38 U.S.C. § 1304 — Special provisions relating to surviving

Page 207 TITLE 38—VETERANS’ BENEFITS § 1305 1966—Subsec. (d). Pub. L. 89–622 substituted ‘‘any sub- sequent discharge or release from active duty was under conditions other than dishonorable’’ for ‘‘was so serving in such rank within one hundred and twenty days before death in the active military, naval, or air service or before last discharge or release from active duty under conditions other than dishonorable’’. 1960—Subsec. (d). Pub. L. 86–492 added subsec. (d). 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 Pub. L. 92–169, § 3, Nov. 24, 1971, 85 Stat. 489, provided that: ‘‘For the purposes of chapter 13 of title 38, United States Code, this Act [amending this section and sec- tion 552 of Title 37, Pay and Allowances of the Uni- formed Services] becomes effective upon the date of en- actment [Nov. 24, 1971]. For all other purposes this Act becomes effective as of February 28, 1961.’’ EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91–96, § 8, Oct. 27, 1969, 83 Stat. 146, provided that: ‘‘This Act [amending this section and sections 322 [now 1122], 401 [now 1301], 403, 411 [now 1311], and 421 [now 1321] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment [Oct. 27, 1969].’’ EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–622, § 2, Oct. 4, 1966, 80 Stat. 873, provided that: ‘‘The amendment made by this Act [amending this section] shall take effect on the first day of the second calendar month after the date of enactment of this Act [Oct. 4, 1966].’’ § 1303. Cost-of-living adjustments (a) In the computation of cost-of-living adjust- ments for fiscal years 1998 through 2013 in the rates of dependency and indemnity compensa- tion payable under this chapter, such adjust- ments (except as provided in subsection (b)) shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates (other than increased rates equal to a whole dollar amount) rounded down to the next lower whole dollar amount. (b) For purposes of this section, the term ‘‘so- cial security increase’’ means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a de- termination under section 215(i) of such Act (42 U.S.C. 415(i)). (Added Pub. L. 105–33, title VIII, § 8031(b)(1), Aug. 5, 1997, 111 Stat. 668; amended Pub. L. 107–103, title II, § 205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108–183, title VII, § 706, Dec. 16, 2003, 117 Stat. 2672.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2003—Subsec. (a). Pub. L. 108–183 substituted ‘‘2013’’ for ‘‘2011’’. 2001—Subsec. (a). Pub. L. 107–103 substituted ‘‘2011’’ for ‘‘2002’’. § 1304. Special provisions relating to surviving spouses No dependency and indemnity compensation shall be paid to the surviving spouse of a vet- eran dying after December 31, 1956, unless such surviving spouse was married to such veteran— (1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggra- vated; or (2) for one year or more; or (3) for any period of time if a child was born of the marriage, or was born to them before the marriage. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 404; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1304, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 404 of this title as this section. 1976—Pub. L. 94–433, § 405(4), (5), substituted ‘‘sur- viving spouse’’, ‘‘such surviving spouse’’, and ‘‘such veteran’’ for ‘‘widow’’, ‘‘she’’, and ‘‘him’’, respectively, in introductory clause and ‘‘surviving spouses’’ for ‘‘widows’’ in section catchline. 1967—Pub. L. 90–77 qualified widow of a veteran for re- ceipt of compensation by reducing in par. (2) the req- uisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. 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 1967 AMENDMENT Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title. § 1305. Reevaluation of dependency and indem- nity compensation determinations pursuant to changes in presumptions of service con- nection (a) REEVALUATION.—Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a pre- sumption of service connection, the Secretary shall— (1) identify all claims for dependency and in- demnity compensation under this chapter that— (A) were submitted to the Secretary; (B) were evaluated and denied by the Sec- retary before the date on which such provi- sion of law went into effect; and