**§3.3 Pension.**

\(a\) *Pension for veterans.*

\(1\) *Service pension; Spanish-American War.* A benefit payable monthly
by the Department of Veterans Affairs because of service in the
Spanish-American War. Basic entitlement exists if a veteran:

\(i\) Had 70 (or 90) days or more active service during the
Spanish-American War; or

\(ii\) Was discharged or released from such service for a disability
adjudged service connected without benefit of presumptive provisions of
law, or at the time of discharge had such a service-connected
disability, shown by official service records, which in medical judgment
would have justified a discharge for disability. (Authority: 38 U.S.C.
1512)

\(2\) *Section 306 pension.* A benefit payable monthly by the Department
of Veterans Affairs because of nonservice-connected disability or age.
Basic entitlement exists if a veteran:

\(i\) Served 90 days or more in either the Mexican border period, World
War I, World War II, the Korean conflict, or the Vietnam era, or served
an aggregate of 90 days or more in separate periods of service during
the same or during different war periods, including service during the
Spanish-American War (Pub. L. 87-101, 75 Stat. 218; Pub. L. 90-77, 81
Stat. 178; Pub. L. 92-198, 85 Stat. 663); or

\(ii\) Served continuously for a period of 90 consecutive days or more
and such period ended during the Mexican border period or World War I,
or began or ended during World War II, the Korean conflict or the
Vietnam era (Pub. L. 87-101, 75 Stat. 218; Pub. L. 88-664, 78 Stat.
1094; Pub. L. 90-77, 81 Stat. 178; Pub. L. 91-588, 84 Stat. 1580; Pub.
L. 92-198, 85 Stat. 663; Pub. L. 94-169, 89 Stat. 1013; Pub. L. 95-204,
91 Stat. 1455); or

\(iii\) Was discharged or released from such wartime service, before
having served 90 days, for a disability adjudged service connected
without the benefit of presumptive provisions of law, or at the time of
discharge had such a service-connected disability, shown by official
service records, which in medical judgment would have justified a
discharge for disability; and

\(iv\) Is permanently and totally disabled (a) from nonservice-connected
disability not due to the veteran's own willful misconduct or vicious
habits, or (b) by reason of having attained the age of 65 years or by
reason of having become unemployable after age 65; and

\(v\) (a) Is in receipt of section 306 pension; or

\(b\) Has an application for pension pending on December 31, 1978, or

\(c\) meets the age or disability requirements for such pension on
December 31, 1978, and files a claim within 1 year of that date and also
within 1 year after meeting the age or disability requirements.

\(vi\) Meets the income and net worth requirements of 38 U.S.C. 1521 and
1522 as in effect on December 31, 1978, and all other provisions of
title 38, United States Code, in effect on December 31, 1978, applicable
to section 306 pension.

**Note**: The pension provisions of Title 38 United States Code, as in
effect on December 31, 1978, are available in any VA regional office.

\(3\) *Improved pension; Pub. L. 95-588 (92 Stat. 2497).* A benefit
payable by the Department of Veterans Affairs to veterans of a period or
periods of war because of nonservice-connected disability or age. The
qualifying periods of war for this benefit are the Mexican border
period, World War I, World War II, the Korean conflict, the Vietnam era
and the Persian Gulf War. Payments are made monthly unless the amount of
the annual benefit is less than 4 percent of the maximum annual rate
payable to a veteran under 38 U.S.C. 1521(b), in which case payments may
be made less frequently than monthly. Basic entitlement exists if a
veteran:

\(i\) Served in the active military naval or air service for 90 days or
more during a period of war (38 U.S.C. 1521(j)); or

\(ii\) Served in the active military, naval or air service during a
period of war and was discharged or released from such service for a
disability adjudged service-connected without presumptive provisions of
law, or at time of discharge had such a service-connected disability,
shown by official service records, which in medical judgment would have
justified a discharge for disability (38 U.S.C. 1521(j)); or

\(iii\) Served in the active military naval or air service for a period
of 90 consecutive days or more and such period began or ended during a
period of war (38 U.S.C. 1521(j)); or

\(iv\) Served in the active military, naval or air service for an
aggregate of 90 days or more in two or more separate periods of service
during more than one period of war (38 U.S.C. 1521(j)); and

\(v\) Meets the net worth requirements under §3.274 and does not have an
annual income in excess of the applicable maximum annual pension rate
specified in §3.23; and

\(vi\) (A) Is age 65 or older; or

\(B\) Is permanently and totally disabled from nonservice-connected
disability not due to the veteran's own willful misconduct. For purposes
of this paragraph, a veteran is considered permanently and totally
disabled if the veteran is any of the following:

(*1*) A patient in a nursing home for long-term care because of
disability; or

(*2*) Disabled, as determined by the Commissioner of Social Security for
purposes of any benefits administered by the Commissioner; or

(*3*) Unemployable as a result of disability reasonably certain to
continue throughout the life of the person; or

(*4*) Suffering from:

(*i*) Any disability which is sufficient to render it impossible for the
average person to follow a substantially gainful occupation, but only if
it is reasonably certain that such disability will continue throughout
the life of the person; or

(*ii*) Any disease or disorder determined by VA to be of such a nature
or extent as to justify a determination that persons suffering from that
disease or disorder are permanently and totally disabled. (Authority: 38
U.S.C. 1502(a), 1513, 1521, 1522)

\(b\) *Pension for survivors.*

\(1\) *Indian war death pension.* A monthly benefit payable by the
Department of Veterans Affairs to the surviving spouse or child of a
deceased veteran of an Indian war. Basic entitlement exists if a veteran
had qualifying service as specified in 38 U.S.C. 1511. Indian war death
pension rates are set forth in 38 U.S.C. 1534 and 1535.

\(2\) *Spanish-American War death pension.* A monthly benefit payable by
the Department of Veterans Affairs to the surviving spouse or child of a
deceased veteran of the Spanish-American War, if the veteran:

\(i\) Had 90 days or more active service during the Spanish-American
War; or

\(ii\) Was discharged or released from such service for a disability
service-connected without benefit of presumptive provisions of law, or
at time of discharge had such a service-connected disability, as shown
by official service records, which in medical judgment would have
justified a discharge for disability. (Authority: 38 U.S.C. 1536, 1537)

\(3\) *Section 306 death pension*. A monthly benefit payable by the
Department of Veterans Affairs to a surviving spouse or child because of
a veteran's nonservice-connected death. Basic entitlement exists if:

\(i\) The veteran (as defined in §3.1(d) and (d)(2)) had qualifying
service as specified in paragraph (a)(2)(i), (ii), or (iii) of this
section; or

\(ii\) The veteran was, at time of death, receiving or entitled to
receive compensation or retired pay for service-connected disability
based on wartime service; and

\(iii\) The surviving spouse or child (A) was in receipt of section 306
pension on December 31, 1978, or (B) had a claim for pension pending on
that date, or (C) filed a claim for pension after that date but within 1
year after the veteran's death, if the veteran died before January 1,
1979; and

\(iv\) The surviving spouse or child meets the income and net worth
requirements of 38 U.S.C. 1541, 1542 or 1543 as in effect on December
31, 1978, and all other provisions of title 38, United States Code in
effect on December 31, 1978, applicable to section 306 pension.

**Note:** The pension provisions of title 38, United States Code, as in
effect on December 31, 1978, are available in any VA regional office.)

\(4\) *Improved death pension, Public Law 95-588*. A benefit payable by
the Department of Veterans Affairs to a veteran's surviving spouse or
child because of the veteran's nonservice-connected death. Payments are
made monthly unless the amount of the annual benefit is less than 4
percent of the maximum annual rate payable to a veteran under 38 U.S.C.
1521(b), in which case payments may be made less frequently than
monthly. Basic entitlement exists if:

\(i\) The veteran (as defined in §3.1(d) and (d)(2)) had qualifying
service as specified in paragraph (a)(3)(i), (ii), (iii), or (iv) of
this section (38 U.S.C. 1541(a)); or

\(ii\) The veteran was, at time of death, receiving or entitled to
receive compensation or retired pay for a service-connected disability
based on service during a period of war. (The qualifying periods of war
are specified in paragraph (a)(3) of this section.) (38 U.S.C. 1541(a));
and

\(iii\) The surviving spouse or child meets the net worth requirements
of §3.274 and has an annual income not in excess of the applicable
maximum annual pension rate specified in §§3.23 and 3.24. (Authority: 38
U.S.C. 1541 and 542).

\[44 FR 45931, Aug. 6, 1979, as amended at 56 FR 25044, June 3, 1991; 56
FR 19579, Apr. 29, 1991; 56 FR 22910, May 17, 1991; 56 FR 57985, Nov.
15, 1991; 68 FR 34541, June 10, 2003\]

**Cross references**: Section 306 pension. See §3.1(u). Improved
pension. See §3.1(w). Improved pension rates. See §3.23. Improved
pension rates; surviving children. See §3.24. Frequency of payment of
improved pension. See §3.30. Relationship of net worth to pension
entitlement. See §3.274.

**Supplement *Highlights* reference**: 57(1)