38 U.S.C. § 1141 — Basic entitlement

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. Page 183 TITLE 38—VETERANS’ BENEFITS § 1151 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. § 1142. Rates of peacetime death compensation For the purposes of section 1141 of this title, the monthly rates of death compensation pay- able shall be those specified in section 1122 of this title. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 342; Pub. L. 93–295, title II, § 206(a), May 31, 1974, 88 Stat. 183; renumbered § 1142 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 342 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1141’’ for ‘‘341’’ and ‘‘1122’’ for ‘‘322’’. 1974—Pub. L. 93–295 substituted ‘‘those specified in section 322 of this title’’ for ‘‘equal to 80 per centum of the rates prescribed by section 322 of this title, ad- justed upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar’’. 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. [§ 1143. 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 343 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, which pre- scribed conditions under which wartime rates of com- pensation were payable, was repealed by Pub. L. 93–295, title II, § 206(b), title IV, § 401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974. SUBCHAPTER VI—GENERAL COMPENSATION PROVISIONS § 1151. Benefits for persons disabled by treat- ment or vocational rehabilitation (a) Compensation under this chapter and de- pendency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-con- nected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran’s willful mis- conduct and— (1) the disability or death was caused by hos- pital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department fa- cility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was— (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or sur- gical treatment, or examination; or (B) an event not reasonably foreseeable; or (2) the disability or death was proximately caused (A) by the provision of training and re- habilitation services by the Secretary (includ- ing by a service-provider used by the Sec- retary for such purpose under section 3115 of this title) as part of an approved rehabilita- tion program under chapter 31 of this title, or (B) by participation in a program (known as a ‘‘compensated work therapy program’’) under section 1718 of this title. (b)(1) Where an individual is, on or after De- cember 1, 1962, awarded a judgment against the United States in a civil action brought pursuant to section 1346(b) of title 28 or, on or after De- cember 1, 1962, enters into a settlement or com- promise under section 2672 or 2677 of title 28 by reason of a disability or death treated pursuant to this section as if it were service-connected, then (except as otherwise provided in paragraph (2)) no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on ac- count of such disability or death becomes final until the aggregate amount of benefits which would be paid but for this subsection equals the total amount included in such judgment, settle- ment, or compromise. (2) In the case of a judgment, settlement, or compromise covered by paragraph (1) that be- comes final on or after the date of the enact- ment of this paragraph and that includes an amount that is specifically designated for a pur- pose for which benefits are provided under chap- ter 21 or 39 of this title (hereinafter in this para- graph referred to as the ‘‘offset amount’’), if such judgment, settlement, or compromise be- comes final before the date of the award of bene- fits under chapter 21 or 39 for the purpose for which the offset amount was specifically des- ignated— (A) the amount of such award shall be re- duced by the offset amount; and (B) if the offset amount is greater than the amount of such award, the excess amount re- ceived pursuant to the judgment, settlement or compromise, shall be offset against benefits otherwise payable under this chapter. (c) A qualifying additional disability under this section shall be treated in the same manner as if it were a service-connected disability for purposes of the following provisions of this title: (1) Chapter 21, relating to specially adapted housing. (2) Chapter 39, relating to automobiles and adaptive equipment. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 351; Pub. L. 87–825, § 3, Oct. 15, 1962, 76 Stat. 950; Pub.