38 U.S.C. § 1121 — Basic entitlement

Page 179 TITLE 38—VETERANS’ BENEFITS § 1121 Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupa- tional or environmental hazards; and (B) includes the Individual Longitudinal Exposure Record, or successor system. (3) The term ‘‘toxic exposure risk activity’’ has the meaning given such term in section 1710(e)(4) of this title. (Added Pub. L. 117–168, title III, § 302, Aug. 10, 2022, 136 Stat. 1777.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Com- prehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117–168, which was approved Aug. 10, 2022. § 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins (a) PRESUMPTION OF SERVICE CONNECTION.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwith- standing that there is no record of evidence of such disease during the period of such service. (b) DISEASES SPECIFIED.—The diseases speci- fied in this subsection are the following: (1) Asthma that was diagnosed after service of the covered veteran as specified in sub- section (c). (2) The following types of cancer: (A) Head cancer of any type. (B) Neck cancer of any type. (C) Respiratory cancer of any type. (D) Gastrointestinal cancer of any type. (E) Reproductive cancer of any type. (F) Lymphoma cancer of any type. (G) Kidney cancer. (H) Brain cancer. (I) Melanoma. (J) Pancreatic cancer. (3) Chronic bronchitis. (4) Chronic obstructive pulmonary disease. (5) Constrictive bronchiolitis or obliterative bronchiolitis. (6) Emphysema. (7) Granulomatous disease. (8) Interstitial lung disease. (9) Pleuritis. (10) Pulmonary fibrosis. (11) Sarcoidosis. (12) Chronic sinusitis. (13) Chronic rhinitis. (14) Glioblastoma. (15) Any other disease for which the Sec- retary determines, pursuant to regulations prescribed under subchapter VII that a pre- sumption of service connection is warranted based on a positive association with a sub- stance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title. (c) COVERED VETERAN DEFINED.—In this sec- tion, the term ‘‘covered veteran’’ has the mean- ing given that term in section 1119(c) of this title. (Added Pub. L. 117–168, title IV, § 406(b), Aug. 10, 2022, 136 Stat. 1784; amended Pub. L. 117–263, div. E, title LI, § 5124(a), Dec. 23, 2022, 136 Stat. 3211.) Editorial Notes AMENDMENTS 2022—Subsec. (b)(2)(G) to (K). Pub. L. 117–263 redesig- nated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: ‘‘Lymphomatic cancer of any type.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–263, div. E, title LI, § 5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: ‘‘The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117–168).’’ EFFECTIVE DATE Pub. L. 117–168, title IV, § 406(d), Aug. 10, 2022, 136 Stat. 1784, provided that: ‘‘The amendments made by this section [enacting this section and amending sec- tion 1113 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and shall apply as follows: ‘‘(1) On the date of the enactment of this Act for claimants for dependency and indemnity compensa- tion under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are— ‘‘(A) terminally ill; ‘‘(B) homeless; ‘‘(C) under extreme financial hardship; ‘‘(D) more than 85 years old; or ‘‘(E) capable of demonstrating other sufficient cause. ‘‘(2) On the date of the enactment of this Act for ev- eryone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I) [now (2)(H)], (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b). ‘‘(3) On October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added. ‘‘(4) On October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), [former] (G), and (K) [now (J)] of sec- tion 1120(b)(2) of such title, as so added. ‘‘(5) On October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) [now (G)] and (J) [now (I)] of section 1120(b)(2) of such title, as so added.’’ SUBCHAPTER III—WARTIME DEATH COMPENSATION § 1121. 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, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates spec- ified in section 1122 of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 321; Pub. L. 92–197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94–433, title IV, § 404(12), Sept. 30, 1976, 90 Stat. Page 180 TITLE 38—VETERANS’ BENEFITS § 1122 1378; renumbered § 1121 and amended 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 321 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1122’’ for ‘‘322’’. 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. 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 1971 AMENDMENT Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title. § 1122. Rates of wartime death compensation (a) The monthly rates of death compensation shall be as follows: (1) Surviving spouse but no child, $87; (2) Surviving spouse with one child, $121 (with $29 for each additional child); (3) No surviving spouse but one child, $67; (4) No surviving spouse but two children, $94 (equally divided); (5) No surviving spouse but three children, $122 (equally divided) (with $23 for each addi- tional child, total amount to be equally di- vided); (6) Dependent parent, $75; (7) Both dependent parents, $40 each. (b) The monthly rate of death compensation payable to a surviving spouse or dependent par- ent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 322; Pub. L. 91–96, § 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91–588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92–197, § 9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93–295, title II, § 204, May 31, 1974, 88 Stat. 183; Pub. L. 94–169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94–432, title IV, § 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94–433, title IV, § 404(13)–(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95–204, title III, § 301, Dec. 2, 1977, 91 Stat. 1459; renumbered § 1122, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 502(3), June 15, 2006, 120 Stat. 415.) Editorial Notes AMENDMENTS 2006—Subsec. (b)(2). 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’’. 1991—Pub. L. 102–83 renumbered section 322 of this title as this section. 1977—Subsec. (b). Pub. L. 95–204 substituted ‘‘$79’’ for ‘‘$74’’. 1976—Subsec. (a). Pub. L. 94–433, § 404(13)–(16), sub- stituted ‘‘Surviving spouse’’ for ‘‘Widow’’ in pars. (1) and (2); ‘‘surviving spouse’’ for ‘‘widow’’ in pars. (3), (4), and (5); ‘‘parent’’ for ‘‘mother or father’’ in par. (6); and ‘‘Both dependent parents’’ for ‘‘Dependent mother and father’’ in par. (7). Subsec. (b). Pub. L. 94–433, § 404(17), substituted ‘‘sur- viving spouse’’ for ‘‘widow’’. Pub. L. 94–432 substituted ‘‘$74’’ for ‘‘$69’’. 1975—Subsec. (b). Pub. L. 94–169 substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ‘‘$69’’ for ‘‘$64’’. 1974—Subsec. (b). Pub. L. 93–295 substituted ‘‘$64’’ for ‘‘$55’’. 1971—Subsec. (b). Pub. L. 92–197 extended benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55. 1970—Subsec. (b). Pub. L. 91–588 substituted ‘‘$55’’ for ‘‘$50’’. 1969—Pub. L. 91–96 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–204, title III, § 302, Dec. 2, 1977, 91 Stat. 1459, provided that: ‘‘The provisions of this Act [see Tables for classification] shall take effect January 1, 1978.’’ EFFECTIVE DATE OF 1976 AMENDMENTS 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. Amendment by Pub. L. 94–432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94–432, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021, as amended by section 101 of Pub. L. 94–432, eff. Sept. 30, 1976, provided that the amendment made by that sec- tion is effective Jan. 1, 1976. 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 1971 AMENDMENT Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91–588, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91–96 effective first day of sec- ond calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91–96, set out as a note under sec- tion 1302 of this title. SUBCHAPTER IV—PEACETIME DISABILITY COMPENSATION § 1131. Basic entitlement For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the ac- tive military, naval, air, or space service, during other than a period of war, the United States