, §§ 2(a)–(c), 3, Oct. 25, 2004, 118 Stat.
1705, 1706.
Pub. L. 108–147, §§ 2(a)–(c), 3, Dec. 3, 2003, 117 Stat. 1885,
1886.
Pub. L. 107–247, §§ 2(a)–(c), 3, Oct. 23, 2002, 116 Stat.
1517, 1518.
Pub. L. 106–413, §§ 2(a)–(c), 3, Nov. 1, 2000, 114 Stat.
1798, 1799.
Pub. L. 105–368, title XI, §§ 1101(a)–(c), 1102, Nov. 11,
1998, 112 Stat. 3366, 3367.
Pub. L. 104–263, § 2(a), (c), Oct. 9, 1996, 110 Stat. 3212.
Pub. L. 104–57, §§ 2(a)–(c), 3, Nov. 22, 1995, 109 Stat. 555,
556.
Pub. L. 103–418, §§ 2(a)–(c), 3, Oct. 25, 1994, 108 Stat.
4336, 4337.
Pub. L. 102–510, § 2(a), (c), Oct. 24, 1992, 106 Stat. 3318,
3319.
ADMINISTRATIVE ADJUSTMENT OF DISABILITY RATES OF
CERTAIN PERSONS NOT COVERED BY THIS CHAPTER
Pub. L. 118–130, § 2(d), Nov. 25, 2024, 138 Stat. 1639, pro-
vided that: ‘‘The Secretary of Veterans Affairs may ad-
just administratively, consistent with the increases
made under subsection (a) [set out as a note above], the
rates of disability compensation payable to persons
under section 10 of Public Law 85–857 (72 Stat. 1263) [set
out as a note preceding section 101 of this title] who
have not received compensation under chapter 11 of
title 38, United States Code.’’
Similar provisions were contained in the following
acts:
Pub. L. 118–6, § 2(d), June 14, 2023, 137 Stat. 50.
Pub. L. 117–191, § 2(d), Oct. 10, 2022, 136 Stat. 2207.
Pub. L. 117–45, § 2(d), Oct. 8, 2021, 135 Stat. 389.
Pub. L. 116–178, § 2(d), Oct. 20, 2020, 134 Stat. 853.
Pub. L. 116–58, § 2(d), Sept. 26, 2019, 133 Stat. 1091.
Pub. L. 115–258, § 2(d), Oct. 9, 2018, 132 Stat. 3662.
Pub. L. 115–75, § 2(d), Nov. 2, 2017, 131 Stat. 1244.
Pub. L. 114–197, § 2(d), July 22, 2016, 130 Stat. 693.
Pub. L. 113–181, § 2(d), Sept.
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Page 155
TITLE 38—VETERANS’ BENEFITS
§ 1115
Pub. L. 108–363, §§ 2(a)–(c), 3, Oct. 25, 2004, 118 Stat.
1705, 1706.
Pub. L. 108–147, §§ 2(a)–(c), 3, Dec. 3, 2003, 117 Stat. 1885,
1886.
Pub. L. 107–247, §§ 2(a)–(c), 3, Oct. 23, 2002, 116 Stat.
1517, 1518.
Pub. L. 106–413, §§ 2(a)–(c), 3, Nov. 1, 2000, 114 Stat.
1798, 1799.
Pub. L. 105–368, title XI, §§ 1101(a)–(c), 1102, Nov. 11,
1998, 112 Stat. 3366, 3367.
Pub. L. 104–263, § 2(a), (c), Oct. 9, 1996, 110 Stat. 3212.
Pub. L. 104–57, §§ 2(a)–(c), 3, Nov. 22, 1995, 109 Stat. 555,
556.
Pub. L. 103–418, §§ 2(a)–(c), 3, Oct. 25, 1994, 108 Stat.
4336, 4337.
Pub. L. 102–510, § 2(a), (c), Oct. 24, 1992, 106 Stat. 3318,
3319.
ADMINISTRATIVE ADJUSTMENT OF DISABILITY RATES OF
CERTAIN PERSONS NOT COVERED BY THIS CHAPTER
Pub. L. 118–130, § 2(d), Nov. 25, 2024, 138 Stat. 1639, pro-
vided that: ‘‘The Secretary of Veterans Affairs may ad-
just administratively, consistent with the increases
made under subsection (a) [set out as a note above], the
rates of disability compensation payable to persons
under section 10 of Public Law 85–857 (72 Stat. 1263) [set
out as a note preceding section 101 of this title] who
have not received compensation under chapter 11 of
title 38, United States Code.’’
Similar provisions were contained in the following
acts:
Pub. L. 118–6, § 2(d), June 14, 2023, 137 Stat. 50.
Pub. L. 117–191, § 2(d), Oct. 10, 2022, 136 Stat. 2207.
Pub. L. 117–45, § 2(d), Oct. 8, 2021, 135 Stat. 389.
Pub. L. 116–178, § 2(d), Oct. 20, 2020, 134 Stat. 853.
Pub. L. 116–58, § 2(d), Sept. 26, 2019, 133 Stat. 1091.
Pub. L. 115–258, § 2(d), Oct. 9, 2018, 132 Stat. 3662.
Pub. L. 115–75, § 2(d), Nov. 2, 2017, 131 Stat. 1244.
Pub. L. 114–197, § 2(d), July 22, 2016, 130 Stat. 693.
Pub. L. 113–181, § 2(d), Sept. 26, 2014, 128 Stat. 1916.
Pub. L. 113–52, § 2(d), Nov. 21, 2013, 127 Stat. 582.
Pub. L. 112–198, § 2(d), Nov. 27, 2012, 126 Stat. 1464.
Pub. L. 112–53, § 2(d), Nov. 9, 2011, 125 Stat. 549.
Pub. L. 111–247, § 2(d), Sept. 30, 2010, 124 Stat. 2624.
Pub. L. 111–37, § 2(d), June 30, 2009, 123 Stat. 1928.
Pub. L. 110–324, § 2(d), Sept. 24, 2008, 122 Stat. 3550.
Pub. L. 110–111, § 2(d), Nov. 5, 2007, 121 Stat. 1036.
Pub. L. 109–361, § 2(d), Oct. 16, 2006, 120 Stat. 2063.
Pub. L. 109–111, § 2(g), Nov. 22, 2005, 119 Stat. 2364.
Pub. L. 108–363, § 2(d), Oct. 25, 2004, 118 Stat. 1706.
Pub. L. 108–147, § 2(d), Dec. 3, 2003, 117 Stat. 1886.
Pub. L. 107–247, § 2(d), Oct. 23, 2002, 116 Stat. 1518.
Pub. L. 107–94, § 2(b), Dec. 21, 2001, 115 Stat. 901.
Pub. L. 106–413, § 2(d), Nov. 1, 2000, 114 Stat. 1799.
Pub. L. 106–118, § 2(b), Nov. 30, 1999, 113 Stat. 1602.
Pub. L. 105–368, title XI, § 1101(d), Nov. 11, 1998, 112
Stat. 3366.
Pub. L. 105–98, § 2(b), Nov. 19, 1997, 111 Stat. 2156.
Pub. L. 104–263, § 2(b), Oct. 9, 1996, 110 Stat. 3212.
Pub. L. 104–57, § 2(d), Nov. 22, 1995, 109 Stat. 556.
Pub. L. 103–418, § 2(d), Oct. 25, 1994, 108 Stat. 4337.
Pub. L. 102–510, § 2(b), Oct. 24, 1992, 106 Stat. 3318.
Pub. L. 102–152, § 2(b), Nov. 12, 1991, 105 Stat. 986.
Pub. L. 102–3, § 2(b), Feb. 6, 1991, 105 Stat. 8.
Pub. L. 101–237, title I, § 101(b), Dec. 18, 1989, 103 Stat.
2063.
Pub. L. 100–687, div. B, title XI, § 1101(b), Nov. 18, 1988,
102 Stat. 4123.
Pub. L. 100–227, title I, § 101(b), Dec. 31, 1987, 101 Stat.
1553.
Pub. L. 99–576, title I, § 101(b), Oct. 28, 1986, 100 Stat.
3251.
Pub. L. 99–238, title I, § 101(b), Jan. 13, 1986, 99 Stat.
1766.
Pub. L. 98–543, title I, § 101(b), Oct. 24, 1984, 98 Stat.
2736.
Pub. L. 98–223, title I, § 101(b), Mar. 2, 1984, 98 Stat. 38.
Pub. L. 97–306, title I, § 101(b), Oct. 14, 1982, 96 Stat.
1430.
Pub. L. 97–66, title I, § 101(b), Oct. 17, 1981, 95 Stat.
1027.
Pub. L. 96–385, title I, § 101(b), Oct. 7, 1980, 94 Stat.
1529.
Pub. L. 96–128, title I, § 101(b), Nov. 28, 1979, 93 Stat.
983.
Pub. L. 95–479, title I, § 101(e), Oct. 18, 1978, 92 Stat.
1562.
Pub. L. 95–117, title I, § 101(b), Oct. 3, 1977, 91 Stat.
1063.
Pub. L. 94–433, title I, § 101(b), Sept. 30, 1976, 90 Stat.
1374.
Pub. L. 94–71, title I, § 101(b), Aug. 5, 1975, 89 Stat. 395.
Pub. L. 93–295, title I, § 101(b), May 31, 1974, 88 Stat.
181.
Pub. L. 92–328, title I, § 101(b), June 30, 1972, 86 Stat.
393.
Pub. L. 91–376, § 1(b), Aug. 12, 1970, 84 Stat. 788.
Pub. L. 90–493, § 1(b), Aug. 19, 1968, 82 Stat. 809.
Pub. L. 89–311, § 1(b), Oct. 31, 1965, 79 Stat. 1154.
Pub. L. 87–645, § 1(b), Sept. 7, 1962, 76 Stat. 441.
§ 1115. Additional compensation for dependents
Any veteran entitled to compensation at the
rates provided in section 1114 of this title, and
whose disability is rated not less than 30 per-
cent, shall be entitled to additional compensa-
tion for dependents in the following monthly
amounts:
(1) If and while rated totally disabled and—
(A) has a spouse but no child, $150;
(B) has a spouse and one or more children,
$259 plus $75 for each child in excess of one;
(C) has no spouse but one or more children,
$101 plus $75 for each child in excess of one;
(D) has a parent dependent upon such vet-
eran for support, then, in addition to the
above amounts, $120 for each parent so de-
pendent;
(E) notwithstanding the other provisions
of this paragraph, the monthly payable
amount on account of a spouse who is (i) a
patient in a nursing home or (ii) blind, or so
nearly blind or significantly disabled as to
need or require the regular aid and attend-
ance of another person, shall be $286 for a to-
tally disabled veteran and proportionate
amounts for partially disabled veterans in
accordance with paragraph (2) of this sec-
tion; and
(F) notwithstanding the other provisions
of this paragraph, the monthly amount pay-
able on account of each child who has at-
tained the age of eighteen years and who is
pursuing a course of instruction at an ap-
proved educational institution shall be $240
for a totally disabled veteran and propor-
tionate amounts for partially disabled vet-
erans in accordance with paragraph (2) of
this section.
(2) If and while rated partially disabled, but
not less than 30 percent, in an amount having
the same ratio to the amount specified in
paragraph (1) of this section as the degree of
disability
bears
to
total
disability.
The
amounts payable under this paragraph, if not
a multiple of $1, shall be rounded down to the
nearest dollar.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1121, § 315;
Pub. L. 86–499, § 1, June 8, 1960, 74 Stat. 165; Pub.
L. 89–137, § 1(b), Aug. 26, 1965, 79 Stat. 576; Pub. L.
89–311, § 2(a), (b), Oct. 31, 1965, 79 Stat. 1154, 1155;
Pub. L. 91–376, § 2, Aug. 12, 1970, 84 Stat. 788; Pub.
L. 92–328, title I, § 102, June 30, 1972, 86 Stat. 394;
Page 156
TITLE 38—VETERANS’ BENEFITS
§ 1115
Pub. L. 93–295, title I, § 102, May 31, 1974, 88 Stat.
181; Pub. L. 94–71, title I, § 102, Aug. 5, 1975, 89
Stat. 396; Pub. L. 94–433, title I, § 102, title IV,
§ 404(9)–(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub.
L. 95–117, title I, § 102, Oct. 3, 1977, 91 Stat. 1064;
Pub. L. 95–479, title I, § 102, Oct. 18, 1978, 92 Stat.
1562; Pub. L. 96–128, title I, § 102, Nov. 28, 1979, 93
Stat. 983; Pub. L. 96–385, title I, § 102, Oct. 7, 1980,
94 Stat. 1529; Pub. L. 97–66, title I, § 102, Oct. 17,
1981, 95 Stat. 1027; Pub. L. 97–253, title IV,
§§ 404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub. L.
97–306, title I, §§ 102, 107, Oct. 14, 1982, 96 Stat.
1430, 1431; Pub. L. 98–223, title I, § 102, Mar. 2,
1984, 98 Stat. 38; Pub. L. 98–543, title I, § 102, Oct.
24, 1984, 98 Stat. 2736; Pub. L. 99–238, title I, § 102,
Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99–576, title I,
§ 102, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100–227,
title I, § 102, Dec. 31, 1987, 101 Stat. 1553; Pub. L.
100–687, div. B, title XI, § 1102, Nov. 18, 1988, 102
Stat. 4123; Pub. L. 101–237, title I, § 102, Dec. 18,
1989, 103 Stat. 2063; Pub. L. 102–3, § 3, Feb. 6, 1991,
105 Stat. 8; renumbered § 1115 and amended Pub.
L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;
Pub. L. 102–152, § 3, Nov. 12, 1991, 105 Stat. 986;
Pub. L. 103–78, § 2, Aug. 13, 1993, 107 Stat. 768;
Pub. L. 103–140, § 3, Nov. 11, 1993, 107 Stat. 1486;
Pub. L. 105–98, § 3, Nov. 19, 1997, 111 Stat. 2156;
Pub. L. 106–118, § 3, Nov. 30, 1999, 113 Stat. 1602;
Pub. L. 107–94, § 3, Dec. 21, 2001, 115 Stat. 901;
Pub. L. 107–330, title III, § 309(b), Dec. 6, 2002, 116
Stat. 2830; Pub. L. 108–454, title III, § 307(b), Dec.
10, 2004, 118 Stat. 3613; Pub. L. 109–111, § 2(b), Nov.
22, 2005, 119 Stat. 2363; Pub. L. 109–233, title V,
§ 502(3), June 15, 2006, 120 Stat. 415; Pub. L.
109–444, § 9(b), Dec. 21, 2006, 120 Stat. 3314; Pub. L.
109–461, title X, §§ 1005(b), 1006(b), Dec. 22, 2006,
120 Stat. 3467, 3468; Pub. L. 110–324, § 3(b), Sept.
24, 2008, 122 Stat. 3551; Pub. L. 111–37, § 3(b), June
30, 2009, 123 Stat. 1929.)
DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION RATE INCREASES
For increases in rates of Department of Vet-
erans Affairs disability compensation and de-
pendency and indemnity compensation, see
notes set out under section 1114 of this title.
Editorial Notes
AMENDMENTS
2009—Par. (1)(A). Pub. L. 111–37, § 3(b)(1), substituted
‘‘$150’’ for ‘‘$142’’.
Par. (1)(B). Pub. L. 111–37, § 3(b)(2), substituted ‘‘$259’’
and ‘‘$75’’ for ‘‘$245’’ and ‘‘$71’’, respectively.
Par. (1)(C). Pub. L. 111–37, § 3(b)(3), substituted ‘‘$101’’
and ‘‘$75’’ for ‘‘$96’’ and ‘‘$71’’, respectively.
Par. (1)(D). Pub. L. 111–37, § 3(b)(4), substituted ‘‘$120’’
for ‘‘$114’’.
Par. (1)(E). Pub. L. 111–37, § 3(b)(5), substituted ‘‘$286’’
for ‘‘$271’’.
Par. (1)(F). Pub. L. 111–37, § 3(b)(6), substituted ‘‘$240’’
for ‘‘$227’’.
2008—Par. (1)(A). Pub. L. 110–324, § 3(b)(1), substituted
‘‘$142’’ for ‘‘$139’’.
Par. (1)(B). Pub. L. 110–324, § 3(b)(2), substituted ‘‘$245’’
and ‘‘$71’’ for ‘‘$240’’ and ‘‘$70’’, respectively.
Par. (1)(C). Pub. L. 110–324, § 3(b)(3), substituted ‘‘$96’’
and ‘‘$71’’ for ‘‘$94’’ and ‘‘$70’’, respectively.
Par. (1)(D). Pub. L. 110–324, § 3(b)(4), substituted
‘‘$114’’ for ‘‘$112’’.
Par. (1)(E). Pub. L. 110–324, § 3(b)(5), substituted ‘‘$271’’
for ‘‘$265’’.
Par. (1)(F). Pub. L. 110–324, § 3(b)(6), substituted ‘‘$227’’
for ‘‘$222’’.
2006—Pub. L. 109–461, § 1006(b), provided that as of the
enactment of Pub. L. 109–461, the amendments made by
Pub. L. 109–444 were deemed for all purposes not to have
taken effect and that Pub. L. 109–444 ceased to be in ef-
fect. See Amendment notes below and section 1006(b) of
Pub. L. 109–461, set out as a Coordination of Provisions
With Pub. L. 109–444 note under section 101 of this title.
Par. (1)(A). Pub. L. 109–461, § 1005(b)(1), substituted
‘‘$139’’ for ‘‘$135’’.
Pub. L. 109–444, § 9(b)(1), which substituted ‘‘$139’’ for
‘‘$135’’, was terminated by Pub. L. 109–461, § 1006(b). See
Amendment notes above.
Par. (1)(B). Pub. L. 109–461, § 1005(b)(2), substituted
‘‘$240’’ and ‘‘$70’’ for ‘‘$233’’ and ‘‘$68’’, respectively.
Pub. L. 109–444, § 9(b)(2), which substituted ‘‘$240’’ and
‘‘$70’’ for ‘‘$233’’ and ‘‘$68’’, respectively, was termi-
nated by Pub. L. 109–461, § 1006(b). See Amendment
notes above.
Par. (1)(C). Pub. L. 109–461, § 1005(b)(3), substituted
‘‘$94’’ and ‘‘$70’’ for ‘‘$91’’ and ‘‘$68’’, respectively.
Pub. L. 109–444, § 9(b)(3), which substituted ‘‘$94’’ and
‘‘$70’’ for ‘‘$91’’ and ‘‘$68’’, respectively, was terminated
by Pub. L. 109–461, § 1006(b). See Amendment notes
above.
Par. (1)(D). Pub. L. 109–461, § 1005(b)(4), substituted
‘‘$112’’ for ‘‘$109’’.
Pub. L. 109–444, § 9(b)(4), which substituted ‘‘$112’’ for
‘‘$109’’, was terminated by Pub. L. 109–461, § 1006(b). See
Amendment notes above.
Par. (1)(E). Pub. L. 109–461, § 1005(b)(5), substituted
‘‘$265’’ for ‘‘$257’’.
Pub. L. 109–444, § 9(b)(5), which substituted ‘‘$265’’ for
‘‘$257’’, was terminated by Pub. L. 109–461, § 1006(b). See
Amendment notes above.
Par. (1)(E)(ii). Pub. L. 109–233 substituted ‘‘blind, or
so nearly blind or significantly disabled as to’’ for
‘‘helpless or blind, or so nearly helpless or blind as to’’.
Par. (1)(F). Pub. L. 109–461, § 1005(b)(6), substituted
‘‘$222’’ for ‘‘$215’’.
Pub. L. 109–444, § 9(b)(6), which substituted ‘‘$222’’ for
‘‘$215’’, was terminated by Pub. L. 109–461, § 1006(b). See
Amendment notes above.
2005—Par. (1)(A). Pub. L. 109–111, § 2(b)(1), substituted
‘‘$135’’ for ‘‘$127’’.
Par. (1)(B). Pub. L. 109–111, § 2(b)(2), substituted ‘‘$233’’
and ‘‘$68’’ for ‘‘$219’’ and ‘‘$65’’, respectively.
Par. (1)(C). Pub. L. 109–111, § 2(b)(3), substituted ‘‘$91’’
and ‘‘$68’’ for ‘‘$86’’ and ‘‘$65’’, respectively.
Par. (1)(D). Pub. L. 109–111, § 2(b)(4), substituted
‘‘$109’’ for ‘‘$103’’.
Par. (1)(E). Pub. L. 109–111, § 2(b)(5), substituted ‘‘$257’’
for ‘‘$241’’.
Par. (1)(F). Pub. L. 109–111, § 2(b)(6), substituted ‘‘$215’’
for ‘‘$202’’.
2004—Par. (1)(A). Pub. L. 108–454, § 307(b)(1), sub-
stituted ‘‘$127’’ for ‘‘$125’’.
Par. (1)(B). Pub. L. 108–454, § 307(b)(2), substituted
‘‘$219’’ and ‘‘$65’’ for ‘‘$215’’ and ‘‘$64’’, respectively.
Par. (1)(C). Pub. L. 108–454, § 307(b)(3), substituted
‘‘$86’’ and ‘‘$65’’ for ‘‘$85’’ and ‘‘$64’’, respectively.
Par. (1)(D). Pub. L. 108–454, § 307(b)(4), substituted
‘‘$103’’ for ‘‘$101’’.
Par. (1)(E). Pub. L. 108–454, § 307(b)(5), substituted
‘‘$241’’ for ‘‘$237’’.
Par. (1)(F). Pub. L. 108–454, § 307(b)(6), substituted
‘‘$202’’ for ‘‘$198’’.
2002—Par. (1)(A). Pub. L. 107–330, § 309(b)(1), sub-
stituted ‘‘$125’’ for ‘‘$124’’.
Par. (1)(B). Pub. L. 107–330, § 309(b)(2), substituted
‘‘$215’’ for ‘‘$213’’.
Par. (1)(C). Pub. L. 107–330, § 309(b)(3), substituted
‘‘$85’’ for ‘‘$84’’.
Par. (1)(D). Pub. L. 107–330, § 309(b)(4), substituted
‘‘$101’’ for ‘‘$100’’.
Par. (1)(E). Pub. L. 107–330, § 309(b)(5), substituted
‘‘$237’’ for ‘‘$234’’.
Par. (1)(F). Pub. L. 107–330, § 309(b)(6), substituted
‘‘$198’’ for ‘‘$196’’.
2001—Par. (1)(A). Pub. L. 107–94, § 3(1), substituted
‘‘$124’’ for ‘‘$117’’.
Page 157
TITLE 38—VETERANS’ BENEFITS
§ 1115
Par. (1)(B). Pub. L. 107–94, § 3(2), substituted ‘‘$213’’
and ‘‘$64’’ for ‘‘$201’’ and ‘‘$61’’, respectively.
Par. (1)(C). Pub. L. 107–94, § 3(3), substituted ‘‘$84’’ and
‘‘$64’’ for ‘‘$80’’ and ‘‘$61’’, respectively.
Par. (1)(D). Pub. L. 107–94, § 3(4), substituted ‘‘$100’’ for
‘‘$95’’.
Par. (1)(E). Pub. L. 107–94, § 3(5), substituted ‘‘$234’’ for
‘‘$222’’.
Par. (1)(F). Pub. L. 107–94, § 3(6), substituted ‘‘$196’’ for
‘‘$186’’.
1999—Par. (1)(A). Pub. L. 106–118, § 3(1), substituted
‘‘$117’’ for ‘‘$114’’.
Par. (1)(B). Pub. L. 106–118, § 3(2), substituted ‘‘$201’’
and ‘‘$61’’ for ‘‘$195’’ and ‘‘$60’’, respectively.
Par. (1)(C). Pub. L. 106–118, § 3(3), substituted ‘‘$80’’
and ‘‘$61’’ for ‘‘$78’’ and ‘‘$60’’, respectively.
Par. (1)(D). Pub. L. 106–118, § 3(4), substituted ‘‘$95’’ for
‘‘$92’’.
Par. (1)(E). Pub. L. 106–118, § 3(5), substituted ‘‘$222’’
for ‘‘$215’’.
Par. (1)(F). Pub. L. 106–118, § 3(6), substituted ‘‘$186’’
for ‘‘$180’’.
1997—Par. (1)(A). Pub. L. 105–98, § 3(1), substituted
‘‘$114’’ for ‘‘$105’’.
Par. (1)(B). Pub. L. 105–98, § 3(2), substituted ‘‘$195’’
and ‘‘$60’’ for ‘‘$178’’ and ‘‘$55’’, respectively.
Par. (1)(C). Pub. L. 105–98, § 3(3), substituted ‘‘$78’’ and
‘‘$60’’ for ‘‘$72’’ and ‘‘$55’’, respectively.
Par. (1)(D). Pub. L. 105–98, § 3(4), substituted ‘‘$92’’ for
‘‘$84’’.
Par. (1)(E). Pub. L. 105–98, § 3(5), substituted ‘‘$215’’ for
‘‘$195’’.
Par. (1)(F). Pub. L. 105–98, § 3(6), substituted ‘‘$180’’ for
‘‘$164’’.
1993—Par. (1)(A). Pub. L. 103–140, § 3(1), substituted
‘‘$105’’ for ‘‘$103’’.
Pub. L. 103–78, § 2(1), substituted ‘‘$103’’ for ‘‘$100’’.
Par. (1)(B). Pub. L. 103–140, § 3(2), substituted ‘‘$178’’
for ‘‘$174’’ and ‘‘$55’’ for ‘‘$54’’.
Pub. L. 103–78, § 2(2), substituted ‘‘$174’’ for ‘‘$169’’ and
‘‘$54’’ for ‘‘$52’’.
Par. (1)(C). Pub. L. 103–140, § 3(3), substituted ‘‘$72’’ for
‘‘$71’’ and ‘‘$55’’ for ‘‘$54’’.
Pub. L. 103–78, § 2(3), substituted ‘‘$71’’ for ‘‘$69’’ and
‘‘$54’’ for ‘‘$52’’.
Par. (1)(D). Pub. L. 103–140, § 3(4), substituted ‘‘$84’’ for
‘‘$82’’.
Pub. L. 103–78, § 2(4), substituted ‘‘$82’’ for ‘‘$80’’.
Par. (1)(E). Pub. L. 103–140, § 3(5), substituted ‘‘$195’’
for ‘‘$191’’.
Pub. L. 103–78, § 2(5), substituted ‘‘$191’’ for ‘‘$185’’.
Par. (1)(F). Pub. L. 103–140, § 3(6), substituted ‘‘$164’’
for ‘‘$160’’.
Pub. L. 103–78, § 2(6), substituted ‘‘$160’’ for ‘‘$155’’.
1991—Pub. L. 102–83, § 5(a), renumbered section 315 of
this title as this section.
Pub. L. 102–83, § 5(c)(1), substituted ‘‘1114’’ for ‘‘314’’ in
introductory provisions.
Par. (1)(A). Pub. L. 102–152, § 3(1), substituted ‘‘$100’’
for ‘‘$96’’.
Pub. L. 102–3, § 3(1), substituted ‘‘$96’’ for ‘‘$92’’.
Par. (1)(B). Pub. L. 102–152, § 3(2), substituted ‘‘$169’’
for ‘‘$163’’ and ‘‘$52’’ for ‘‘$50’’.
Pub. L. 102–3, § 3(2), substituted ‘‘$163’’ for ‘‘$155’’ and
‘‘$50’’ for ‘‘$48’’.
Par. (1)(C). Pub. L. 102–152, § 3(3), substituted ‘‘$69’’ for
‘‘$67’’ and ‘‘$52’’ for ‘‘$50’’.
Pub. L. 102–3, § 3(3), substituted ‘‘$67’’ for ‘‘$64’’ and
‘‘$50’’ for ‘‘$48’’.
Par. (1)(D). Pub. L. 102–152, § 3(4), substituted ‘‘$80’’ for
‘‘$77’’.
Pub. L. 102–3, § 3(4), substituted ‘‘$77’’ for ‘‘$74’’.
Par. (1)(E). Pub. L. 102–152, § 3(5), substituted ‘‘$185’’
for ‘‘$178’’.
Pub. L. 102–3, § 3(5), substituted ‘‘$178’’ for ‘‘$169’’.
Par. (1)(F). Pub. L. 102–152, § 3(6), substituted ‘‘$155’’
for ‘‘$149’’.
Pub. L. 102–3, § 3(6), substituted ‘‘$149’’ for ‘‘$142’’.
1989—Par. (1)(A). Pub. L. 101–237, § 102(1), substituted
‘‘$92’’ for ‘‘$88’’.
Par. (1)(B). Pub. L. 101–237, § 102(2), substituted ‘‘$155’’
and ‘‘$48’’ for ‘‘$148’’ and ‘‘$46’’, respectively.
Par. (1)(C). Pub. L. 101–237, § 102(3), substituted ‘‘$64’’
and ‘‘$48’’ for ‘‘$61’’ and ‘‘$46’’, respectively.
Par. (1)(D). Pub. L. 101–237, § 102(4), substituted ‘‘$74’’
for ‘‘$71’’.
Par. (1)(E). Pub. L. 101–237, § 102(5), substituted ‘‘$169’’
for ‘‘$161’’.
Par. (1)(F). Pub. L. 101–237, § 102(6), substituted ‘‘$142’’
for ‘‘$136’’.
1988—Par. (1)(A). Pub. L. 100–687, § 1102(1), substituted
‘‘$88’’ for ‘‘$85’’.
Par. (1)(B). Pub. L. 100–687, § 1102(2), substituted
‘‘$148’’ and ‘‘$46’’ for ‘‘$143’’ and ‘‘$45’’, respectively.
Par. (1)(C). Pub. L. 100–687, § 1102(3), substituted ‘‘$61’’
and ‘‘$46’’ for ‘‘$59’’ and ‘‘$45’’, respectively.
Par. (1)(D). Pub. L. 100–687, § 1102(4), substituted ‘‘$71’’
for ‘‘$69’’.
Par. (1)(E). Pub. L. 100–687, § 1102(5), substituted
‘‘$161’’ for ‘‘$155’’.
Par. (1)(F). Pub. L. 100–687, § 1102(6), substituted
‘‘$136’’ for ‘‘$131’’.
1987—Par. (1)(A). Pub. L. 100–227, § 102(1), substituted
‘‘$85’’ for ‘‘$82’’.
Par. (1)(B). Pub. L. 100–227, § 102(2), substituted ‘‘$143’’
and ‘‘$45’’ for ‘‘$138’’ and ‘‘$44’’, respectively.
Par. (1)(C). Pub. L. 100–227, § 102(3), substituted ‘‘$59’’
and ‘‘$45’’ for ‘‘$57’’ and ‘‘$44’’, respectively.
Par. (1)(D). Pub. L. 100–227, § 102(4), substituted ‘‘$69’’
for ‘‘$67’’.
Par. (1)(E). Pub. L. 100–227, § 102(5), substituted ‘‘$155’’
for ‘‘$149’’.
Par. (1)(F). Pub. L. 100–227, § 102(6), substituted ‘‘$131’’
for ‘‘$126’’.
1986—Par. (1)(A). Pub. L. 99–576, § 102(1), substituted
‘‘$82’’ for ‘‘$81’’.
Pub. L. 99–238, § 102(1), substituted ‘‘$81’’ for ‘‘$79’’.
Par. (1)(B). Pub. L. 99–576, § 102(2), substituted ‘‘$138’’
and ‘‘$44’’ for ‘‘$136’’ and ‘‘$43’’, respectively.
Pub. L. 99–238, § 102(2), substituted ‘‘$136’’ and ‘‘$43’’
for ‘‘$132’’ and ‘‘$42’’, respectively.
Par. (1)(C). Pub. L. 99–576, § 102(3), substituted ‘‘$57’’
and ‘‘$44’’ for ‘‘$56’’ and ‘‘$43’’, respectively.
Pub. L. 99–238, § 102(3), substituted ‘‘$56’’ and ‘‘$43’’ for
‘‘$54’’ and ‘‘$42’’, respectively.
Par. (1)(D). Pub. L. 99–576, § 102(4), substituted ‘‘$67’’
for ‘‘$66’’.
Pub. L. 99–238, § 102(4), substituted ‘‘$66’’ for ‘‘$64’’.
Par. (1)(E). Pub. L. 99–576, § 102(5), substituted ‘‘$149’’
for ‘‘$147’’.
Pub. L. 99–238, § 102(5), substituted ‘‘$147’’ for ‘‘$143’’.
Par. (1)(F). Pub. L. 99–576, § 102(6), substituted ‘‘$126’’
for ‘‘$124’’.
Pub. L. 99–238, § 102(6), substituted ‘‘$124’’ for ‘‘$120’’.
1984—Pub. L. 98–223, § 102(b), substituted ‘‘percent’’ for
‘‘per centum’’ in provision preceding par. (1).
Par. (1)(A). Pub. L. 98–543, § 102(1), substituted ‘‘$79’’
for ‘‘$77’’.
Pub. L. 98–223, § 102(a)(1), substituted ‘‘$77’’ for ‘‘$74’’.
Par. (1)(B). Pub. L. 98–543, § 102(2), substituted ‘‘$132’’
and ‘‘$42’’ for ‘‘$128’’ and ‘‘$41’’, respectively.
Pub. L. 98–223, § 102(a)(2), substituted ‘‘$128’’ and ‘‘$41’’
for ‘‘$124’’ and ‘‘$40’’, respectively.
Par. (1)(C). Pub. L. 98–543, § 102(3), substituted ‘‘$54’’
and ‘‘$42’’ for ‘‘$52’’ and ‘‘$41’’, respectively.
Pub. L. 98–223, § 102(a)(3), substituted ‘‘$52’’ and ‘‘$41’’
for ‘‘$50’’ and ‘‘$40’’, respectively.
Par. (1)(D). Pub. L. 98–543, § 102(4), substituted ‘‘$64’’
for ‘‘$62’’.
Pub. L. 98–223, § 102(a)(4), substituted ‘‘$62’’ for ‘‘$60’’.
Par. (1)(E). Pub. L. 98–543, § 102(5), substituted ‘‘$143’’
for ‘‘$139’’.
Pub. L. 98–223, § 102(a)(5), substituted ‘‘$139’’ for
‘‘$134’’.
Par. (1)(F). Pub. L. 98–543, § 102(6), substituted ‘‘$120’’
for ‘‘$116’’.
Pub. L. 98–223, § 102(a)(6), substituted ‘‘$116’’ for
‘‘$112’’.
Par. (2). Pub. L. 98–223, § 102(b), substituted ‘‘percent’’
for ‘‘per centum’’.
Page 158
TITLE 38—VETERANS’ BENEFITS
§ 1115
1982—Par. (1)(A). Pub. L. 97–306, § 102(1), added subpar.
(A) and struck out former subpar. (A) which provided
$69 for a veteran with a spouse but no child living.
Par. (1)(B). Pub. L. 97–306, §§ 102(1), 107, 108, added sub-
par. (B), repealed amendment made by Pub. L. 97–253,
§ 405(c)(1), eff. Oct. 1, 1982, and struck out former sub-
par. (B) which provided $116 for a veteran with a spouse
and one child living.
Pub. L. 97–253, § 405(c)(1), (h), eff. Jan. 1, 1983, sub-
stituted ‘‘$115’’ for ‘‘$116’’.
Par. (1)(C). Pub. L. 97–306, § 102(1), added subpar. (C)
and struck out former subpar. (C) which provided $153
for a veteran with a spouse and two children living.
Par. (1)(D). Pub. L. 97–306, §§ 102(1)–(3), 107, 108, redes-
ignated subpar. (H) as (D), in subpar. (D) as so redesig-
nated, substituted ‘‘$60’’ for ‘‘$56’’, struck out former
subpar. (D) which provided $192 for a veteran with a
spouse and three or more children living (plus $38 for
each living child in excess of three), and repealed
amendment made by Pub. L. 97–253, § 405(c)(2), eff. Oct.
1, 1982.
Pub. L. 97–253, § 405(c)(2), (h), eff. Jan. 1, 1983, sub-
stituted ‘‘$37’’ for ‘‘$38’’ after ‘‘plus’’.
Par. (1)(E). Pub. L. 97–306, § 102(1), (2), (4), redesig-
nated subpar. (I) as (E), substituted ‘‘$134’’ for ‘‘$125’’,
and struck out former subpar. (E) which provided $47
for a veteran with no spouse but one child living.
Par. (1)(F). Pub. L. 97–306, § 102(1), (2), (5), redesig-
nated subpar. (J) as (F), substituted ‘‘$112’’ for ‘‘$105’’,
and struck out former subpar. (F) which provided $86
for a veteran with no spouse but two children living.
Par. (1)(G). Pub. L. 97–306, §§ 102(1), 107, 108, struck out
subpar. (G) which provided $123 for a veteran with no
spouse but three or more children living (plus $38 for
each living child in excess of three), and repealed
amendment made by Pub. L. 97–253, § 405(c)(3), eff. Oct.
1, 1982.
Pub. L. 97–253, § 405(c)(3), (h), eff. Jan. 1, 1983, sub-
stituted ‘‘$37’’ for ‘‘$38’’ after ‘‘plus’’.
Par. (1)(H) to (J). Pub. L. 97–306, § 102(2), redesignated
subpars. (H), (I), and (J) as (D), (E), and (F), respec-
tively.
Par. (2). Pub. L. 97–253, § 404(b), substituted provisions
that the amounts payable under this paragraph, if not
a multiple of $1, be rounded down to the nearest dollar
for provisions that such amounts would be adjusted up-
ward or downward to the nearest dollar, counting fifty
cents and over as a whole dollar.
1981—Par. (1)(A) to (J). Pub. L. 97–66 increased com-
pensation figures as follows: in subpar. (A) from $62 to
$69, in subpar. (B) from $104 to $116, in subpar. (C) from
$138 to $153, in subpar. (D) from $173 to $192 and from $34
to $38, in subpar. (E) from $42 to $47, in subpar. (F) from
$77 to $86, in subpar (G) from $111 to $123 and from $34
to $38, in subpar. (H) from $50 to $56, in subpar. (I) from
$112 to $125, and in subpar. (J) from $94 to $105.
1980—Par. (1)(A) to (J). Pub. L. 96–385, § 102(1)–(10), in-
creased additional compensation in subpar. (A) from $54
to $62, in subpar. (B) from $91 to $104, in subpar. (C)
from $121 to $138, in subpar. (D) from $151 and $30 to $173
and $34, respectively, in subpar. (E) from $37 to $42, in
subpar. (F) from $67 to $77, in subpar. (G) from $97 and
$30 to $111 and $34, respectively, in subpar. (H) from $44
to $50, in subpar. (I) from $98 to $112, and in subpar. (J)
from $82 to $94.
1979—Par. (1)(A) to (H). Pub. L. 96–128, § 102(a)(1)–(8),
increased additional compensation in subpar. (A) from
$49 to $54, in subpar. (B) from $83 to $91, in subpar. (C)
from $110 to $121, in subpar. (D) from $137 and $27 to $151
and $30, respectively, in subpar. (E) from $34 to $37, in
subpar. (F) from $61 to $67, in subpar. (G) from $88 and
$27 to $97 and $30, respectively, and in subpar. (H) from
$40 to $44.
Par. (1)(I). Pub. L. 96–128, § 102(a)(9), (b)(1)(A), sub-
stituted ‘‘paragraph’’ for ‘‘subsection’’, ‘‘(i)’’ for ‘‘(1)’’,
‘‘(ii)’’ for ‘‘(2)’’, ‘‘$98’’ for ‘‘$89’’, and ‘‘section’’ for ‘‘sub-
section’’.
Par. (1)(J). Pub. L. 96–128, § 102(a)(10), (b)(1)(B), sub-
stituted ‘‘paragraph’’ for ‘‘subsection’’, ‘‘$82’’ for ‘‘$75’’,
and ‘‘section’’ for ‘‘subsection’’.
Par. (2). Pub. L. 96–128, § 102(b)(2), inserted ‘‘of this
section’’ after ‘‘(1)’’.
1978—Pub. L. 95–479, § 102(b), substituted ‘‘30 per cen-
tum’’ for ‘‘50 per centum’’ in provisions preceding par.
(1).
Par. (1). Pub. L. 95–479, § 102(a), substituted $49 for $46
in subpar. (A), $83 for $77 in subpar. (B), $110 for $98 in
subpar. (C), $137 and $27 for $120 and $22, respectively, in
subpar. (D), $34 for $30 in subpar. (E), $61 for $52 in sub-
par. (F), $88 and $27 for $77 and $22, respectively, in sub-
par. (G), $40 for $37 in subpar. (H), $89 for $83 in subpar.
(I), and $75 for $70 in subpar. (J).
Par. (2). Pub. L. 95–479, § 102(b), substituted ‘‘30 per
centum’’ for ‘‘50 per centum’’.
1977—Par. (1). Pub. L. 95–117 substituted $46 for $43 in
subpar. (A), $77 for $72 in subpar. (B), $98 for $92 in sub-
par. (C), $120 and $22 for $113 and $21, respectively, in
subpar. (D), $30 for $28 in subpar. (E), $52 for $49 in sub-
par. (F), $77 and $22 for $72 and $21, respectively, in sub-
par. (G), $37 for $35 in subpar. (H), $83 for $78 in subpar.
(I), and $70 for $66 in subpar. (J).
1976—Par. (1). Pub. L. 94–433, § 102, substituted $43 for
$40 in subpar. (A), $72 for $67 in subpar. (B), $92 for $85
in subpar. (C), $113 and $21 for $105 and $19, respectively,
in subpar. (D), $28 for $26 in subpar. (E), $49 for $45 in
subpar. (F), $72 and $21 for $67 and $19, respectively, in
subpar. (G), $35 for $32 in subpar. (H), added subpar. (I),
and substituted $66 for $61 in subpar. (J), formerly (I),
but redesignated (J).
Pub. L. 94–433, §§ 404(9), (10), substituted ‘‘spouse’’ for
‘‘wife’’ in subpars. (A) through (G) and ‘‘parent depend-
ent upon such veteran’’ for ‘‘mother or father, either or
both dependent upon him’’ in subpar. (H).
Par. (2). Pub. L. 94–433, § 404(11), struck out ‘‘his’’ be-
fore ‘‘disability bears’’.
1975—Par. (1). Pub. L. 94–71 substituted $40 for $36 in
subpar. (A), $67 for $61 in subpar. (B), $85 for $77 in sub-
par. (C), $105 and $19 for $95 and $17, respectively, in
subpar. (D), $26 for $24 in subpar. (E), $45 for $41 in sub-
par. (F), $67 and $19 for $61 and $17, respectively, in sub-
par. (G), $32 for $29 in subpar. (H) and $61 for $55 in sub-
par. (I).
1974—Par. (1). Pub. L. 93–295 substituted $36 for $31 in
subpar. (A), $61 for $53 in subpar. (B), $77 for $67 in sub-
par. (C), $95 and $17 for $83 and $15, respectively, in sub-
par. (D), $24 for $21 in subpar. (E), $41 for $36 in subpar.
(F), $61 and $17 for $53 and $15, respectively, in subpar.
(G), $29 for $25 in subpar. (H), and $55 for $48 in subpar.
(I).
1972—Par. (1). Pub. L. 92–328 substituted $31 for $28 in
subpar. (A), $53 for $48 in subpar. (B), $67 for $61 in sub-
par. (C), $83 and $15 for $75 and $14, respectively, in sub-
par. (D), $21 for $19 in subpar. (E), $36 for $33 in subpar.
(F), $53 and $15 for $48 and $14, respectively, in subpar.
(G), $25 for $23 in subpar. (H), and $48 for $44 in subpar.
(I).
1970—Par. (1). Pub. L. 91–376 substituted $28 for $25 in
subpar. (A), $48 for $43 in subpar. (B), $61 for $55 in sub-
par. (C), $75 and $14 for $68 and $13, respectively, in sub-
par. (D), $19 for $17 in subpar. (E), $33 for $30 in subpar.
(F), $48 and $14 for $43 and $13, respectively, in subpar.
(G), $23 for $21 in subpar. (H), and $44 for $40 in subpar.
(I).
1965—Par. (1). Pub. L. 89–311 substituted $25 for $23 in
subpar. (A), $43 for $39 in subpar. (B), $55 for $50 in sub-
par. (C), $68 and $13 for $62 and $12, respectively, in sub-
par. (D), $17 for $15 in subpar. (E), $30 for $27 in subpar.
(F), $43 and $13 for $39 and $12, respectively, in subpar.
(G), and $21 for $19 in subpar. (H), and added subpar. (I).
Pub. L. 89–137 struck out subsec. (b) which prohibited
payment of the additional compensation to any veteran
during any period he is in receipt of an increased rate
of subsistence allowance or education and training al-
lowance on account of a dependent or dependents, and
redesignated subsec. (a) as entire section.
1960—Subsec. (a). Pub. L. 86–499 authorized payment
of $12 for each living child in excess of three.
Page 159
TITLE 38—VETERANS’ BENEFITS
§ 1115
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111–37 effective Dec. 1, 2008,
see section 3(g) of Pub. L. 111–37, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–324 effective Dec. 1, 2007,
see section 3(f) of Pub. L. 110–324, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by Pub. L. 109–111 effective Dec. 1, 2005,
see section 2(f) of Pub. L. 109–111, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107–94 effective Dec. 1, 2001,
see section 7 of Pub. L. 107–94, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–118 effective Dec. 1, 1999,
see section 7 of Pub. L. 106–118, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–98 effective Dec. 1, 1997,
see section 7 of Pub. L. 105–98, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Pub. L. 103–140 effective Dec. 1, 1993,
see section 7 of Pub. L. 103–140, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1991 AMENDMENTS
Amendment by Pub. L. 102–152 effective Dec. 1, 1991,
see section 7 of Pub. L. 102–152, set out as a note under
section 1114 of this title.
Amendment by Pub. L. 102–3 effective Jan. 1, 1991, see
section 7 of Pub. L. 102–3, set out as a note under sec-
tion 1114 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Amendment by Pub. L. 101–237 effective Dec. 1, 1989,
see section 106 of Pub. L. 101–237, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–687 effective Dec. 1, 1988,
see section 1106 of Pub. L. 100–687, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–227 effective Dec. 1, 1987,
see section 107 of Pub. L. 100–227, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99–576 effective Dec. 1, 1986,
but not effective unless benefit amounts payable under
section 401 et seq. of Title 42, The Public Health and
Welfare, are increased effective Dec. 1, 1986, as a result
of a determination under section 415(i) of Title 42, see
section 107 of Pub. L. 99–576, set out as a note under sec-
tion 1114 of this title.
Amendment by Pub. L. 99–238 effective Dec. 1, 1985,
see section 107 of Pub. L. 99–238, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1984 AMENDMENTS
Amendment by Pub. L. 98–543 effective Dec. 1, 1984,
see section 107 of Pub. L. 98–543, set out as a note under
section 1114 of this title.
Amendment by Pub. L. 98–223 effective Apr. 1, 1984,
see section 107 of Pub. L. 98–223, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1982 AMENDMENTS
Amendments by section 102 of Pub. L. 97–306 effective
Oct. 1, 1982, see section 108 of Pub. L. 97–306, set out as
a note under section 1114 of this title.
Amendment by section 404(b) of Pub. L. 97–253 effec-
tive Oct. 1, 1982, see section 404(c) of Pub. L. 97–253, set
out as a note under section 1114 of this title.
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 1980 AMENDMENT
Amendment by Pub. L. 96–385 applicable only to pay-
ments for months beginning after Sept. 30, 1980, see sec-
tion 601(a) of Pub. L. 96–385, set out as a note under sec-
tion 1114 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–128 effective Oct. 1, 1979,
see section 601(a)(1) of Pub. L. 96–128, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–479 effective Oct. 1, 1978,
see section 401(a) of Pub. L. 95–479, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–117 effective Oct. 1, 1977,
see section 501 of Pub. L. 95–117, set out as a note under
section 1114 of this title.
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 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. 93–295 effective May 1, 1974,
see section 401 of Pub. L. 93–295, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–328 effective first day of
second calendar month which begins after June 30, 1972,
see section 301(a) of Pub. L. 92–328, set out as a note
under section 1114 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–376 effective July 1, 1970,
see section 9 of Pub. L. 91–376, set out as a note under
section 1114 of this title.
EFFECTIVE DATE OF 1965 AMENDMENTS
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.
Pub. L. 89–137, § 2, Aug. 26, 1965, 79 Stat. 576, provided
that: ‘‘The foregoing provisions of this Act [amending
this section and former section 1504 of this title] shall
become effective on the first day of the second calendar
month which begins following the date of enactment of
this Act [Aug. 26, 1965].’’
EFFECTIVE DATE OF 1960 AMENDMENT
Pub. L. 86–499, § 2, June 8, 1960, 74 Stat. 165, provided
that: ‘‘The amendments made by this Act [amending
this section] shall take effect on the first day of the
Page 160
TITLE 38—VETERANS’ BENEFITS
§ 1116
1 So in original. The comma probably should not appear.
second calendar month which begins after the date of
enactment of this Act [June 8, 1960].’’
REPEAL
Pub. L. 97–253, title IV, § 405(c), Sept. 8, 1982, 96 Stat.
803, cited as a credit to this section, was repealed by
Pub. L. 97–306, §§ 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432,
eff. Oct. 1, 1982.
SAVINGS PROVISION
Pub. L. 89–137, § 1(c), Aug. 26, 1965, 79 Stat. 576, pro-
vided that: ‘‘Any veteran-trainee receiving subsistence
allowance on the date of the enactment of this Act
[Aug. 26, 1965] while pursuing a course of vocational re-
habilitation authorized by chapter 31 of title 38, United
States Code [former section 1501 et seq. of this title],
shall not have such allowance reduced by reason of the
amendments contained in such Act [amending this sec-
tion and former section 1504 of this title].’’
§ 1116. Presumptions of service connection for
diseases associated with exposure to certain
herbicide agents; presumption of exposure
for veterans who served in certain locations
(a)(1) For the purposes of section 1110 of this
title, and subject to section 1113 of this title—
(A) a disease specified in paragraph (2) of
this subsection becoming manifest as specified
in that paragraph in a veteran who performed
covered service; and
(B) each additional disease (if any) that (i)
the Secretary determines in regulations pre-
scribed under this section warrants a presump-
tion of service-connection by reason of having
positive association with exposure to an herbi-
cide agent, and (ii) becomes manifest within
the period (if any) prescribed in such regula-
tions in a veteran who performed covered serv-
ice, and while so serving was exposed to that
herbicide agent,
shall be considered to have been incurred in or
aggravated by such service, notwithstanding
that there is no record of evidence of such dis-
ease during the period of such service.
(2) The diseases referred to in paragraph (1)(A)
of this subsection are the following:
(A)
Non-Hodgkin’s
lymphoma
becoming
manifest to a degree of disability of 10 percent
or more.
(B)
Each
soft-tissue
sarcoma
becoming
manifest to a degree of disability of 10 percent
or
more
other
than
osteosarcoma,
chondrosarcoma, Kaposi’s sarcoma, or meso-
thelioma.
(C) Chloracne or another acneform disease
consistent with chloracne becoming manifest
to a degree of disability of 10 percent or more
within one year after the last date on which
the veteran performed covered service.
(D) Hodgkin’s disease becoming manifest to
a degree of disability of 10 percent or more.
(E) Porphyria cutanea tarda becoming mani-
fest to a degree of disability of 10 percent or
more within a year after the last date on
which the veteran performed covered service.
(F) Respiratory cancers (cancer of the lung,
bronchus, larynx, or trachea) becoming mani-
fest to a degree of disability of 10 percent or
more.
(G) Multiple myeloma becoming manifest to
a degree of disability of 10 percent or more.
(H) Diabetes Mellitus (Type 2).
(I) Parkinsonism.
(J) Bladder cancer.
(K) Hypothyroidism.
(L) Monoclonal gammopathy of undeter-
mined significance.
(M) Hypertension.
(3) For purposes of this section, the term ‘‘her-
bicide agent’’ means a chemical in an herbicide
used in support of the United States and allied
military operations in the Republic of Vietnam
during the period beginning on January 9, 1962,
and ending on May 7, 1975.
(b) The Secretary shall ensure that any deter-
mination made on or after the date of the enact-
ment of the Sergeant First Class Heath Robin-
son Honoring our Promise to Address Com-
prehensive Toxics Act of 2022 regarding a pre-
sumption of service connection based on expo-
sure to an herbicide agent under this section is
made pursuant to subchapter VII of this chap-
ter, including with respect to assessing reports
received by the Secretary from the National
Academy of Sciences under section 3 of the
Agent Orange Act of 1991 (Public Law 102–4).
(c) For purposes of establishing service con-
nection for a disability or death resulting from
exposure to a herbicide agent, including a pre-
sumption of service-connection under this sec-
tion, a veteran who performed covered service,1
shall be presumed to have been exposed during
such service to an herbicide agent containing
dioxin or 2,4-dichlorophenoxyacetic acid, and
may be presumed to have been exposed during
such service to any other chemical compound in
an herbicide agent, unless there is affirmative
evidence to establish that the veteran was not
exposed to any such agent during that service.
(d) In this section, the term ‘‘covered service’’
means active military, naval, air, or space serv-
ice—
(1) performed in the Republic of Vietnam
during the period beginning on January 9, 1962,
and ending on May 7, 1975;
(2) performed in Thailand at any United
States or Royal Thai base during the period
beginning on January 9, 1962, and ending on
June 30, 1976, without regard to where on the
base the veteran was located or what military
job specialty the veteran performed;
(3) performed in Laos during the period be-
ginning on December 1, 1965, and ending on
September 30, 1969;
(4) performed in Cambodia at Mimot or
Krek, Kampong Cham Province during the pe-
riod beginning on April 16, 1969, and ending on
April 30, 1969; or
(5) performed on Guam or American Samoa,
or in the territorial waters thereof, during the
period beginning on January 9, 1962, and end-
ing on July 31, 1980, or served on Johnston
Atoll or on a ship that called at Johnston
Atoll during the period beginning on January
1, 1972, and ending on September 30, 1977.
(Added Pub. L. 102–4, § 2(a)(1), Feb. 6, 1991, 105
Stat. 11, § 316; renumbered § 1116 and amended
Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
406; Pub. L. 103–446, title V, § 505, title XII,
§ 1201(e)(6), Nov. 2, 1994, 108 Stat. 4664, 4685; Pub.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Any veteran entitled to compensation at the rates provided in [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114&num=0&edition=prelim), and whose disability is rated not less than 30 percent, shall be entitled to additional compensation for dependents in the following monthly amounts:
(1) If and while rated totally disabled and—
(A) has a spouse but no child, $150;
(B) has a spouse and one or more children, $259 plus $75 for each child in excess of one;
(C) has no spouse but one or more children, $101 plus $75 for each child in excess of one;
(D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, $120 for each parent so dependent;
(E) notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse who is (i) a patient in a nursing home or (ii) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person, shall be $286 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section; and
(F) notwithstanding the other provisions of this paragraph, the monthly amount payable on account of each child who has attained the age of eighteen years and who is pursuing a course of instruction at an approved educational institution shall be $240 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section.
(2) If and while rated partially disabled, but not less than 30 percent, in an amount having the same ratio to the amount specified in paragraph (1) of this section as the degree of disability bears to total di
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1115
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.