-CITE-
    38 USC CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED
           DISABILITY OR DEATH                             01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

-HEAD-
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    1101.       Definitions.                                          
    1102.       Special provisions relating to surviving spouses.     
    1103.       Special provisions relating to claims based upon
                 effects of tobacco products.                         
    1104.       Cost-of-living adjustments.                           

              SUBCHAPTER II - WARTIME DISABILITY COMPENSATION          
    1110.       Basic entitlement.                                    
    1111.       Presumption of sound condition.                       
    1112.       Presumptions relating to certain diseases and
                 disabilities.                                        
    1113.       Presumptions rebuttable.                              
    1114.       Rates of wartime disability compensation.             
    1115.       Additional compensation for dependents.               
    1116.       Presumptions of service connection for diseases
                 associated with exposure to certain herbicide agents;
                 presumption of exposure for veterans who served in
                 the Republic of Vietnam.                             
    1117.       Compensation for disabilities occurring in Persian
                 Gulf War veterans.                                   
    1118.       Presumptions of service connection for illnesses
                 associated with service in the Persian Gulf during
                 the Persian Gulf War.                                

                SUBCHAPTER III - WARTIME DEATH COMPENSATION            
    1121.       Basic entitlement.                                    
    1122.       Rates of wartime death compensation.                  

             SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION         
    1131.       Basic entitlement.                                    
    1132.       Presumption of sound condition.                       
    1133.       Presumptions relating to certain diseases.            
    1134.       Rates of peacetime disability compensation.           
    1135.       Additional compensation for dependents.               
    1137.       Wartime presumptions for certain veterans.            

                SUBCHAPTER V - PEACETIME DEATH COMPENSATION            
    1141.       Basic entitlement.                                    
    1142.       Rates of peacetime death compensation.                

              SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS          
    1151.       Benefits for persons disabled by treatment or
                 vocational rehabilitation.                           
    1152.       Persons heretofore having a compensable status.       
    1153.       Aggravation.                                          
    1154.       Consideration to be accorded time, place, and
                 circumstances of service.                            
    1155.       Authority for schedule for rating disabilities.       
    1157.       Combination of certain ratings.                       
    1158.       Disappearance.                                        
    1159.       Protection of service connection.                     
    1160.       Special consideration for certain cases of loss of
                 paired organs or extremities.                        
    1161.       Payment of disability compensation in disability
                 severance cases.                                     
    1162.       Clothing allowance.                                   
    1163.       Trial work periods and vocational rehabilitation for
                 certain veterans with total disability ratings.      

                                AMENDMENTS                            
      2001 - Pub. L. 107-103, title II, Sec. 201(c)(2)(B), Dec. 27,
    2001, 115 Stat. 988, substituted "Presumptions of service
    connection for diseases associated with exposure to certain
    herbicide agents; presumption of exposure for veterans who served
    in the Republic of Vietnam" for "Presumptions of service connection
    for diseases associated with exposure to certain herbicide agents"
    in item 1116.
      1998 - Pub. L. 105-368, title X, Sec. 1005(a), Nov. 11, 1998, 112
    Stat. 3364, renumbered item 1103 "Cost-of-living adjustments" as
    1104.
      Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(2), Oct. 21,
    1998, 112 Stat. 2681-744, added item 1118.
      Pub. L. 105-178, title VIII, Sec. 8202(a)(2), as added by Pub. L.
    105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865,
    added item 1103 "Special provisions relating to claims based upon
    effects of tobacco products".
      1997 - Pub. L. 105-33, title VIII, Sec. 8031(a)(2), Aug. 5, 1997,
    111 Stat. 668, added item 1103 "Cost-of-living adjustments".
      1994 - Pub. L. 103-446, title I, Sec. 106(a)(2), Nov. 2, 1994,
    108 Stat. 4651, added item 1117.
      1992 - Pub. L. 102-568, title IV, Sec. 401(d)(2), Oct. 29, 1992,
    106 Stat. 4336, substituted "Trial work periods and vocational
    rehabilitation for certain veterans with total disability ratings"
    for "Temporary program for trial work periods and vocational
    rehabilitation for certain veterans with total disability ratings"
    in item 1163.
      1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
    renumbered items 301 to 363 as 1101 to 1163, respectively.
      Pub. L. 102-4, Sec. 2(a)(2), Feb. 6, 1991, 105 Stat. 13, added
    item 316.
      1986 - Pub. L. 99-576, title I, Sec. 109(a)(2), Oct. 28, 1986,
    100 Stat. 3253, amended item 360 generally, substituting "loss of
    paired organs or extremities" for "blindness or bilateral kidney
    involvement or bilateral deafness".
      1984 - Pub. L. 98-543, title I, Sec. 111(a)(2), Oct. 24, 1984, 98
    Stat. 2739, added item 363.
      1982 - Pub. L. 97-295, Sec. 4(9), Oct. 12, 1982, 96 Stat. 1305,
    added item 361.
      1976 - Pub. L. 94-433, title IV, Secs. 401(1), 404(5), Sept. 30,
    1976, 90 Stat. 1377, 1378, substituted "surviving spouses" for
    "widows" in item 302 and struck out item 356 "Minimum rating for
    arrested tuberculosis".
      1974 - Pub. L. 93-295, title II, Sec. 206(c), May 31, 1974, 88
    Stat. 183, struck out item 343 "Conditions under which wartime
    rates payable".
      1972 - Pub. L. 92-328, title I, Secs. 103(b), 108(d), June 30,
    1972, 86 Stat. 394, 396, struck out item 336 "Conditions under
    which wartime rates payable" and added item 362.
      1970 - Pub. L. 91-376, Sec. 3(c), Aug. 12, 1970, 84 Stat. 789,
    inserted reference to disabilities in item 312.
      1966 - Pub. L. 89-358, Sec. 7(b), Mar. 3, 1966, 80 Stat. 27,
    added item 337.
      1965 - Pub. L. 89-311, Sec. 3(c), Oct. 31, 1965, 79 Stat. 1155,
    inserted reference to bilateral deafness in item 360.
      1962 - Pub. L. 87-610, Sec. 2, Aug. 28, 1962, 76 Stat. 406, added
    item 360.
      1960 - Pub. L. 86-501, Sec. 2, June 10, 1960, 74 Stat. 195, added
    item 359.

-End-

-CITE-
    38 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-

-CITE-
    38 USC Sec. 1101                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 1101. Definitions

-STATUTE-
      For the purposes of this chapter - 
      (1) The term "veteran" includes a person who died in the active
    military, naval, or air service.
      (2) The term "period of war" includes, in the case of any veteran
    - 
        (A) any period of service performed by such veteran after
      November 11, 1918, and before July 2, 1921, if such veteran
      served in the active military, naval, or air service after April
      5, 1917, and before November 12, 1918; and
        (B) any period of continuous service performed by such veteran
      after December 31, 1946, and before July 26, 1947, if such period
      began before January 1, 1947.

      (3) The term "chronic disease" includes - 
         Anemia, primary
         Arteriosclerosis
         Arthritis
         Atrophy, progressive muscular
         Brain hemorrhage
         Brain thrombosis
         Bronchiectasis
         Calculi of the kidney, bladder, or gallbladder
         Cardiovascular-renal disease, including hypertension
         Cirrhosis of the liver
         Coccidioidomycosis
         Diabetes mellitus
         Encephalitis lethargica residuals
         Endocarditis
         Endocrinopathies
         Epilepsies
         Hansen's disease
         Hodgkin's disease
         Leukemia
         Lupus erythematosus, systemic
         Myasthenia gravis
         Myelitis
         Myocarditis
         Nephritis
         Organic diseases of the nervous system
         Osteitis deformans (Paget's disease)
         Osteomalacia
         Palsy, bulbar
         Paralysis agitans
         Psychoses
         Purpura idiopathic, hemorrhagic
         Raynaud's disease
         Sarcoidosis
         Scleroderma
         Sclerosis, amyotrophic lateral
         Sclerosis, multiple
         Syringomyelia
         Thromboangiitis obliterans (Buerger's disease)
         Tuberculosis, active
         Tumors, malignant, or of the brain or spinal cord or
          peripheral nerves
         Ulcers, peptic (gastric or duodenal)

    and such other chronic diseases as the Secretary may add to this
    list.
      (4) The term "tropical disease" includes - 
         Amebiasis
         Blackwater fever
         Cholera
         Dracontiasis
         Dysentery
         Filiariasis
         Hansen's disease
         Leishmaniasis, including kala-azar
         Loiasis
         Malaria
         Onchocerciasis
         Oroya fever
         Pinta
         Plague
         Schistosomiasis
         Yaws
         Yellow fever

    and such other tropical diseases as the Secretary may add to this
    list.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1118, Sec. 301; Pub. L. 94-
    433, title IV, Secs. 401(2), (3), 404(1), Sept. 30, 1976, 90 Stat.
    1377, 1378; Pub. L. 98-160, title VII, Sec. 702(2), Nov. 21, 1983,
    97 Stat. 1009; Pub. L. 100-322, title III, Sec. 313, May 20, 1988,
    102 Stat. 535; renumbered Sec. 1101 and amended Pub. L. 102-83,
    Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 301 of this
    title as this section.
      Pars. (3), (4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      1988 - Par. (3). Pub. L. 100-322 inserted "Lupus erythematosus,
    systemic" after "Leukemia".
      1983 - Par. (3). Pub. L. 98-160 substituted a period for the
    semicolon at end of paragraph following "may add to this list".
      1976 - Par. (2)(A), (B). Pub. L. 94-433, Sec. 404(1), substituted
    "such veteran" for "him" in subpars. (A) and (B).
      Par. (3). Pub. L. 94-433, Sec. 401(2), substituted "Hansen's
    disease" for "Leprosy".
      Par. (4). Pub. L. 94-433, Sec. 401(3), inserted "Hansen's
    disease" after "Filiariasis" and struck out "Leprosy" before
    "Loiasis".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 406 of Pub. L. 94-433 provided that: "The provisions of
    this Act [see Tables for classification] shall become effective on
    October 1, 1976."

                    EFFECTIVE DATE OF FUTURE INCREASES                
      Pub. L. 98-223, title I, Sec. 108, Mar. 2, 1984, 98 Stat. 40,
    provided that: "It is the sense of the Congress that any increase
    provided by law to take effect after fiscal year 1984 in the rates
    of disability compensation and dependency and indemnity
    compensation payable under chapters 11 and 13, respectively, of
    title 38, United States Code, shall take effect on December 1 of
    the fiscal year involved and that the budgets for any such fiscal
    year include amounts to achieve such purpose."
      [Section 108 of 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.]

                 VETERANS' DISABILITY BENEFITS COMMISSION             
      Pub. L. 108-136, div. A, title XV, Nov. 24, 2003, 117 Stat. 1676,
    as amended by Pub. L. 109-163, div. A, title V, Sec. 590, Jan. 6,
    2006, 119 Stat. 3279, provided that:

      "SEC. 1501. ESTABLISHMENT OF COMMISSION.
      "(a) Establishment of Commission. - There is hereby established a
    commission to be known as the Veterans' Disability Benefits
    Commission (hereinafter in this title referred to as the
    'commission').
      "(b) Membership. - (1) The commission shall be composed of 13
    members, appointed as follows:
        "(A) Two members appointed by the Speaker of the House of
      Representatives, at least one of whom shall be a veteran who was
      awarded a decoration specified in paragraph (2).
        "(B) Two members appointed by the minority leader of the House
      of Representatives, at least one of whom shall be a veteran who
      was awarded a decoration specified in paragraph (2).
        "(C) Two members appointed by the majority leader of the
      Senate, at least one of whom shall be a veteran who was awarded a
      decoration specified in paragraph (2).
        "(D) Two members appointed by the minority leader of the
      Senate, at least one of whom shall be a veteran who was awarded a
      decoration specified in paragraph (2).
        "(E) Five members appointed by the President, at least three of
      whom shall be veterans who were awarded a decoration specified in
      paragraph (2).
      "(2) A decoration specified in this paragraph is any of the
    following:
        "(A) The Medal of Honor.
        "(B) The Distinguished Service Cross, the Navy Cross, or the
      Air Force Cross.
        "(C) The Silver Star.
      "(3) A vacancy in the Commission shall be filled in the manner in
    which the original appointment was made.
      "(4) The appointment of members of the commission under this
    subsection shall be made not later than 60 days after the date of
    the enactment of this Act [Nov. 24, 2003].
      "(c) Period of Appointment. - Members of the commission shall be
    appointed for the life of the commission. A vacancy in the
    commission shall not affect its powers.
      "(d) Initial Meeting. - The commission shall hold its first
    meeting not later than 30 days after the date on which a majority
    of the members of the commission have been appointed.
      "(e) Meetings. - The commission shall meet at the call of the
    chairman.
      "(f) Quorum. - A majority of the members of the commission shall
    constitute a quorum, but a lesser number may hold hearings.
      "(g) Chairman. - The President shall designate a member of the
    commission to be chairman of the commission.

      "SEC. 1502. DUTIES OF THE COMMISSION.
      "(a) Study. - The commission shall carry out a study of the
    benefits under the laws of the United States that are provided to
    compensate and assist veterans and their survivors for disabilities
    and deaths attributable to military service.
      "(b) Scope of Study. - In carrying out the study, the commission
    shall examine and make recommendations concerning the following:
        "(1) The appropriateness of such benefits under the laws in
      effect on the date of the enactment of this Act [Nov. 24, 2003].
        "(2) The appropriateness of the level of such benefits.
        "(3) The appropriate standard or standards for determining
      whether a disability or death of a veteran should be compensated.
      "(c) Contents of Study. - The study to be carried out by the
    commission under this section shall be a comprehensive evaluation
    and assessment of the benefits provided under the laws of the
    United States to compensate veterans and their survivors for
    disability or death attributable to military service, together with
    any related issues that the commission determines are relevant to
    the purposes of the study. The study shall include an evaluation
    and assessment of the following:
        "(1) The laws and regulations which determine eligibility for
      disability and death benefits, and other assistance for veterans
      and their survivors.
        "(2) The rates of such compensation, including the
      appropriateness of a schedule for rating disabilities based on
      average impairment of earning capacity.
        "(3) Comparable disability benefits provided to individuals by
      the Federal Government, State governments, and the private
      sector.
      "(d) Consultation With Institute of Medicine. - In carrying out
    the study under this section, the commission shall consult with the
    Institute of Medicine of the National Academy of Sciences with
    respect to the medical aspects of contemporary disability
    compensation policies.

      "SEC. 1503. REPORT.
      "Not later than October 1, 2007, the commission shall submit to
    the President and Congress a report on the study. The report shall
    include the following:
        "(1) The findings and conclusions of the commission, including
      its findings and conclusions with respect to the matters referred
      to in section 1502(c).
        "(2) The recommendations of the commission for revising the
      benefits provided by the United States to veterans and their
      survivors for disability and death attributable to military
      service.
        "(3) Other information and recommendations with respect to such
      benefits as the commission considers appropriate.

      "SEC. 1504. POWERS OF THE COMMISSION.
      "(a) Hearings. - The commission may hold such hearings, sit and
    act at such times and places, take such testimony, and receive such
    evidence as the commission considers advisable to carry out the
    purposes of this title.
      "(b) Information From Federal Agencies. - In addition to the
    information referred to in section 1502(c), the commission may
    secure directly from any Federal department or agency such
    information as the commission considers necessary to carry out the
    provisions of this title. Upon request of the chairman of the
    commission, the head of such department or agency shall furnish
    such information to the commission.
      "(c) Postal Services. - The commission may use the United States
    mails in the same manner and under the same conditions as other
    departments and agencies of the Federal Government.
      "(d) Gifts. - The commission may accept, use, and dispose of
    gifts or donations of services or property.

      "SEC. 1505. PERSONNEL MATTERS.
      "(a) Compensation of Members. - Each member of the commission who
    is not an officer or employee of the United States shall be
    compensated at a rate equal to the daily equivalent of the annual
    rate of basic pay prescribed for level IV of the Executive Schedule
    under section 5315 of title 5, United States Code, for each day
    (including travel time) during which the member is engaged in the
    performance of the duties of the commission. All members of the
    commission who are officers or employees of the United States shall
    serve without compensation in addition to that received for their
    services as officers or employees of the United States.
      "(b) Travel Expenses. - The members of the commission shall be
    allowed travel expenses, including per diem in lieu of subsistence,
    at rates authorized for employees of agencies under subchapter I of
    chapter 57 of title 5, United States Code, while away from their
    homes or regular places of business in the performance of services
    for the commission.
      "(c) Staff. - (1) The chairman of the commission may, without
    regard to the civil service laws and regulations, appoint an
    executive director and such other personnel as may be necessary to
    enable the commission to perform its duties. The appointment of an
    executive director shall be subject to approval by the commission.
      "(2) The chairman of the commission may fix the compensation of
    the executive director and other personnel without regard to the
    provisions of chapter 51 and subchapter III of chapter 53 of title
    5, United States Code, relating to classification of positions and
    General Schedule pay rates, except that the rate of pay for the
    executive director and other personnel may not exceed the rate
    payable for level V of the Executive Schedule under section 5316 of
    such title.
      "(d) Detail of Government Employees. - Upon request of the
    chairman of the commission, the head of any Federal department or
    agency may detail, on a nonreimbursable basis, any personnel of
    that department or agency to the commission to assist it in
    carrying out its duties.
      "(e) Procurement of Temporary and Intermittent Services. - The
    chairman of the commission may procure temporary and intermittent
    services under section 3109(b) of title 5, United States Code, at
    rates for individuals which do not exceed the daily equivalent of
    the annual rate of basic pay prescribed for level V of the
    Executive Schedule under section 5316 of such title.

      "SEC. 1506. TERMINATION OF COMMISSION.
      "The commission shall terminate 60 days after the date on which
    the commission submits its report under section 1503.

      "SEC. 1507. FUNDING.
      "(a) In General. - The Secretary of Veterans Affairs shall, upon
    the request of the chairman of the commission, make available to
    the commission such amounts as the commission may require to carry
    out its duties under this title.
      "(b) Availability. - Any sums made available to the commission
    under subsection (a) shall remain available, without fiscal year
    limitation, until the termination of the commission."

       TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR PURPOSES OF
                            NEED-BASED BENEFITS
      Pub. L. 103-446, title V, Sec. 506, Nov. 2, 1994, 108 Stat. 4664,
    provided that: "Any receipt by an individual from a Native
    Corporation under the Alaska Native Claims Settlement Act (43
    U.S.C. 1601 et seq.) of cash, stock, land, or other interests
    referred to in subparagraphs (A) through (E) of section 29(c) of
    that Act (43 U.S.C. 1626(c)) (whether such receipt is attributable
    to the disposition of real property, profits from the operation of
    real property, or otherwise) shall not be countable as income for
    purposes of any law administered by the Secretary of Veterans
    Affairs."

              COST-OF-LIVING INCREASES IN COMPENSATION RATES          
      Pub. L. 103-446, title I, Sec. 111(b), Nov. 2, 1994, 108 Stat.
    4654, provided that: "The fiscal year 1995 cost-of-living
    adjustments in the rates of and limitations for compensation
    payable under chapter 11 of title 38, United States Code, and of
    dependency and indemnity compensation payable under chapter 13 of
    such title will be no more than a percentage equal to the
    percentage by which benefit amounts payable under title II of the
    Social Security Act (42 U.S.C. 401 et seq.) are increased effective
    December 1, 1994, as a result of a determination under section
    215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly
    rates and limitations (other than increased rates or limitations
    equal to a whole dollar amount) rounded down to the next lower
    dollar."
      Pub. L. 103-66, title XII, Sec. 12008, Aug. 10, 1993, 107 Stat.
    415, provided that:
      "(a) Policy. - The fiscal year 1994 cost-of-living adjustments in
    the rates of and limitations for compensation payable under chapter
    11 of title 38, United States Code, and of dependency and indemnity
    compensation payable under chapter 13 of such title, except as
    provided in subsection (b) of this section, will be no more than a
    percentage equal to the percentage by which benefit amounts payable
    under title II of the Social Security Act (42 U.S.C. 401 et seq.)
    are increased effective December 1, 1993, as a result of a
    determination under section 215(i) of such Act (42 U.S.C. 415(i)),
    with all increased monthly rates and limitations (other than
    increased rates or limitations equal to a whole dollar amount)
    rounded down to the next lower dollar.
      "(b) Limitation on Fiscal Year 1994 Cost-of-Living Adjustment for
    Certain DIC Recipients. - (1) During fiscal year 1994, the amount
    of any increase in any of the rates of dependency and indemnity
    compensation in effect under section 1311(a)(3) of title 38, United
    States Code, will not exceed 50 percent of the new law increase,
    rounded down (if not an even dollar amount) to the next lower
    dollar.
      "(2) For purposes of paragraph (1), the new law increase is the
    amount by which the rate of dependency and indemnity compensation
    provided for recipients under section 1311(a)(1) of such title is
    increased for fiscal year 1994."
      Pub. L. 101-508, title VIII, Sec. 8005, Nov. 5, 1990, 104 Stat.
    1388-343, provided that:
      "(a) Policy Regarding Fiscal Year 1991. - The fiscal year 1991
    cost-of-living adjustments in the rates of compensation payable
    under chapter 11 of title 38, United States Code, and of the
    dependency and indemnity compensation payable under chapter 13 of
    such title will be no more than a 5.4 percent increase, with all
    increased monthly rates rounded down to the next lower dollar. The
    effective date for such adjustments will not be earlier than
    January 1, 1991.
      "(b) Increase Payable as of January 1992. - The amount of
    compensation or dependency and indemnity compensation payable to
    any individual for the month of January 1992 who is entitled to
    such benefits as of January 1, 1992, shall be increased for such
    month by the amount equal to the amount of the monthly increase
    provided for that individual's benefit level as of January 1, 1991,
    pursuant to the adjustments described in subsection (a)."

     BENEFITS AND SERVICES FOR FORMER PRISONERS OF WAR; IMPLEMENTATION
        OF PROGRAMS; RECORDS FOR DISPOSITION OF CLAIMS; DEFINITION
      Pub. L. 97-37, Sec. 6, Aug. 14, 1981, 95 Stat. 937, provided
    that:
      "(a) Not later than ninety days after the date of the enactment
    of this Act [Aug. 14, 1981] and at appropriate times thereafter,
    the Administrator shall, to the maximum extent feasible and in
    order to carry out the requirements of the veterans outreach
    services program under subchapter IV of [former] chapter 3 of title
    38, United States Code, seek out former prisoners of war and
    provide them with information regarding applicable changes in law,
    regulations, policies, guidelines, or other directives affecting
    the benefits and services to which former prisoners of war are
    entitled under such title by virtue of the amendments made by this
    Act [see Tables for classification].
      "(b)(1) The Administrator shall, for not less than the three-year
    period beginning ninety days after the date of the enactment of
    this Act [Aug. 14, 1981], maintain a centralized record showing all
    claims for benefits under chapter 11 of such title that are
    submitted by former prisoners of war and the disposition of such
    claims.
      "(2) Not later than ninety days after the end of the three-year
    period described in paragraph (1), the Administrator shall, after
    consulting with and receiving the views of the Advisory Committee
    on Former Prisoners of War required to be established pursuant to
    section 221 [see 541] of such title, submit a report on the results
    of the disposition of claims described in such paragraph, together
    with any comments or recommendations that the Administrator may
    have, to the appropriate committees of Congress. The Administrator
    may also submit to such committees interim reports on such results.
      "(c) For the purposes of this section, the term "former prisoner
    of war" has the meaning given such term in paragraph (32) of
    section 101 of title 38, United States Code (as added by section
    3(a) of this Act)."

     STUDY ON DISABILITY COMPENSATION AND HEALTH-CARE NEEDS OF FORMER
            PRISONERS OF WAR; REPORT TO PRESIDENT AND CONGRESS
      Pub. L. 95-479, title III, Sec. 305, Oct. 18, 1978, 92 Stat.
    1565, directed Administrator of Veterans' Affairs, in consultation
    with Secretary of Defense, to carry out a comprehensive study of
    disability compensation awarded to, and health care needs of
    veterans who are former prisoners of war and to submit a report on
    results of such study to Congress and President not later than Feb.
    1, 1980.

                 AMPUTEES, CARDIOVASCULAR DISORDERS; STUDY             
      Section 403 of Pub. L. 94-433 directed Administrator to conduct a
    scientific study to determine if there is causal relationship
    between amputation of an extremity and subsequent development of
    cardiovascular disorders and to report to Speaker and President of
    Senate not later than June 30, 1977.

         STUDY OF CLAIMS FOR DEPENDENCY AND INDEMNITY COMPENSATION     
      Pub. L. 93-295, title II, Sec. 207, May 31, 1974, 88 Stat. 183,
    directed Administrator of Veterans' Affairs to make a detailed
    study of claims for dependency and indemnity compensation relating
    to veterans, as defined in section 101(2) of this title, who at
    time of death within six months prior to May 31, 1974, were
    receiving disability compensation from Veterans' Administration
    based upon a rating total and permanent in nature, and submit a
    report together with such comments and recommendations as
    Administrator deemed appropriate to Speaker of the House and
    President of the Senate not more than thirty days after Jan. 14,
    1975.

-End-

-CITE-
    38 USC Sec. 1102                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 1102. Special provisions relating to surviving spouses

-STATUTE-
      (a) No compensation shall be paid to the surviving spouse of a
    veteran under this chapter 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
      aggravated; 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.

      (b) Subsection (a) shall not be applicable to any surviving
    spouse who, with respect to date of marriage, could have qualified
    as a surviving spouse for death compensation under any law
    administered by the Secretary in effect on December 31, 1957.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 302; Pub. L. 86-
    491, June 8, 1960, 74 Stat. 161; Pub. L. 90-77, title I, Sec.
    101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, Sec.
    404(2)-(4), Sept. 30, 1976, 90 Stat. 1378; renumbered Sec. 1102 and
    amended Pub. L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105
    Stat. 403, 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 302 of this
    title as this section.
      Subsec. (b). Pub. L. 102-83, Sec. 4(a)(1), substituted
    "administered by the Secretary" for "administered by the Veterans'
    Administration".
      1976 - Pub. L. 94-433, Sec. 404(4), substituted "surviving
    spouses" for "widows" in section catchline.
      Subsec. (a). Pub. L. 94-433, Sec. 404(2), substituted "surviving
    spouse of a veteran under this chapter unless such surviving spouse
    was married to such veteran" for "widow of a veteran under this
    chapter unless she was married to him".
      Subsec. (b). Pub. L. 94-433, Sec. 404(3), substituted "surviving
    spouse" for "widow" in two places.
      1967 - Subsec. (a)(2), (3). Pub. L. 90-77 qualified widow of a
    veteran for receipt of compensation by reducing in par. (2) the
    requisite marriage period from five years to one year and by making
    her eligible for benefits in par. (3) in event of antenuptial
    birth.
      1960 - Subsec. (a)(1). Pub. L. 86-491 substituted "fifteen years"
    for "ten years".

                     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.

-End-

-CITE-
    38 USC Sec. 1103                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 1103. Special provisions relating to claims based upon effects
      of tobacco products

-STATUTE-
      (a) Notwithstanding any other provision of law, a veteran's
    disability or death shall not be considered to have resulted from
    personal injury suffered or disease contracted in the line of duty
    in the active military, naval, or air service for purposes of this
    title on the basis that it resulted from injury or disease
    attributable to the use of tobacco products by the veteran during
    the veteran's service.
      (b) Nothing in subsection (a) shall be construed as precluding
    the establishment of service connection for disability or death
    from a disease or injury which is otherwise shown to have been
    incurred or aggravated in active military, naval, or air service or
    which became manifest to the requisite degree of disability during
    any applicable presumptive period specified in section 1112 or 1116
    of this title.

-SOURCE-
    (Added Pub. L. 105-178, title VIII, Sec. 8202(a)(1), as added Pub.
    L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1103 was renumbered section 1104 of this title.

                              EFFECTIVE DATE                          
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, see section 9016 of Pub. L. 105-
    206, set out as an Effective Date of 1998 Amendment note under
    section 101 of Title 23, Highways.
      Pub. L. 105-178, title VIII, Sec. 8202(b), as amended by Pub. L.
    105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865,
    provided that: "Section 1103 of title 38, United States Code, as
    added by subsection (a), shall apply with respect to claims
    received by the Secretary of Veterans Affairs after the date of the
    enactment of this Act [June 9, 1998]."

-End-

-CITE-
    38 USC Sec. 1104                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 1104. Cost-of-living adjustments

-STATUTE-
      (a) In the computation of cost-of-living adjustments for fiscal
    years 1998 through 2013 in the rates of, and dollar limitations
    applicable to, compensation payable under this chapter, such
    adjustments 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 and limitations
    (other than increased rates or limitations equal to a whole dollar
    amount) rounded down to the next lower whole dollar amount.
      (b) For purposes of this section, the term "social 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 determination
    under section 215(i) of such Act (42 U.S.C. 415(i)).

-SOURCE-
    (Added Pub. L. 105-33, title VIII, Sec. 8031(a)(1), Aug. 5, 1997,
    111 Stat. 668, Sec. 1103; renumbered Sec. 1104, Pub. L. 105-368,
    title X, Sec. 1005(a), Nov. 11, 1998, 112 Stat. 3364; amended Pub.
    L. 107-103, title II, Sec. 205, Dec. 27, 2001, 115 Stat. 990; Pub.
    L. 108-183, title VII, Sec. 706, Dec. 16, 2003, 117 Stat. 2672.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (b), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is
    classified generally to subchapter II (Sec. 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.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-183 substituted "2013" for
    "2011".
      2001 - Subsec. (a). Pub. L. 107-103 substituted "2011" for
    "2002".
      1998 - Pub. L. 105-368 renumbered section 1103 of this title as
    this section.

-End-

-CITE-
    38 USC SUBCHAPTER II - WARTIME DISABILITY COMPENSATION      01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
              SUBCHAPTER II - WARTIME DISABILITY COMPENSATION          

-End-

-CITE-
    38 USC Sec. 1110                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1110. Basic entitlement

-STATUTE-
      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
    active military, naval, or air service, during a period of war, the
    United States will pay to any veteran thus disabled and who was
    discharged or released under conditions other than dishonorable
    from the period of service in which said injury or disease was
    incurred, or preexisting injury or disease was aggravated,
    compensation as provided in this subchapter, but no compensation
    shall be paid if the disability is a result of the veteran's own
    willful misconduct or abuse of alcohol or drugs.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 310; Pub. L.
    101-508, title VIII, Sec. 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388-
    351; renumbered Sec. 1110, Pub. L. 102-83, Sec. 5(a), Aug. 6,
    1991, 105 Stat. 406; Pub. L. 105-178, title VIII, Sec. 8202(a),
    June 9, 1998, 112 Stat. 492; Pub. L. 105-206, title IX, Sec.
    9014(a), July 22, 1998, 112 Stat. 865.)

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-178, which directed the substitution of ",
    abuse of alcohol or drugs, or use of tobacco products" for "or
    abuse of alcohol or drugs" before the period at end, was amended
    generally by Pub. L. 105-206, which provided that the amendments
    made by that section as originally enacted shall be treated for all
    purposes as not having been made. See Effective Date of 1998
    Amendment note below.
      1991 - Pub. L. 102-83 renumbered section 310 of this title as
    this section.
      1990 - Pub. L. 101-508 substituted "a result of the veteran's own
    willful misconduct or abuse of alcohol or drugs" for "the result of
    the veteran's own willful misconduct".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    Title 23, Highways.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective with respect to claims
    filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508,
    set out as a note under section 105 of this title.

                      CONSTRUCTION OF 1998 AMENDMENT                  
      Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat.
    865, provided that section 8202 of Pub. L. 105-178 is amended
    generally and that the amendments made by that section as
    originally enacted shall be treated for all purposes as not having
    been made.

-End-

-CITE-
    38 USC Sec. 1111                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1111. Presumption of sound condition

-STATUTE-
      For the purposes of section 1110 of this title, every veteran
    shall be taken to have been in sound condition when examined,
    accepted, and enrolled for service, except as to defects,
    infirmities, or disorders noted at the time of the examination,
    acceptance, and enrollment, or where clear and unmistakable
    evidence demonstrates that the injury or disease existed before
    acceptance and enrollment and was not aggravated by such service.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 311; renumbered
    Sec. 1111 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
    1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 311 of this
    title as this section.
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310".

-End-

-CITE-
    38 USC Sec. 1112                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1112. Presumptions relating to certain diseases and
      disabilities

-STATUTE-
      (a) For the purposes of section 1110 of this title, and subject
    to the provisions of section 1113 of this title, in the case of any
    veteran who served for ninety days or more during a period of war -
    
        (1) a chronic disease becoming manifest to a degree of 10
      percent or more within one year from the date of separation from
      such service;
        (2) a tropical disease, and the resultant disorders or disease
      originating because of therapy, administered in connection with
      such diseases, or as a preventative thereof, becoming manifest to
      a degree of 10 percent or more within one year from the date of
      separation from such service, or at a time when standard or
      accepted treatises indicate that the incubation period thereof
      commenced during such service;
        (3) active tuberculous disease developing a 10 percent degree
      of disability or more within three years from the date of
      separation from such service;
        (4) multiple sclerosis developing a 10 percent degree of
      disability or more within seven years from the date of separation
      from such service;
        (5) Hansen's disease developing a 10 percent degree of
      disability or more within three years from the date of separation
      from such service;

    shall be considered to have been incurred in or aggravated by such
    service, notwithstanding there is no record of evidence of such
    disease during the period of service.
      (b)(1) For the purposes of section 1110 of this title and subject
    to the provisions of section 1113 of this title, in the case of a
    veteran who is a former prisoner of war - 
        (A) a disease specified in paragraph (2) which became manifest
      to a degree of 10 percent or more after active military, naval,
      or air service shall be considered to have been incurred in or
      aggravated by such service, notwithstanding that there is no
      record of such disease during the period of service; and
        (B) if the veteran was detained or interned as a prisoner of
      war for not less than thirty days, a disease specified in
      paragraph (3) which became manifest to a degree of 10 percent or
      more after active military, naval, or air service shall be
      considered to have been incurred in or aggravated by such
      service, notwithstanding that there is no record of such disease
      during the period of service.

      (2) The diseases specified in this paragraph are the following:
        (A) Psychosis.
        (B) Any of the anxiety states.
        (C) Dysthymic disorder (or depressive neurosis).
        (D) Organic residuals of frostbite, if the Secretary determines
      that the veteran was detained or interned in climatic conditions
      consistent with the occurrence of frostbite.
        (E) Post-traumatic osteoarthritis.

      (3) The diseases specified in this paragraph are the following:
        (A) Avitaminosis.
        (B) Beriberi (including beriberi heart disease).
        (C) Chronic dysentery.
        (D) Helminthiasis.
        (E) Malnutrition (including optic atrophy associated with
      malnutrition).
        (F) Pellagra.
        (G) Any other nutritional deficiency.
        (H) Cirrhosis of the liver.
        (I) Peripheral neuropathy except where directly related to
      infectious causes.
        (J) Irritable bowel syndrome.
        (K) Peptic ulcer disease.
        (L) Atherosclerotic heart disease or hypertensive vascular
      disease (including hypertensive heart disease) and their
      complications (including myocardial infarction, congestive heart
      failure and arrhythmia).
        (M) Stroke and its complications.

      (c)(1) For the purposes of section 1110 of this title, and
    subject to the provisions of section 1113 of this title, a disease
    specified in paragraph (2) of this subsection becoming manifest in
    a radiation-exposed veteran shall be considered to have been
    incurred in or aggravated during active military, naval, or air
    service, notwithstanding that there is no record of evidence of
    such disease during a period of such service.
      (2) The diseases referred to in paragraph (1) of this subsection
    are the following:
        (A) Leukemia (other than chronic lymphocytic leukemia).
        (B) Cancer of the thyroid.
        (C) Cancer of the breast.
        (D) Cancer of the pharynx.
        (E) Cancer of the esophagus.
        (F) Cancer of the stomach.
        (G) Cancer of the small intestine.
        (H) Cancer of the pancreas.
        (I) Multiple myeloma.
        (J) Lymphomas (except Hodgkin's disease).
        (K) Cancer of the bile ducts.
        (L) Cancer of the gall bladder.
        (M) Primary liver cancer (except if cirrhosis or hepatitis B is
      indicated).
        (N) Cancer of the salivary gland.
        (O) Cancer of the urinary tract.
        (P) Bronchiolo-alveolar carcinoma.
        (Q) Cancer of the bone.
        (R) Cancer of the brain.
        (S) Cancer of the colon.
        (T) Cancer of the lung.
        (U) Cancer of the ovary.

      (3) For the purposes of this subsection:
        (A) The term "radiation-exposed veteran" means (i) a veteran
      who, while serving on active duty, participated in a radiation-
      risk activity, or (ii) an individual who, while a member of a
      reserve component of the Armed Forces, participated in a
      radiation-risk activity during a period of active duty for
      training or inactive duty training.
        (B) The term "radiation-risk activity" means any of the
      following:
          (i) Onsite participation in a test involving the atmospheric
        detonation of a nuclear device (without regard to whether the
        nation conducting the test was the United States or another
        nation).
          (ii) The occupation of Hiroshima or Nagasaki, Japan, by
        United States forces during the period beginning on August 6,
        1945, and ending on July 1, 1946.
          (iii) Internment as prisoner of war in Japan (or service on
        active duty in Japan immediately following such internment)
        during World War II which (as determined by the Secretary)
        resulted in an opportunity for exposure to ionizing radiation
        comparable to that of veterans described in clause (ii) of this
        subparagraph.
          (iv) Service in a capacity which, if performed as an employee
        of the Department of Energy, would qualify the individual for
        inclusion as a member of the Special Exposure Cohort under
        section 3621(14) of the Energy Employees Occupational Illness
        Compensation Program Act of 2000 (42 U.S.C. 7384l(14)).

      (4) A radiation-exposed veteran who receives a payment under the
    provisions of the Radiation Exposure Compensation Act of 1990 (42
    U.S.C. 2210 note) shall not be deprived, by reason of the receipt
    of that payment, of receipt of compensation to which that veteran
    is entitled by reason of paragraph (1), but there shall be deducted
    from payment of such compensation the amount of the payment under
    that Act.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 312; Pub. L. 86-
    187, Aug. 25, 1959, 73 Stat. 418; Pub. L. 86-188, Aug. 25, 1959,
    73 Stat. 418; Pub. L. 87-645, Sec. 3, Sept. 7, 1962, 76 Stat. 442;
    Pub. L. 91-376, Sec. 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789;
    Pub. L. 97-37, Sec. 4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98-
    223, title I, Secs. 101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40;
    Pub. L. 99-576, title I, Sec. 108(a), Oct. 28, 1986, 100 Stat.
    3252; Pub. L. 100-321, Sec. 2(a), May 20, 1988, 102 Stat. 485; Pub.
    L. 100-322, title III, Sec. 312, May 20, 1988, 102 Stat. 534;
    renumbered Sec. 1112 and amended Pub. L. 102-83, Secs. 4(b)(1),
    (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-
    86, title I, Secs. 104(a), 105, Aug. 14, 1991, 105 Stat. 415; Pub.
    L. 102-578, Sec. 2(a), Oct. 30, 1992, 106 Stat. 4774; Pub. L. 103-
    446, title V, Sec. 501(a), Nov. 2, 1994, 108 Stat. 4663; Pub. L.
    106-117, title V, Sec. 503, Nov. 30, 1999, 113 Stat. 1575; Pub. L.
    108-183, title II, Sec. 201, Dec. 16, 2003, 117 Stat. 2656; Pub. L.
    108-454, title III, Secs. 302(a), 306(a), (b), Dec. 10, 2004, 118
    Stat. 3610, 3612; Pub. L. 109-233, title IV, Sec. 401, June 15,
    2006, 120 Stat. 407.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Radiation Exposure Compensation Act, referred to in subsec.
    (c)(4), is Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as
    amended, which is set out as a note under section 2210 of Title 42,
    The Public Health and Welfare.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(3)(L), (M). Pub. L. 109-233 added subpars. (L)
    and (M).
      2004 - Subsec. (c)(2)(Q) to (U). Pub. L. 108-454, Sec. 306(a),
    added subpars. (Q) to (U).
      Subsec. (c)(3)(B)(iv). Pub. L. 108-454, Sec. 306(b), added cl.
    (iv).
      Subsec. (c)(4). Pub. L. 108-454, Sec. 302(a), added par. (4).
      2003 - Subsec. (b). Pub. L. 108-183 amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "For
    the purposes of section 1110 of this title and subject to the
    provisions of section 1113 of this title, in the case of a veteran
    who is a former prisoner of war and who was detained or interned
    for not less than thirty days, the disease of - 
        "(1) avitaminosis,
        "(2) beriberi (including beriberi heart disease),
        "(3) chronic dysentery,
        "(4) helminthiasis,
        "(5) malnutrition (including optic atrophy associated with
      malnutrition),
        "(6) pellagra,
        "(7) any other nutritional deficiency,
        "(8) psychosis,
        "(9) any of the anxiety states,
        "(10) dysthymic disorder (or depressive neurosis),
        "(11) organic residuals of frostbite, if the Secretary
      determines that the veteran was interned in climatic conditions
      consistent with the occurrence of frostbite,
        "(12) post-traumatic osteoarthritis,
        "(13) peripheral neuropathy except where directly related to
      infectious causes,
        "(14) irritable bowel syndrome, or
        "(15) peptic ulcer disease,
    which became manifest to a degree of 10 percent or more after
    active military, naval, or air service shall be considered to have
    been incurred in or aggravated by such service, notwithstanding
    that there is no record of such disease during the period of
    service."
      1999 - Subsec. (c)(2)(P). Pub. L. 106-117 added subpar. (P).
      1994 - Subsec. (c)(3)(B)(i). Pub. L. 103-446 inserted before
    period at end "(without regard to whether the nation conducting the
    test was the United States or another nation)".
      1992 - Subsec. (c)(1). Pub. L. 102-578, Sec. 2(a)(1), struck out
    "to a degree of 10 percent or more within the presumption period
    (as specified in paragraph (3) of this subsection)" after
    "radiation-exposed veteran".
      Subsec. (c)(2)(N), (O). Pub. L. 102-578, Sec. 2(a)(2), added
    subpars. (N) and (O).
      Subsec. (c)(3), (4). Pub. L. 102-578, Sec. 2(a)(3), (4),
    redesignated par. (4) as (3) and struck out former par. (3) which
    read as follows: "The presumption period for purposes of paragraph
    (1) of this subsection is the 40-year period beginning on the last
    date on which the veteran participated in a radiation-risk
    activity."
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 312 of this
    title as this section.
      Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for
    "310" and "1113" for "313" in introductory provisions.
      Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for
    "310" and "1113" for "313" in introductory provisions.
      Subsec. (b)(11). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator".
      Subsec. (c)(1). Pub. L. 102-86, Sec. 105(1), amended subsec.
    (c)(1) of this section as in effect before the redesignations made
    by Pub. L. 102-83, Sec. 5, by substituting "during active military,
    naval, or air service" for "during the veteran's service on active
    duty" and "during a period" for "during the period".
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310" and
    "1113" for "313".
      Subsec. (c)(3). Pub. L. 102-86, Sec. 104(a), amended subsec.
    (c)(3) of this section as in effect before the redesignations made
    by Pub. L. 102-83, Sec. 5, by striking out before period at end ",
    except that such period shall be the 30-year period beginning on
    that date in the case of leukemia (other than chronic lymphocytic
    leukemia)".
      Subsec. (c)(4)(A). Pub. L. 102-86, Sec. 105(2), amended subsec.
    (c)(4)(A) of this section as in effect before the redesignations
    made by Pub. L. 102-83, Sec. 5, by inserting "(i)" after "means"
    and adding cl. (ii).
      Subsec. (c)(4)(B)(iii). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
    substituted "Secretary" for "Administrator".
      1988 - Subsec. (b)(13) to (15). Pub. L. 100-322 added pars. (13)
    to (15).
      Subsec. (c). Pub. L. 100-321 added subsec. (c).
      1986 - Subsec. (b)(11), (12). Pub. L. 99-576 added pars. (11) and
    (12).
      1984 - Subsec. (a)(1) to (5). Pub. L. 98-223, Sec. 101(c),
    substituted "percent" for "per centum".
      Subsec. (b). Pub. L. 98-223, Sec. 111, added par. (10).
      Pub. L. 98-223, Sec. 101(c), substituted "percent" for "per
    centum" in provision following par. (10).
      1981 - Subsecs. (b), (c). Pub. L. 97-37, Sec. 4(a)(1), (2),
    redesignated subsec. (c) as (b) and generally revised structure so
    as to include anxiety states as a listed disease, and exclude the
    enumerated armed conflicts and resulting treatment incurred. Former
    subsec. (b), relating to treatment as a prisoner of war as deemed
    in violation of the Geneva Conventions of 1929 and 1949, was struck
    out.
      1970 - Pub. L. 91-376 inserted reference to disabilities in
    section catchline, designated existing provisions as subsec. (a),
    and added subsecs. (b) and (c).
      1962 - Pub. L. 87-645 substituted "seven years" for "three years"
    in par. (4).
      1959 - Pub. L. 86-188 inserted par. (5).
      Pub. L. 86-187 substituted "three years" for "two years" in par.
    (4).

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-454, title III, Sec. 302(c), Dec. 10, 2004, 118 Stat.
    3610, provided that: "Paragraph (4) of section 1112(c) of title 38,
    United States Code, as added by subsection (a), shall take effect
    with respect to compensation payments for months beginning after
    March 26, 2002. Subsection (c) of section 1310 of such title, as
    added by subsection (b), shall take effect with respect to
    dependency and indemnity compensation payments for months beginning
    after March 26, 2002."
      Pub. L. 108-454, title III, Sec. 306(c), Dec. 10, 2004, 118 Stat.
    3612, provided that: "The amendments made by this section [amending
    this section] shall take effect as of March 26, 2002."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 2(b) of Pub. L. 102-578 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    October 1, 1992."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 104(b) of Pub. L. 102-86 provided that: "No benefit may
    be paid by reason of the amendment made by subsection (a) [amending
    this section] for any period before the date of the enactment of
    this Act [Aug. 14, 1991]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 2(b) of Pub. L. 100-321 provided that: "Subsection (c) of
    section 312 [now 1112] of title 38, United States Code, as added by
    subsection (a), shall take effect on May 1, 1988."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 108(b) of Pub. L. 99-576 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect as
    of October 1, 1986."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by section 101(c) of 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.
      Section 114 of Pub. L. 98-223 provided that: "The amendments made
    by this part [part B (Secs. 111-114) of title I of Pub. L. 98-223,
    amending this section and sections 314 and 3011 [now 1114 and 5111]
    of this title] shall take effect as of October 1, 1983."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 4(b) of Pub. L. 97-37 provided that: "The amendments made
    by subsection (a) [amending this section] shall take effect on
    October 1, 1981."

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Section 4 of Pub. L. 87-645 provided that: "This Act [amending
    this section and sections 314 and 3203 [now 1114 and 5503] of this
    title and enacting provisions set out as a note under section 1114
    of this title] shall take effect on the first day of the first
    calendar month which begins after the date of enactment of this Act
    [Sept. 7, 1962] but no payments shall be made by reason of this Act
    for any period before such effective date. The increased rate of
    compensation payable to any veteran entitled thereto on such first
    day shall be further increased, for such month only, in an amount
    equal to three times the monthly increase provided for such veteran
    by the amendments made by this Act."

-End-

-CITE-
    38 USC Sec. 1113                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1113. Presumptions rebuttable

-STATUTE-
      (a) Where there is affirmative evidence to the contrary, or
    evidence to establish that an intercurrent injury or disease which
    is a recognized cause of any of the diseases or disabilities within
    the purview of section 1112, 1116, 1117, or 1118 of this title, has
    been suffered between the date of separation from service and the
    onset of any such diseases or disabilities, or the disability is
    due to the veteran's own willful misconduct, service-connection
    pursuant to section 1112, 1116, or 1118 of this title, or payments
    of compensation pursuant to section 1117 of this title, will not be
    in order.
      (b) Nothing in section 1112, 1116, 1117, or 1118 of this title,
    subsection (a) of this section, or section 5 of Public Law 98-542
    (38 U.S.C. 1154 note) shall be construed to prevent the granting of
    service-connection for any disease or disorder otherwise shown by
    sound judgment to have been incurred in or aggravated by active
    military, naval, or air service.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 313; Pub. L.
    102-4, Sec. 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered Sec. 1113
    and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105
    Stat. 406; Pub. L. 103-446, title I, Sec. 106(b), title V, Sec.
    501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105-277,
    div. C, title XVI, Sec. 1602(b), Oct. 21, 1998, 112 Stat. 2681-
    744.)

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-277 substituted "1117, or 1118"
    for "or 1117" and ", 1116, or 1118" for "or 1116".
      Subsec. (b). Pub. L. 105-277, Sec. 1602(b)(1), substituted "1117,
    or 1118" for "or 1117".
      1994 - Subsec. (a). Pub. L. 103-446, Sec. 106(b), inserted "or
    disabilities" after "diseases" in two places, substituted "purview
    of section 1112, 1116, or 1117" for "purview of section 1112 or
    1116", and inserted ", or payments of compensation pursuant to
    section 1117 of this title," before "will not".
      Subsec. (b). Pub. L. 103-446, Sec. 501(b)(1), substituted
    "title," for "title or" and inserted ", or section 5 of Public Law
    98-542 (38 U.S.C. 1154 note)" after "of this section".
      Pub. L. 103-446, Sec. 106(b)(1), substituted "section 1112, 1116,
    or 1117" for "section 1112 or 1116".
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 313 of this
    title as this section.
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1112 or 1116" for "312
    or 316" wherever appearing.
      Pub. L. 102-4 inserted "or 316" after "section 312" wherever
    appearing.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 501(b)(2) of Pub. L. 103-446 provided that: "The
    amendments made by paragraph (1) [amending this section] shall
    apply with respect to applications for veterans benefits that are
    submitted to the Secretary of Veterans Affairs after the date of
    the enactment of this Act [Nov. 2, 1994]."

-End-

-CITE-
    38 USC Sec. 1114                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1114. Rates of wartime disability compensation

-STATUTE-
      For the purposes of section 1110 of this title - 
        (a) if and while the disability is rated 10 percent the monthly
      compensation shall be $115;
        (b) if and while the disability is rated 20 percent the monthly
      compensation shall be $225;
        (c) if and while the disability is rated 30 percent the monthly
      compensation shall be $348;
        (d) if and while the disability is rated 40 percent the monthly
      compensation shall be $501;
        (e) if and while the disability is rated 50 percent the monthly
      compensation shall be $712;
        (f) if and while the disability is rated 60 percent the monthly
      compensation shall be $901;
        (g) if and while the disability is rated 70 percent the monthly
      compensation shall be $1,135;
        (h) if and while the disability is rated 80 percent the monthly
      compensation shall be $1,319;
        (i) if and while the disability is rated 90 percent the monthly
      compensation shall be $1,483;
        (j) if and while the disability is rated as total the monthly
      compensation shall be $2,471;
        (k) if the veteran, as the result of service-connected
      disability, has suffered the anatomical loss or loss of use of
      one or more creative organs, or one foot, or one hand, or both
      buttocks, or blindness of one eye, having only light perception,
      has suffered complete organic aphonia with constant inability to
      communicate by speech, or deafness of both ears, having absence
      of air and bone conduction, or, in the case of a woman veteran,
      has suffered the anatomical loss of 25 percent or more of tissue
      from a single breast or both breasts in combination (including
      loss by mastectomy or partial mastectomy) or has received
      radiation treatment of breast tissue, the rate of compensation
      therefor shall be $89 per month for each such loss or loss of use
      independent of any other compensation provided in subsections (a)
      through (j) or subsection (s) of this section but in no event to
      exceed $3,075 per month; and in the event the veteran has
      suffered one or more of the disabilities heretofore specified in
      this subsection, in addition to the requirement for any of the
      rates specified in subsections (l) through (n) of this section,
      the rate of compensation shall be increased by $89 per month for
      each such loss or loss of use, but in no event to exceed $4,313
      per month;
        (l) if the veteran, as the result of service-connected
      disability, has suffered the anatomical loss or loss of use of
      both feet, or of one hand and one foot, or is blind in both eyes,
      with 5/200 visual acuity or less, or is permanently bedridden or
      with such significant disabilities as to be in need of regular
      aid and attendance, the monthly compensation shall be $3,075;
        (m) if the veteran, as the result of service-connected
      disability, has suffered the anatomical loss or loss of use of
      both hands, or of both legs at a level, or with complications,
      preventing natural knee action with prostheses in place, or of
      one arm and one leg at levels, or with complications, preventing
      natural elbow and knee action with prostheses in place, or has
      suffered blindness in both eyes having only light perception, or
      has suffered blindness in both eyes, rendering such veteran so
      significantly disabled as to be in need of regular aid and
      attendance, the monthly compensation shall be $3,392;
        (n) if the veteran, as the result of service-connected
      disability, has suffered the anatomical loss or loss of use of
      both arms at levels, or with complications, preventing natural
      elbow action with prostheses in place, has suffered the
      anatomical loss of both legs so near the hip as to prevent the
      use of prosthetic appliances, or has suffered the anatomical loss
      of one arm and one leg so near the shoulder and hip as to prevent
      the use of prosthetic appliances, or has suffered the anatomical
      loss of both eyes, or has suffered blindness without light
      perception in both eyes, the monthly compensation shall be
      $3,860;
        (o) if the veteran, as the result of service-connected
      disability, has suffered disability under conditions which would
      entitle such veteran to two or more of the rates provided in one
      or more subsections (l) through (n) of this section, no condition
      being considered twice in the determination, or if the veteran
      has suffered bilateral deafness (and the hearing impairment in
      either one or both ears is service connected) rated at 60 percent
      or more disabling and the veteran has also suffered service-
      connected total blindness with 5/200 visual acuity or less, or
      if the veteran has suffered service-connected total deafness in
      one ear or bilateral deafness (and the hearing impairment in
      either one or both ears is service connected) rated at 40 percent
      or more disabling and the veteran has also suffered service-
      connected blindness having only light perception or less, or if
      the veteran has suffered the anatomical loss of both arms so near
      the shoulder as to prevent the use of prosthetic appliances, the
      monthly compensation shall be $4,313;
        (p) in the event the veteran's service-connected disabilities
      exceed the requirements for any of the rates prescribed in this
      section, the Secretary may allow the next higher rate or an
      intermediate rate, but in no event in excess of $4,313. In the
      event the veteran has suffered service-connected blindness with
      5/200 visual acuity or less and (1) has also suffered bilateral
      deafness (and the hearing impairment in either one or both ears
      is service connected) rated at no less than 30 percent disabling,
      the Secretary shall allow the next higher rate, or (2) has also
      suffered service-connected total deafness in one ear or service-
      connected anatomical loss or loss of use of one hand or one
      foot, the Secretary shall allow the next intermediate rate, but
      in no event in excess of $4,313. In the event the veteran has
      suffered service-connected blindness, having only light
      perception or less, and has also suffered bilateral deafness (and
      the hearing impairment in either one or both ears is service
      connected) rated at 10 or 20 percent disabling, the Secretary
      shall allow the next intermediate rate, but in no event in excess
      of $4,313. In the event the veteran has suffered the anatomical
      loss or loss of use, or a combination of anatomical loss and loss
      of use, of three extremities, the Secretary shall allow the next
      higher rate or intermediate rate, but in no event in excess of
      $4,313. Any intermediate rate under this subsection shall be
      established at the arithmetic mean, rounded down to the nearest
      dollar, between the two rates concerned;
        [(q) Repealed. Pub. L. 90-493, Sec. 4(a), Aug. 19, 1968, 82
      Stat. 809.]
        (r) Subject to section 5503(c) of this title, if any veteran,
      otherwise entitled to compensation authorized under subsection
      (o) of this section, at the maximum rate authorized under
      subsection (p) of this section, or at the intermediate rate
      authorized between the rates authorized under subsections (n) and
      (o) of this section and at the rate authorized under subsection
      (k) of this section, is in need of regular aid and attendance,
      then, in addition to such compensation - 
          (1) the veteran shall be paid a monthly aid and attendance
        allowance at the rate of $1,851; or
          (2) if the veteran, in addition to such need for regular aid
        and attendance, is in need of a higher level of care, such
        veteran shall be paid a monthly aid and attendance allowance at
        the rate of $$2,757,(!1) in lieu of the allowance authorized in
        clause (1) of this subsection, if the Secretary finds that the
        veteran, in the absence of the provision of such care, would
        require hospitalization, nursing home care, or other
        residential institutional care.

      For the purposes of clause (2) of this subsection, need for a
      higher level of care shall be considered to be need for personal
      health-care services provided on a daily basis in the veteran's
      home by a person who is licensed to provide such services or who
      provides such services under the regular supervision of a
      licensed health-care professional. The existence of the need for
      such care shall be determined by a physician employed by the
      Department or, in areas where no such physician is available, by
      a physician carrying out such function under contract or fee
      arrangement based on an examination by such physician. For the
      purposes of section 1134 of this title, such allowance shall be
      considered as additional compensation payable for disability.
        (s) If the veteran has a service-connected disability rated as
      total, and (1) has additional service-connected disability or
      disabilities independently ratable at 60 percent or more, or, (2)
      by reason of such veteran's service-connected disability or
      disabilities, is permanently housebound, then the monthly
      compensation shall be $2,766. For the purpose of this subsection,
      the requirement of "permanently housebound" will be considered to
      have been met when the veteran is substantially confined to such
      veteran's house (ward or clinical areas, if institutionalized) or
      immediate premises due to a service-connected disability or
      disabilities which it is reasonably certain will remain
      throughout such veteran's lifetime.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 314; Pub. L. 85-
    782, Sec. 2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86-663, Sec. 1,
    July 14, 1960, 74 Stat. 528; Pub. L. 87-645, Secs. 1(a), 2(a),
    Sept. 7, 1962, 76 Stat. 441; Pub. L. 88-20, Sec. 1, May 15, 1963,
    77 Stat. 17; Pub. L. 88-22, Sec. 1, May 15, 1963, 77 Stat. 18; Pub.
    L. 89-311, Secs. 1(a), 3(d), (e), Oct. 31, 1965, 79 Stat. 1154,
    1155; Pub. L. 90-77, title IV, Sec. 401, Aug. 31, 1967, 81 Stat.
    190; Pub. L. 90-493, Secs. 1(a), 4(a), Aug. 19, 1968, 82 Stat. 808,
    809; Pub. L. 91-376, Sec. 1(a), Aug. 12, 1970, 84 Stat. 787; Pub.
    L. 92-328, title I, Sec. 101(a), June 30, 1972, 86 Stat. 393; Pub.
    L. 93-295, title I, Sec. 101(a), May 31, 1974, 88 Stat. 181; Pub.
    L. 94-71, title I, Sec. 101(a), Aug. 5, 1975, 89 Stat. 395; Pub. L.
    94-433, title I, Sec. 101(a), title IV, Secs. 401(4), (5), 404(6)-
    (8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; Pub. L. 95-117,
    title I, Sec. 101(a), Oct. 3, 1977, 91 Stat. 1063; Pub. L. 95-479,
    title I, Sec. 101(a)-(d), Oct. 18, 1978, 92 Stat. 1560, 1561; Pub.
    L. 96-128, title I, Secs. 101(a), 104, 105, Nov. 28, 1979, 93 Stat.
    982, 984; Pub. L. 96-385, title I, Sec. 101(a), Oct. 7, 1980, 94
    Stat. 1528; Pub. L. 97-66, title I, Secs. 101(a), 104, Oct. 17,
    1981, 95 Stat. 1026, 1027; Pub. L. 97-253, title IV, Secs. 404(a),
    405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97-306, title I, Secs.
    101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 1431, 1432;
    Pub. L. 98-223, title I, Secs. 101(a), 112, Mar. 2, 1984, 98 Stat.
    37, 40; Pub. L. 98-543, title I, Sec. 101(a), Oct. 24, 1984, 98
    Stat. 2735; Pub. L. 99-238, title I, Sec. 101(a), Jan. 13, 1986, 99
    Stat. 1765; Pub. L. 99-576, title I, Secs. 101(a), 109(b), Oct. 28,
    1986, 100 Stat. 3250, 3253; Pub. L. 100-227, title I, Sec. 101(a),
    Dec. 31, 1987, 101 Stat. 1552; Pub. L. 100-687, div. B, title XI,
    Sec. 1101(a), Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101-237, title
    I, Sec. 101(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L. 102-3, Sec.
    2(a), Feb. 6, 1991, 105 Stat. 7; Pub. L. 102-40, title IV, Sec.
    402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1114 and
    amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a),
    (c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-152, Sec.
    2(a), Nov. 12, 1991, 105 Stat. 985; Pub. L. 103-78, Sec. 1, Aug.
    13, 1993, 107 Stat. 767; Pub. L. 103-140, Sec. 2, Nov. 11, 1993,
    107 Stat. 1485; Pub. L. 105-98, Sec. 2(a), Nov. 19, 1997, 111 Stat.
    2155; Pub. L. 106-118, Sec. 2(a), Nov. 30, 1999, 113 Stat. 1601;
    Pub. L. 106-419, title III, Sec. 302, Nov. 1, 2000, 114 Stat. 1853;
    Pub. L. 107-94, Sec. 2(a), Dec. 21, 2001, 115 Stat. 900; Pub. L.
    107-103, title II, Sec. 204(b)(1), Dec. 27, 2001, 115 Stat. 990;
    Pub. L. 107-330, title I, Sec. 102, title III, Sec. 309(a), Dec. 6,
    2002, 116 Stat. 2821, 2829; Pub. L. 108-454, title III, Sec.
    307(a), Dec. 10, 2004, 118 Stat. 3612; Pub. L. 109-111, Sec. 2(a),
    Nov. 22, 2005, 119 Stat. 2362; Pub. L. 109-233, title V, Sec.
    502(1), (2), June 15, 2006, 120 Stat. 415; Pub. L. 109-444, Sec.
    9(a), Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109-461, title X,
    Secs. 1005(a), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468.)

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-461, Sec. 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 effect. 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.
      Subsec. (a). Pub. L. 109-461, Sec. 1005(a)(1), substituted "$115"
    for "$112".
      Pub. L. 109-444, Sec. 9(a)(1), which substituted "$115" for
    "$112", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (b). Pub. L. 109-461, Sec. 1005(a)(2), substituted "$225"
    for "$218".
      Pub. L. 109-444, Sec. 9(a)(2), which substituted "$225" for
    "$218", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (c). Pub. L. 109-461, Sec. 1005(a)(3), substituted "$348"
    for "$337".
      Pub. L. 109-444, Sec. 9(a)(3), which substituted "$348" for
    "$337", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (d). Pub. L. 109-461, Sec. 1005(a)(4), substituted "$501"
    for "$485".
      Pub. L. 109-444, Sec. 9(a)(4), which substituted "$501" for
    "$485", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (e). Pub. L. 109-461, Sec. 1005(a)(5), substituted "$712"
    for "$690".
      Pub. L. 109-444, Sec. 9(a)(5), which substituted "$712" for
    "$690", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (f). Pub. L. 109-461, Sec. 1005(a)(6), substituted "$901"
    for "$873".
      Pub. L. 109-444, Sec. 9(a)(6), which substituted "$901" for
    "$873", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (g). Pub. L. 109-461, Sec. 1005(a)(7), substituted
    "$1,135" for "$1,099".
      Pub. L. 109-444, Sec. 9(a)(7), which substituted "$1,135" for
    "$1,099", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (h). Pub. L. 109-461, Sec. 1005(a)(8), substituted
    "$1,319" for "$1,277".
      Pub. L. 109-444, Sec. 9(a)(8), which substituted "$1,319" for
    "$1,277", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (i). Pub. L. 109-461, Sec. 1005(a)(9), substituted
    "$1,483" for "$1,436".
      Pub. L. 109-444, Sec. 9(a)(9), which substituted "$1,483" for
    "$1,436", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (j). Pub. L. 109-461, Sec. 1005(a)(10), substituted
    "$2,471" for "$2,393".
      Pub. L. 109-444, Sec. 9(a)(10), which substituted "$2,471" for
    "$2,393", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsec. (k). Pub. L. 109-461, Sec. 1005(a)(11), substituted "$89"
    for "$87" in two places and substituted "$3,075" and "$4,313" for
    "$2,977" and "$4,176", respectively.
      Pub. L. 109-444, Sec. 9(a)(11), which substituted "$89" for "$87"
    in two places and substituted "$3,075" and "$4,313" for "$2,977"
    and "$4,176", respectively, was terminated by Pub. L. 109-461, Sec.
    1006(b). See Amendment notes above.
      Subsec. (l). Pub. L. 109-461, Sec. 1005(a)(12), substituted
    "$3,075" for "$2,977".
      Pub. L. 109-444, Sec. 9(a)(12), which substituted "$3,075" for
    "$2,977", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Pub. L. 109-233, Sec. 502(1), substituted "with such significant
    disabilities" for "so helpless".
      Subsec. (m). Pub. L. 109-461, Sec. 1005(a)(13), substituted
    "$3,392" for "$3,284".
      Pub. L. 109-444, Sec. 9(a)(13), which substituted "$3,392" for
    "$3,284", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Pub. L. 109-233, Sec. 502(2), substituted "so significantly
    disabled" for "so helpless".
      Subsec. (n). Pub. L. 109-461, Sec. 1005(a)(14), substituted
    "$3,860" for "$3,737".
      Pub. L. 109-444, Sec. 9(a)(14), which substituted "$3,860" for
    "$3,737", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Subsecs. (o), (p). Pub. L. 109-461, Sec. 1005(a)(15), substituted
    "$4,313" for "$4,176" wherever appearing.
      Pub. L. 109-444, Sec. 9(a)(15), which substituted "$4,313" for
    "$4,176" wherever appearing, was terminated by Pub. L. 109-461,
    Sec. 1006(b). See Amendment notes above.
      Subsec. (r). Pub. L. 109-461, Sec. 1005(a)(16), substituted
    "$1,851" and "$2,757" for "$1,792" and "2,669", respectively.
      Pub. L. 109-444, Sec. 9(a)(16), which substituted "$1,851" and
    "$2,757" for "$1,792" and "2,669", respectively, was terminated by
    Pub. L. 109-461, Sec. 1006(b). See Amendment notes above.
      Subsec. (s). Pub. L. 109-461, Sec. 1005(a)(17), substituted
    "$2,766" for "$2,678".
      Pub. L. 109-444, Sec. 9(a)(17), which substituted "$2,766" for
    "$2,678", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      2005 - Subsec. (a). Pub. L. 109-111, Sec. 2(a)(1), substituted
    "$112" for "$106".
      Subsec. (b). Pub. L. 109-111, Sec. 2(a)(2), substituted "$218"
    for "$205".
      Subsec. (c). Pub. L. 109-111, Sec. 2(a)(3), substituted "$337"
    for "$316".
      Subsec. (d). Pub. L. 109-111, Sec. 2(a)(4), substituted "$485"
    for "$454".
      Subsec. (e). Pub. L. 109-111, Sec. 2(a)(5), substituted "$690"
    for "$646".
      Subsec. (f). Pub. L. 109-111, Sec. 2(a)(6), substituted "$873"
    for "$817".
      Subsec. (g). Pub. L. 109-111, Sec. 2(a)(7), substituted "$1,099"
    for "$1,029".
      Subsec. (h). Pub. L. 109-111, Sec. 2(a)(8), substituted "$1,277"
    for "$1,195".
      Subsec. (i). Pub. L. 109-111, Sec. 2(a)(9), substituted "$1,436"
    for "$1,344".
      Subsec. (j). Pub. L. 109-111, Sec. 2(a)(10), substituted "$2,393"
    for "$2,239".
      Subsec. (k). Pub. L. 109-111, Sec. 2(a)(11), substituted "$87"
    for "$82" in two places and substituted "$2,977" and "$4,176" for
    "$2,785" and "$3,907", respectively.
      Subsec. (l). Pub. L. 109-111, Sec. 2(a)(12), substituted "$2,977"
    for "$2,785".
      Subsec. (m). Pub. L. 109-111, Sec. 2(a)(13), substituted "$3,284"
    for "$3,073".
      Subsec. (n). Pub. L. 109-111, Sec. 2(a)(14), substituted "$3,737"
    for "$3,496".
      Subsecs. (o), (p). Pub. L. 109-111, Sec. 2(a)(15), substituted
    "$4,176" for "$3,907" wherever appearing.
      Subsec. (r). Pub. L. 109-111, Sec. 2(a)(16), substituted "$1,792"
    and "$2,669" for "$1,677" and "$2,497", respectively.
      Subsec. (s). Pub. L. 109-111, Sec. 2(a)(17), substituted "$2,678"
    for "$2,506".
      2004 - Subsec. (a). Pub. L. 108-454, Sec. 307(a)(1), substituted
    "$106" for "$104".
      Subsec. (b). Pub. L. 108-454, Sec. 307(a)(2), substituted "$205"
    for "$201".
      Subsec. (c). Pub. L. 108-454, Sec. 307(a)(3), substituted "$316"
    for "$310".
      Subsec. (d). Pub. L. 108-454, Sec. 307(a)(4), substituted "$454"
    for "$445".
      Subsec. (e). Pub. L. 108-454, Sec. 307(a)(5), substituted "$646"
    for "$633".
      Subsec. (f). Pub. L. 108-454, Sec. 307(a)(6), substituted "$817"
    for "$801".
      Subsec. (g). Pub. L. 108-454, Sec. 307(a)(7), substituted
    "$1,029" for "$1,008".
      Subsec. (h). Pub. L. 108-454, Sec. 307(a)(8), substituted
    "$1,195" for "$1,171".
      Subsec. (i). Pub. L. 108-454, Sec. 307(a)(9), substituted
    "$1,344" for "$1,317".
      Subsec. (j). Pub. L. 108-454, Sec. 307(a)(10), substituted
    "$2,239" for "$2,193".
      Subsec. (k). Pub. L. 108-454, Sec. 307(a)(11), substituted "$82"
    for "$81" in two places and substituted "$2,785" and "$3,907" for
    "$2,728" and "$3,827", respectively.
      Subsec. (l). Pub. L. 108-454, Sec. 307(a)(12), substituted
    "$2,785" for "$2,728".
      Subsec. (m). Pub. L. 108-454, Sec. 307(a)(13), substituted
    "$3,073" for "$3,010".
      Subsec. (n). Pub. L. 108-454, Sec. 307(a)(14), substituted
    "$3,496" for "$3,425".
      Subsecs. (o), (p). Pub. L. 108-454, Sec. 307(a)(15), substituted
    "$3,907" for "$3,827" wherever appearing.
      Subsec. (r). Pub. L. 108-454, Sec. 307(a)(16), substituted
    "$1,677" and "$2,497" for "$1,643" and "$2,446", respectively.
      Subsec. (s). Pub. L. 108-454, Sec. 307(a)(17), substituted
    "$2,506" for "$2,455".
      2002 - Subsec. (a). Pub. L. 107-330, Sec. 309(a)(1), substituted
    "$104" for "$103".
      Subsec. (b). Pub. L. 107-330, Sec. 309(a)(2), substituted "$201"
    for "$199".
      Subsec. (c). Pub. L. 107-330, Sec. 309(a)(3), substituted "$310"
    for "$306".
      Subsec. (d). Pub. L. 107-330, Sec. 309(a)(4), substituted "$445"
    for "$439".
      Subsec. (e). Pub. L. 107-330, Sec. 309(a)(5), substituted "$633"
    for "$625".
      Subsec. (f). Pub. L. 107-330, Sec. 309(a)(6), substituted "$801"
    for "$790".
      Subsec. (g). Pub. L. 107-330, Sec. 309(a)(7), substituted
    "$1,008" for "$995".
      Subsec. (h). Pub. L. 107-330, Sec. 309(a)(8), substituted
    "$1,171" for "$1,155".
      Subsec. (i). Pub. L. 107-330, Sec. 309(a)(9), substituted
    "$1,317" for "$1,299".
      Subsec. (j). Pub. L. 107-330, Sec. 309(a)(10), substituted
    "$2,193" for "$2,163".
      Subsec. (k). Pub. L. 107-330, Sec. 309(a)(11), substituted "$81"
    for "$80" in two places and substituted "$2,728" and "$3,827" for
    "$2,691" and "$3,775", respectively.
      Pub. L. 107-330, Sec. 102, substituted "25 percent or more of
    tissue from a single breast or both breasts in combination
    (including loss by mastectomy or partial mastectomy) or has
    received radiation treatment of breast tissue" for "one or both
    breasts (including loss by mastectomy)".
      Subsec. (l). Pub. L. 107-330, Sec. 309(a)(12), substituted
    "$2,728" for "$2,691".
      Subsec. (m). Pub. L. 107-330, Sec. 309(a)(13), substituted
    "$3,010" for "$2,969".
      Subsec. (n). Pub. L. 107-330, Sec. 309(a)(14), substituted
    "$3,425" for "$3,378".
      Subsecs. (o), (p). Pub. L. 107-330, Sec. 309(a)(15), substituted
    "$3,827" for "$3,775" wherever appearing.
      Subsec. (r). Pub. L. 107-330, Sec. 309(a)(16), substituted
    "$1,643" and "$2,446" for "$1,621" and "$2,413", respectively.
      Subsec. (s). Pub. L. 107-330, Sec. 309(a)(17), substituted
    "$2,455" for "$2,422".
      2001 - Subsec. (a). Pub. L. 107-94, Sec. 2(a)(1), substituted
    "$103" for "$98".
      Subsec. (b). Pub. L. 107-94, Sec. 2(a)(2), substituted "$199" for
    "$188".
      Subsec. (c). Pub. L. 107-94, Sec. 2(a)(3), substituted "$306" for
    "$288".
      Subsec. (d). Pub. L. 107-94, Sec. 2(a)(4), substituted "$439" for
    "$413".
      Subsec. (e). Pub. L. 107-94, Sec. 2(a)(5), substituted "$625" for
    "$589".
      Subsec. (f). Pub. L. 107-94, Sec. 2(a)(6), substituted "$790" for
    "$743".
      Subsec. (g). Pub. L. 107-94, Sec. 2(a)(7), substituted "$995" for
    "$937".
      Subsec. (h). Pub. L. 107-94, Sec. 2(a)(8), substituted "$1,155"
    for "$1,087".
      Subsec. (i). Pub. L. 107-94, Sec. 2(a)(9), substituted "$1,299"
    for "$1,224".
      Subsec. (j). Pub. L. 107-94, Sec. 2(a)(10), substituted "$2,163"
    for "$2,036".
      Subsec. (k). Pub. L. 107-94, Sec. 2(a)(11), substituted "$80" for
    "$76" in two places, "$2,691" for "$2,533", and "$3,775" for
    "$3,553".
      Subsec. (l). Pub. L. 107-94, Sec. 2(a)(12), substituted "$2,691"
    for "$2,533".
      Subsec. (m). Pub. L. 107-94, Sec. 2(a)(13), substituted "$2,969"
    for "$2,794".
      Subsec. (n). Pub. L. 107-94, Sec. 2(a)(14), substituted "$3,378"
    for "$3,179".
      Subsecs. (o), (p). Pub. L. 107-94, Sec. 2(a)(15), substituted
    "$3,775" for "$3,553" wherever appearing.
      Subsec. (r). Pub. L. 107-103 substituted "section 5503(c)" for
    "section 5503(e)" in introductory provisions.
      Subsec. (r)(1). Pub. L. 107-94, Sec. 2(a)(16), substituted
    "$1,621" for "$1,525".
      Subsec. (r)(2). Pub. L. 107-94, Sec. 2(a)(16), substituted
    "$2,413" for "$2,271".
      Subsec. (s). Pub. L. 107-94, Sec. 2(a)(17), substituted "$2,422"
    for "$2,280".
      2000 - Subsec. (k). Pub. L. 106-419 substituted "has suffered
    complete organic" for "or has suffered complete organic" and
    inserted "or, in the case of a woman veteran, has suffered the
    anatomical loss of one or both breasts (including loss by
    mastectomy)," after "air and bone conduction,".
      1999 - Subsec. (a). Pub. L. 106-118, Sec. 2(a)(1), substituted
    "$98" for "$95".
      Subsec. (b). Pub. L. 106-118, Sec. 2(a)(2), substituted "$188"
    for "$182".
      Subsec. (c). Pub. L. 106-118, Sec. 2(a)(3), substituted "$288"
    for "$279".
      Subsec. (d). Pub. L. 106-118, Sec. 2(a)(4), substituted "$413"
    for "$399".
      Subsec. (e). Pub. L. 106-118, Sec. 2(a)(5), substituted "$589"
    for "$569".
      Subsec. (f). Pub. L. 106-118, Sec. 2(a)(6), substituted "$743"
    for "$717".
      Subsec. (g). Pub. L. 106-118, Sec. 2(a)(7), substituted "$937"
    for "$905".
      Subsec. (h). Pub. L. 106-118, Sec. 2(a)(8), substituted "$1,087"
    for "$1,049".
      Subsec. (i). Pub. L. 106-118, Sec. 2(a)(9), substituted "$1,224"
    for "$1,181".
      Subsec. (j). Pub. L. 106-118, Sec. 2(a)(10), substituted "$2,036"
    for "$1,964".
      Subsec. (k). Pub. L. 106-118, Sec. 2(a)(11), substituted "$76"
    for "$75" in two places and substituted "$2,533" and "$3,553" for
    "$2,443" and "$3,426", respectively.
      Subsec. (l). Pub. L. 106-118, Sec. 2(a)(12), substituted "$2,533"
    for "$2,443".
      Subsec. (m). Pub. L. 106-118, Sec. 2(a)(13), substituted "$2,794"
    for "$2,694".
      Subsec. (n). Pub. L. 106-118, Sec. 2(a)(14), substituted "$3,179"
    for "$3,066".
      Subsecs. (o), (p). Pub. L. 106-118, Sec. 2(a)(15), substituted
    "$3,553" for "$3,426" wherever appearing.
      Subsec. (r). Pub. L. 106-118, Sec. 2(a)(16), substituted "$1,525"
    and "$2,271" for "$1,471" and "$2,190", respectively.
      Subsec. (s). Pub. L. 106-118, Sec. 2(a)(17), substituted "$2,280"
    for "$2,199".
      1997 - Subsec. (a). Pub. L. 105-98, Sec. 2(a)(1), substituted
    "$95" for "$87".
      Subsec. (b). Pub. L. 105-98, Sec. 2(a)(2), substituted "$182" for
    "$166".
      Subsec. (c). Pub. L. 105-98, Sec. 2(a)(3), substituted "$279" for
    "$253".
      Subsec. (d). Pub. L. 105-98, Sec. 2(a)(4), substituted "$399" for
    "$361".
      Subsec. (e). Pub. L. 105-98, Sec. 2(a)(5), substituted "$569" for
    "$515".
      Subsec. (f). Pub. L. 105-98, Sec. 2(a)(6), substituted "$717" for
    "$648".
      Subsec. (g). Pub. L. 105-98, Sec. 2(a)(7), substituted "$905" for
    "$819".
      Subsec. (h). Pub. L. 105-98, Sec. 2(a)(8), substituted "$1,049"
    for "$948".
      Subsec. (i). Pub. L. 105-98, Sec. 2(a)(9), substituted "$1,181"
    for "$1,067".
      Subsec. (j). Pub. L. 105-98, Sec. 2(a)(10), substituted "$1,964"
    for "$1,774".
      Subsec. (k). Pub. L. 105-98, Sec. 2(a)(11), substituted "$75" for
    "$70" in two places and substituted "$2,443" and "$3,426" for
    "$2,207" and "$3,093", respectively.
      Subsec. (l). Pub. L. 105-98, Sec. 2(a)(12), substituted "$2,443"
    for "$2,207".
      Subsec. (m). Pub. L. 105-98, Sec. 2(a)(13), substituted "$2,694"
    for "$2,432".
      Subsec. (n). Pub. L. 105-98, Sec. 2(a)(14), substituted "$3,066"
    for "$2,768".
      Subsecs. (o), (p). Pub. L. 105-98, Sec. 2(a)(15), substituted
    "$3,426" for "$3,093" wherever appearing.
      Subsec. (r). Pub. L. 105-98, Sec. 2(a)(16), substituted "$1,471"
    and "$2,190" for "$1,328" and "$1,978", respectively.
      Subsec. (s). Pub. L. 105-98, Sec. 2(a)(17), substituted "$2,199"
    for "$1,985".
      1993 - Subsec. (a). Pub. L. 103-140, Sec. 2(1), substituted "$87"
    for "$85".
      Pub. L. 103-78, Sec. 1(1), substituted "$85" for "$83".
      Subsec. (b). Pub. L. 103-140, Sec. 2(2), substituted "$166" for
    "$162".
      Pub. L. 103-78, Sec. 1(2), substituted "$162" for "$157".
      Subsec. (c). Pub. L. 103-140, Sec. 2(3), substituted "$253" for
    "$247".
      Pub. L. 103-78, Sec. 1(3), substituted "$247" for "$240".
      Subsec. (d). Pub. L. 103-140, Sec. 2(4), substituted "$361" for
    "$352".
      Pub. L. 103-78, Sec. 1(4), substituted "$352" for "$342".
      Subsec. (e). Pub. L. 103-140, Sec. 2(5), substituted "$515" for
    "$502".
      Pub. L. 103-78, Sec. 1(5), substituted "$502" for "$487".
      Subsec. (f). Pub. L. 103-140, Sec. 2(6), substituted "$648" for
    "$632".
      Pub. L. 103-78, Sec. 1(6), substituted "$632" for "$614".
      Subsec. (g). Pub. L. 103-140, Sec. 2(7), substituted "$819" for
    "$799".
      Pub. L. 103-78, Sec. 1(7), substituted "$799" for "$776".
      Subsec. (h). Pub. L. 103-140, Sec. 2(8), substituted "$948" for
    "$924".
      Pub. L. 103-78, Sec. 1(8), substituted "$924" for "$897".
      Subsec. (i). Pub. L. 103-140, Sec. 2(9), substituted "$1,067" for
    "$1,040".
      Pub. L. 103-78, Sec. 1(9), substituted "$1,040" for "$1,010".
      Subsec. (j). Pub. L. 103-140, Sec. 2(10), substituted "$1,774"
    for "$1,730".
      Pub. L. 103-78, Sec. 1(10), substituted "$1,730" for "$1,680".
      Subsec. (k). Pub. L. 103-140, Sec. 2(11), substituted "$2,207"
    and "$3,093" for "$2,152" and "$3,015", respectively.
      Pub. L. 103-78, Sec. 1(11), which directed the substitution of
    "$70" for "$68", was executed by making the substitution in two
    places to reflect the probable intent of Congress.
      Pub. L. 103-78, Sec. 1(11), substituted "$2,152" and "$3,015" for
    "$2,089" and "$2,927", respectively.
      Subsec. (l). Pub. L. 103-140, Sec. 2(12), substituted "$2,207"
    for "$2,152".
      Pub. L. 103-78, Sec. 1(12), substituted "$2,152" for "$2,089".
      Subsec. (m). Pub. L. 103-140, Sec. 2(13), substituted "$2,432"
    for "$2,371".
      Pub. L. 103-78, Sec. 1(13), substituted "$2,371" for "$2,302".
      Subsec. (n). Pub. L. 103-140, Sec. 2(14), substituted "$2,768"
    for "$2,698".
      Pub. L. 103-78, Sec. 1(14), substituted "$2,698" for "$2,619".
      Subsec. (o). Pub. L. 103-140, Sec. 2(15), substituted "$3,093"
    for "$3,015".
      Pub. L. 103-78, Sec. 1(15), substituted "$3,015" for "$2,927".
      Subsec. (p). Pub. L. 103-140, Sec. 2(15), substituted "$3,093"
    for "$3,015" wherever appearing.
      Pub. L. 103-78, Sec. 1(15), substituted "$3,015" for "$2,927"
    wherever appearing.
      Subsec. (r). Pub. L. 103-140, Sec. 2(16), substituted "$1,328"
    for "$1,295" in par. (1) and "$1,978" for "$1,928" in par. (2).
      Pub. L. 103-78, Sec. 1(16), substituted "$1,295" for "$1,257" in
    par. (1) and "$1,928" for "$1,872" in par. (2).
      Subsec. (s). Pub. L. 103-140, Sec. 2(17), substituted "$1,985"
    for "$1,935".
      Pub. L. 103-78, Sec. 1(17), substituted "$1,935" for "$1,879".
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 314 of this
    title as this section.
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310" in
    introductory provisions.
      Subsec. (a). Pub. L. 102-152, Sec. 2(a)(1), substituted "$83" for
    "$80".
      Pub. L. 102-3, Sec. 2(a)(1), substituted "$80" for "$76".
      Subsec. (b). Pub. L. 102-152, Sec. 2(a)(2), substituted "$157"
    for "$151".
      Pub. L. 102-3, Sec. 2(a)(2), substituted "$151" for "$144".
      Subsec. (c). Pub. L. 102-152, Sec. 2(a)(3), substituted "$240"
    for "$231".
      Pub. L. 102-3, Sec. 2(a)(3), substituted "$231" for "$220".
      Subsec. (d). Pub. L. 102-152, Sec. 2(a)(4), substituted "$342"
    for "$330".
      Pub. L. 102-3, Sec. 2(a)(4), substituted "$330" for "$314".
      Subsec. (e). Pub. L. 102-152, Sec. 2(a)(5), substituted "$487"
    for "$470".
      Pub. L. 102-3, Sec. 2(a)(5), substituted "$470" for "$446".
      Subsec. (f). Pub. L. 102-152, Sec. 2(a)(6), substituted "$614"
    for "$592".
      Pub. L. 102-3, Sec. 2(a)(6), substituted "$592" for "$562".
      Subsec. (g). Pub. L. 102-152, Sec. 2(a)(7), substituted "$776"
    for "$748".
      Pub. L. 102-3, Sec. 2(a)(7), substituted "$748" for "$710".
      Subsec. (h). Pub. L. 102-152, Sec. 2(a)(8), substituted "$897"
    for "$865".
      Pub. L. 102-3, Sec. 2(a)(8), substituted "$865" for "$821".
      Subsec. (i). Pub. L. 102-152, Sec. 2(a)(9), substituted "$1,010"
    for "$974".
      Pub. L. 102-3, Sec. 2(a)(9), substituted "$974" for "$925".
      Subsec. (j). Pub. L. 102-152, Sec. 2(a)(10), substituted "$1,680"
    for "$1,620".
      Pub. L. 102-3, Sec. 2(a)(10), substituted "$1,620" for "$1,537".
      Subsec. (k). Pub. L. 102-152, Sec. 2(a)(11), substituted "$68"
    for "$66" in two places and "$2,089" and "$2,927" for "$2,014" and
    "$2,823", respectively.
      Pub. L. 102-3, Sec. 2(a)(11), substituted "$2,014" for "$1,911"
    and "$2,823" for "$2,679".
      Subsec. (l). Pub. L. 102-152, Sec. 2(a)(12), substituted "$2,089"
    for "$2,014".
      Pub. L. 102-3, Sec. 2(a)(12), substituted "$2,014" for "$1,911".
      Subsec. (m). Pub. L. 102-152, Sec. 2(a)(13), substituted "$2,302"
    for "$2,220".
      Pub. L. 102-3, Sec. 2(a)(13), substituted "$2,220" for "$2,107".
      Subsec. (n). Pub. L. 102-152, Sec. 2(a)(14), substituted "$2,619"
    for "$2,526".
      Pub. L. 102-3, Sec. 2(a)(14), substituted "$2,526" for "$2,397".
      Subsec. (o). Pub. L. 102-152, Sec. 2(a)(15), substituted "$2,927"
    for "$2,823".
      Pub. L. 102-3, Sec. 2(a)(15), substituted "$2,823" for "$2,679".
      Subsec. (p). Pub. L. 102-152, Sec. 2(a)(15), substituted "$2,927"
    for "$2,823" wherever appearing.
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator" wherever appearing.
      Pub. L. 102-3, Sec. 2(a)(15), substituted "$2,823" for "$2,679"
    wherever appearing.
      Subsec. (r). Pub. L. 102-152, Sec. 2(a)(16), substituted "$1,257"
    for "$1,212" in par. (1) and "$1,872" for "$1,805" in par. (2).
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1134" for "334" in
    last sentence.
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator" in par. (2).
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration" in penultimate sentence.
      Pub. L. 102-40 substituted "5503(e)" for "3203(e)" in
    introductory provisions.
      Pub. L. 102-3, Sec. 2(a)(16), substituted "$1,212" for "$1,150"
    in par. (1) and "$1,805" for "$1,713" in par. (2).
      Subsec. (s). Pub. L. 102-152, Sec. 2(a)(17), substituted "$1,879"
    for "$1,812".
      Pub. L. 102-3, Sec. 2(a)(17), substituted "$1,812" for "$1,720".
      1989 - Subsec. (a). Pub. L. 101-237, Sec. 101(a)(1), substituted
    "$76" for "$73".
      Subsec. (b). Pub. L. 101-237, Sec. 101(a)(2), substituted "$144"
    for "$138".
      Subsec. (c). Pub. L. 101-237, Sec. 101(a)(3), substituted "$220"
    for "$210".
      Subsec. (d). Pub. L. 101-237, Sec. 101(a)(4), substituted "$314"
    for "$300".
      Subsec. (e). Pub. L. 101-237, Sec. 101(a)(5), substituted "$446"
    for "$426".
      Subsec. (f). Pub. L. 101-237, Sec. 101(a)(6), substituted "$562"
    for "$537".
      Subsec. (g). Pub. L. 101-237, Sec. 101(a)(7), substituted "$710"
    for "$678".
      Subsec. (h). Pub. L. 101-237, Sec. 101(a)(8), substituted "$821"
    for "$784".
      Subsec. (i). Pub. L. 101-237, Sec. 101(a)(9), substituted "$925"
    for "$883".
      Subsec. (j). Pub. L. 101-237, Sec. 101(a)(10), substituted
    "$1,537" for "$1,468".
      Subsec. (k). Pub. L. 101-237, Sec. 101(a)(11), substituted "$66"
    for "$63" in two places and substituted "$1,911" and "$2,679" for
    "$1,825" and "$2,559", respectively.
      Subsec. (l). Pub. L. 101-237, Sec. 101(a)(12), substituted
    "$1,911" for "$1,825".
      Subsec. (m). Pub. L. 101-237, Sec. 101(a)(13), substituted
    "$2,107" for "$2,012".
      Subsec. (n). Pub. L. 101-237, Sec. 101(a)(14), substituted
    "$2,397" for "$2,289".
      Subsecs. (o), (p). Pub. L. 101-237, Sec. 101(a)(15), substituted
    "$2,679" for "$2,559" wherever appearing.
      Subsec. (r). Pub. L. 101-237, Sec. 101(a)(16), substituted
    "$1,150" and "$1,713" for "$1,098" and "$1,636", respectively.
      Subsec. (s). Pub. L. 101-237, Sec. 101(a)(17), substituted
    "$1,720" for "$1,643".
      1988 - Subsec. (a). Pub. L. 100-687, Sec. 1101(a)(1), substituted
    "$73" for "$71".
      Subsec. (b). Pub. L. 100-687, Sec. 1101(a)(2), substituted "$138"
    for "$133".
      Subsec. (c). Pub. L. 100-687, Sec. 1101(a)(3), substituted "$210"
    for "$202".
      Subsec. (d). Pub. L. 100-687, Sec. 1101(a)(4), substituted "$300"
    for "$289".
      Subsec. (e). Pub. L. 100-687, Sec. 1101(a)(5), substituted "$426"
    for "$410".
      Subsec. (f). Pub. L. 100-687, Sec. 1101(a)(6), substituted "$537"
    for "$516".
      Subsec. (g). Pub. L. 100-687, Sec. 1101(a)(7), substituted "$678"
    for "$652".
      Subsec. (h). Pub. L. 100-687, Sec. 1101(a)(8), substituted "$784"
    for "$754".
      Subsec. (i). Pub. L. 100-687, Sec. 1101(a)(9), substituted "$883"
    for "$849".
      Subsec. (j). Pub. L. 100-687, Sec. 1101(a)(10), substituted
    "$1,468" for "$1,411".
      Subsec. (k). Pub. L. 100-687, Sec. 1101(a)(11), substituted
    "$1,825" and "$2,559" for "$1,754" and "$2,459", respectively.
      Subsec. (l). Pub. L. 100-687, Sec. 1101(a)(12), substituted
    "$1,825" for "$1,754".
      Subsec. (m). Pub. L. 100-687, Sec. 1101(a)(13), substituted
    "$2,012" for "$1,933".
      Subsec. (n). Pub. L. 100-687, Sec. 1101(a)(14), substituted
    "$2,289" for "$2,199".
      Subsecs. (o), (p). Pub. L. 100-687, Sec. 1101(a)(15), substituted
    "$2,559" for "$2,459" wherever appearing.
      Subsec. (r). Pub. L. 100-687, Sec. 1101(a)(16), substituted
    "$1,098" and "$1,636" for "$1,055" and "$1,572", respectively.
      Subsec. (s). Pub. L. 100-687, Sec. 1101(a)(17), substituted
    "$1,643" for "$1,579".
      1987 - Subsec. (a). Pub. L. 100-227, Sec. 101(a)(1), substituted
    "$71" for "$69".
      Subsec. (b). Pub. L. 100-227, Sec. 101(a)(2), substituted "$133"
    for "$128".
      Subsec. (c). Pub. L. 100-227, Sec. 101(a)(3), substituted "$202"
    for "$194".
      Subsec. (d). Pub. L. 100-227, Sec. 101(a)(4), substituted "$289"
    for "$278".
      Subsec. (e). Pub. L. 100-227, Sec. 101(a)(5), substituted "$410"
    for "$394".
      Subsec. (f). Pub. L. 100-227, Sec. 101(a)(6), substituted "$516"
    for "$496".
      Subsec. (g). Pub. L. 100-227, Sec. 101(a)(7), substituted "$652"
    for "$626".
      Subsec. (h). Pub. L. 100-227, Sec. 101(a)(8), substituted "$754"
    for "$724".
      Subsec. (i). Pub. L. 100-227, Sec. 101(a)(9), substituted "$849"
    for "$815".
      Subsec. (j). Pub. L. 100-227, Sec. 101(a)(10), substituted
    "$1,411" for "$1,355".
      Subsec. (k). Pub. L. 100-227, Sec. 101(a)(11), substituted
    "$1,754" and "$2,459" for "$1,684" and "$2,360", respectively.
      Subsec. (l). Pub. L. 100-227, Sec. 101(a)(12), substituted
    "$1,754" for "$1,684".
      Subsec. (m). Pub. L. 100-227, Sec. 101(a)(13), substituted
    "$1,933" for "$1,856".
      Subsec. (n). Pub. L. 100-227, Sec. 101(a)(14), substituted
    "$2,199" for "$2,111".
      Subsecs. (o), (p). Pub. L. 100-227, Sec. 101(a)(15), substituted
    "$2,459" for "$2,360" wherever appearing.
      Subsec. (r). Pub. L. 100-227, Sec. 101(a)(16), substituted
    "$1,055" and "$1,572" for "$1,013" and "$1,509", respectively.
      Subsec. (s). Pub. L. 100-227, Sec. 101(a)(17), substituted
    "$1,579" for "$1,516".
      1986 - Subsec. (a). Pub. L. 99-576, Sec. 101(a)(1), substituted
    "$69" for "$68".
      Pub. L. 99-238, Sec. 101(a)(1), substituted "$68" for "$66".
      Subsec. (b). Pub. L. 99-576, Sec. 101(a)(2), substituted "$128"
    for "$126".
      Pub. L. 99-238, Sec. 101(a)(2), substituted "$126" for "$122".
      Subsec. (c). Pub. L. 99-576, Sec. 101(a)(3), substituted "$194"
    for "$191".
      Pub. L. 99-238, Sec. 101(a)(3), substituted "$191" for "$185".
      Subsec. (d). Pub. L. 99-576, Sec. 101(a)(4), substituted "$278"
    for "$274".
      Pub. L. 99-238, Sec. 101(a)(4), substituted "$274" for "$266".
      Subsec. (e). Pub. L. 99-576, Sec. 101(a)(5), substituted "$394"
    for "$388".
      Pub. L. 99-238, Sec. 101(a)(5), substituted "$388" for "$376".
      Subsec. (f). Pub. L. 99-576, Sec. 101(a)(6), substituted "$496"
    for "$489".
      Pub. L. 99-238, Sec. 101(a)(6), substituted "$489" for "$474".
      Subsec. (g). Pub. L. 99-576, Sec. 101(a)(7), substituted "$626"
    for "$617".
      Pub. L. 99-238, Sec. 101(a)(7), substituted "$617" for "$598".
      Subsec. (h). Pub. L. 99-576, Sec. 101(a)(8), substituted "$724"
    for "$713".
      Pub. L. 99-238, Sec. 101(a)(8), substituted "$713" for "$692".
      Subsec. (i). Pub. L. 99-576, Sec. 101(a)(9), substituted "$815"
    for "$803".
      Pub. L. 99-238, Sec. 101(a)(9), substituted "$803" for "$779".
      Subsec. (j). Pub. L. 99-576, Sec. 101(a)(10), substituted
    "$1,355" for "$1,335".
      Pub. L. 99-238, Sec. 101(a)(10), substituted "$1,335" for
    "$1,295".
      Subsec. (k). Pub. L. 99-576, Sec. 101(a)(11), substituted "$63",
    "$1,684", and "$2,360" for "$62", "$1,659", and "$2,325",
    respectively.
      Pub. L. 99-238, Sec. 101(a)(11), substituted "$1,659" and
    "$2,325" for "$1,609" and "$2,255", respectively.
      Subsec. (l). Pub. L. 99-576, Sec. 101(a)(12), substituted
    "$1,684" for "$1,659".
      Pub. L. 99-238, Sec. 101(a)(12), substituted "$1,659" for
    "$1,609".
      Subsec. (m). Pub. L. 99-576, Sec. 101(a)(13), substituted
    "$1,856" for "$1,829".
      Pub. L. 99-238, Sec. 101(a)(13), substituted "$1,829" for
    "$1,774".
      Subsec. (n). Pub. L. 99-576, Sec. 101(a)(14), substituted
    "$2,111" for "$2,080".
      Pub. L. 99-238, Sec. 101(a)(14), substituted "$2,080" for
    "$2,017".
      Subsecs. (o), (p). Pub. L. 99-576, Sec. 101(a)(15), substituted
    "$2,360" for "$2,325" wherever appearing.
      Pub. L. 99-238, Sec. 101(a)(15), substituted "$2,325" for
    "$2,255" wherever appearing.
      Subsec. (r). Pub. L. 99-576, Sec. 101(a)(16), substituted
    "$1,013" and "$1,509" for "$998" and "$1,487", respectively.
      Pub. L. 99-238, Sec. 101(a)(16), substituted "$998" and "$1,487"
    for "$968" and "$1,442", respectively.
      Subsec. (s). Pub. L. 99-576, Sec. 101(a)(17), substituted
    "$1,516" for "$1,494".
      Pub. L. 99-238, Sec. 101(a)(17), substituted "$1,494" for
    "$1,449".
      Subsec. (t). Pub. L. 99-576, Sec. 109(b), struck out subsec. (t)
    which read as follows:
      "(1) If the veteran (A) is entitled to receive compensation at
    any rate provided for under subsections (a) through (i) of this
    section and compensation under subsection (k) of this section, (B)
    has suffered the loss or loss of use of an extremity as a result of
    a service-connected disability ratable at 40 percent or more, and
    (C) has suffered the loss or loss of use of the paired extremity as
    a result of a non-service-connected disability, not the result of
    the veteran's own willful misconduct, that would be rated, if
    service-connected, at 40 percent or more, the monthly rate of
    compensation payable to such veteran shall be increased by $289.
      "(2) If a veteran described in paragraph (1) of this subsection
    receives any money or property of value pursuant to an award in a
    judicial proceeding based upon, or a settlement or compromise of,
    any cause of action for damages for the non-service-connected
    disability described in such paragraph, the increase in the rate of
    compensation otherwise payable under this subsection shall not be
    paid for any month following a month in which any such money or
    property is received until such time as the total of the amount of
    such increase that would otherwise have been payable equals the
    total of the amount of any such money received and the fair market
    value of any such property received."
      Pub. L. 99-238, Sec. 101(a)(18), substituted "$289" for "$280" in
    par. (1).
      1984 - Subsec. (a). Pub. L. 98-543, Sec. 101(a)(1), substituted
    "$66" for "$64".
      Pub. L. 98-223, Sec. 101(a)(1), substituted "$64" for "$62".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (b). Pub. L. 98-543, Sec. 101(a)(2), substituted "$122"
    for "$118".
      Pub. L. 98-223, Sec. 101(a)(2), substituted "$118" for "$114".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (c). Pub. L. 98-543, Sec. 101(a)(3), substituted "$185"
    for "$179".
      Pub. L. 98-223, Sec. 101(a)(3), substituted "$179" for "$173".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (d). Pub. L. 98-543, Sec. 101(a)(4), substituted "$266"
    for "$258".
      Pub. L. 98-223, Sec. 101(a)(4), substituted "$258" for "$249".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (e). Pub. L. 98-543, Sec. 101(a)(5), substituted "376"
    for "364".
      Pub. L. 98-223, Sec. 101(a)(5), substituted "$364" for "$352".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (f). Pub. L. 98-543, Sec. 101(a)(6), substituted "$474"
    for "$459".
      Pub. L. 98-223, Sec. 101(a)(6), substituted "$459" for "$443".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (g). Pub. L. 98-543, Sec. 101(a)(7), substituted "$598"
    for "$579".
      Pub. L. 98-223, Sec. 101(a)(7), substituted "$579" for "$559".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (h). Pub. L. 98-543, Sec. 101(a)(8), substituted "$692"
    for "$671".
      Pub. L. 98-223, Sec. 101(a)(8), substituted "$671" for "$648".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (i). Pub. L. 98-543, Sec. 101(a)(9), substituted "$779"
    for "$755".
      Pub. L. 98-223, Sec. 101(a)(9), substituted "$755" for "$729".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (j). Pub. L. 98-543, Sec. 101(a)(10), substituted
    "$1,295" for "$1,255".
      Pub. L. 98-223, Sec. 101(a)(10), substituted "$1,255" for
    "$1,213".
      Subsec. (k). Pub. L. 98-543, Sec. 101(a)(11), substituted
    "$1,609" and "$2,255" for "$1,559" and "$2,185", respectively.
      Pub. L. 98-223, Sec. 101(a)(11), substituted "$1,559" and
    "$2,185" for "$1,506" and "$2,111", respectively.
      Subsec. (l). Pub. L. 98-543, Sec. 101(a)(12), substituted
    "$1,609" for "$1,559".
      Pub. L. 98-223, Sec. 101(a)(12), substituted "$1,559" for
    "$1,506".
      Subsec. (m). Pub. L. 98-543, Sec. 101(a)(13), substituted
    "$1,774" for "$1,719".
      Pub. L. 98-223, Sec. 101(a)(13), substituted "$1,719" for
    "$1,661".
      Subsec. (n). Pub. L. 98-543, Sec. 101(a)(14), substituted
    "$2,017" for "$1,954".
      Pub. L. 98-223, Sec. 101(a)(14), substituted "$1,954" for
    "$1,888".
      Subsec. (o). Pub. L. 98-543, Sec. 101(a)(15), substituted
    "$2,255" for "$2,185".
      Pub. L. 98-223, Sec. 101(a)(15), substituted "$2,185" for
    "$2,111".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Pub. L. 98-223, Sec. 112(a), inserted "or if the veteran has
    suffered service-connected total deafness in one ear or bilateral
    deafness (and the hearing impairment in either one or both ears is
    service connected) rated at 40 percent or more disabling and the
    veteran has also suffered service-connected blindness having only
    light perception or less," after "5/200 visual acuity or less,".
      Subsec. (p). Pub. L. 98-543, Sec. 101(a)(15), substituted
    "$2,255" for "$2,185" in four places.
      Pub. L. 98-223, Sec. 101(a)(15), substituted "$2,185" for
    "$2,111" in three places.
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Pub. L. 98-223, Sec. 112(b)(1), substituted "30" for "40" in cl.
    (1).
      Pub. L. 98-223, Sec. 112(b)(2), inserted provision authorizing
    the Administrator to allow the next intermediate rate, but in no
    event in excess of $2,185, in the event the veteran has suffered
    service-connected blindness, having only light perception or less,
    and has also suffered bilateral deafness, and the hearing
    impairment in either one or both ears is service connected, rated
    at 10 to 20 percent disabling.
      Subsec. (r). Pub. L. 98-543, Sec. 101(a)(16), substituted "$968"
    and "$1,442" for "$938" and "$1,397", respectively.
      Pub. L. 98-223, Sec. 101(a)(16), substituted "$938" and "$1,397"
    for "$906" and "$1,350", respectively.
      Subsec. (s). Pub. L. 98-543, Sec. 101(a)(17), substituted
    "$1,449" for "$1,404".
      Pub. L. 98-223, Sec. 101(a)(17), substituted "$1,404" for
    "$1,357".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum".
      Subsec. (t)(1). Pub. L. 98-543, Sec. 101(a)(18), substituted
    "$280" for "$271".
      Pub. L. 98-223, Sec. 101(a)(18), substituted "$271" for "$262".
      Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per
    centum" in two places.
      1982 - Subsec. (a). Pub. L. 97-306, Secs. 101(a)(1), 107, 108,
    substituted "$62" for "$58", and repealed amendment made by Pub. L.
    97-253, Sec. 405(b)(1), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(1), (h), eff. Jan. 1, 1983,
    substituted "$57" for "$58".
      Subsec. (b). Pub. L. 97-306, Sec. 101(a)(2), substituted "$114"
    for "$107".
      Subsec. (c). Pub. L. 97-306, Secs. 101(a)(3), 107, 108,
    substituted "$173" for "$162", and repealed amendment made by Pub.
    L. 97-253, Sec. 405(b)(2), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(2), (h), eff. Jan. 1, 1983,
    substituted "$161" for "$162".
      Subsec. (d). Pub. L. 97-306, Sec. 101(a)(4), substituted "$249"
    for "$232".
      Subsec. (e). Pub. L. 97-306, Sec. 101(a)(5), substituted "$352"
    for "$328".
      Subsec. (f). Pub. L. 97-306, Secs. 101(a)(6), 107, 108,
    substituted "$443" for "$413", and repealed amendment made by Pub.
    L. 97-253, Sec. 405(b)(3), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(3), (h), eff. Jan. 1, 1983,
    substituted "$412" for "$413".
      Subsec. (g). Pub. L. 97-306, Sec. 101(a)(7), substituted "$559"
    for "$521".
      Subsec. (h). Pub. L. 97-306, Secs. 101(a)(8), 107, 108,
    substituted "$648" for "$604", and repealed amendment made by Pub.
    L. 97-253, Sec. 405(b)(4), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(4), (h), eff. Jan. 1, 1983,
    substituted "$603" for "$604".
      Subsec. (i). Pub. L. 97-306, Sec. 101(a)(9), substituted "$729"
    for "$679".
      Subsec. (j). Pub. L. 97-306, Sec. 101(a)(10), substituted
    "$1,213" for "$1,130".
      Subsec. (k). Pub. L. 97-306, Secs. 101(a)(11), 107, 108,
    substituted "$1,506" for "$1,403" and "$2,111" for "$1,966", and
    repealed amendment made by Pub. L. 97-253, Sec. 405(b)(5), eff.
    Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(5), (h), eff. Jan. 1, 1983,
    substituted "$61" for "$62", "$1,402" for "$1,403", "$61" for
    "$62", and "$1,965" for "$1,966".
      Subsec. (l). Pub. L. 97-306, Secs. 101(a)(12), 107, 108,
    substituted "$1,506" for "$1,403", and repealed amendment made by
    Pub. L. 97-253, Sec. 405(b)(6), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(6), (h), eff. Jan. 1, 1983,
    substituted "$1,402" for "$1,403".
      Subsec. (m). Pub. L. 97-306, Secs. 101(a)(13), 107, 108,
    substituted "$1,661" for "$1,547", and repealed amendment made by
    Pub. L. 97-253, Sec. 405(b)(7), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(7), (h), eff. Jan. 1, 1983,
    substituted "$1,546" for "$1,547".
      Subsec. (n). Pub. L. 97-306, Secs. 101(a)(14), 107, 108, 111(a),
    inserted "or has suffered blindness without light perception in
    both eyes," after "anatomical loss of both eyes,", substituted
    "$1,888" for "$1,758", and repealed amendment made by Pub. L. 97-
    253, Sec. 405(b)(8), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(8), (h), eff. Jan. 1, 1983,
    substituted "$1,757" for "$1,758".
      Subsec. (o). Pub. L. 97-306, Secs. 101(a)(15), 107, 108,
    substituted "$2,111" for "$1,966", and repealed amendment made by
    Pub. L. 97-253, Sec. 405(b)(9), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983,
    substituted "$1,965" for "$1,966".
      Subsec. (p). Pub. L. 97-306, Secs. 101(a)(15), 107, 108, 111(b),
    substituted "$2,111" for "$1,966" wherever appearing, inserted "or
    service-connected anatomical loss or loss of use of one hand or one
    foot" after "in one ear", and repealed amendment made by Pub. L. 97-
    253, Sec. 405(b)(9), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983,
    substituted "$1,965" for "$1,966" wherever appearing.
      Pub. L. 97-253, Sec. 404(a), inserted "down" after "arithmetic
    mean, rounded".
      Subsec. (r). Pub. L. 97-306, Secs. 101(a)(16), 107, 108,
    substituted "$906" for "$844" in par. (1), "$1,350" for "$1,257" in
    par. (2), and repealed amendment made by Pub. L. 97-253, Sec.
    405(b)(10), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(10), (h), eff. Jan. 1, 1983,
    substituted "$843" for "$844" in par. (1), and "$1,256" for
    "$1,257" in par. (2).
      Subsec. (s). Pub. L. 97-306, Secs. 101(a)(17), 107, 108,
    substituted "$1,357" for "$1,264", and repealed amendment made by
    Pub. L. 97-253, Sec. 405(b)(11), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(11), (h), eff. Jan. 1, 1983,
    substituted "$1,263" for "$1,264".
      Subsec. (t)(1). Pub. L. 97-306, Secs. 101(a)(18), 107, 108,
    substituted "$262" for "$244", and repealed amendment made by Pub.
    L. 97-253, Sec. 405(b)(12), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(b)(12), (h), eff. Jan. 1, 1983,
    substituted "$243" for "$244".
      1981 - Subsecs. (a) to (k). Pub. L. 97-66, Sec. 101(a)(1)-(11),
    increased compensation in subsec. (a) from $54 to $58, subsec. (b)
    from $99 to $107, subsec. (c) from $150 to $162, subsec. (d) from
    $206 to $232, subsec. (e) from $291 to $328, subsec. (f) from $367
    to $413, subsec. (g) from $434 to $521, subsec. (h) from $503 to
    $604, subsec. (i) from $566 to $679, subsec. (j) from $1,016 to
    $1,130, and subsec. (k) from $1,262 to $1,403 and from $1,768 to
    $1,966.
      Subsec. (l). Pub. L. 97-66, Secs. 101(a)(12), 104(1), substituted
    "loss of use of both feet" for "loss of use of both hands, or both
    feet" and "$1,403" for "$1,262".
      Subsec. (m). Pub. L. 97-66, Secs. 101(a)(13), 104(2), substituted
    "both hands, or of both legs at a level, or with complications,
    preventing natural knee action with prostheses in place, or of one
    arm and one leg at levels, or with complications, preventing
    natural elbow and knee action with prostheses" for "two extremities
    at a level, or with complications, preventing natural elbow or knee
    action with prosthesis" and "$1,547" for "$1,391".
      Subsec. (n). Pub. L. 97-66, Secs. 101(a)(14), 104(3), substituted
    "or loss of use of both arms at levels, or with complications,
    preventing natural elbow action with prostheses in place, has
    suffered the anatomical loss of both legs so near the hip as to
    prevent the use of prosthetic appliances, or has suffered the
    anatomical loss of one arm and one leg so near the shoulder and hip
    as to prevent the use of prosthetic appliances," for "of two
    extremities so near the shoulder or hip as to prevent the use of a
    prosthetic appliance" and "$1,758" for "$1,581".
      Subsec. (o). Pub. L. 97-66, Secs. 101(a)(15), 104(4), substituted
    "visual acuity or less, or if the veteran has suffered the
    anatomical loss of both arms so near the shoulder as to prevent the
    use of prosthetic appliances, the monthly compensation shall be
    $1,966" for "visual acuity or less, the monthly compensation shall
    be $1,768".
      Subsec. (p). Pub. L. 97-66, Sec. 101(a)(15), substituted "$1,966"
    for "$1,768" in three places.
      Subsec. (r). Pub. L. 97-66, Sec. 101(a)(16), substituted "$844"
    for "$759" in cl. (1) and "$1,257" for "$1,130" in cl. (2).
      Subsec. (s). Pub. L. 97-66, Sec. 101(a)(17), increased
    compensation from $1,137 to $1,264.
      Subsec. (t)(1). Pub. L. 97-66, Sec. 101(a)(18), increased
    compensation from $219 to $244.
      1980 - Subsecs. (a) to (o). Pub. L. 96-385, Sec. 101(a)(1)-(15),
    increased compensation in subsec. (a) from $48 to $54, subsec. (b)
    from $88 to $99, subsec. (c) from $133 to $150, subsec. (d) from
    $182 to $206, subsec. (e) from $255 to $291, subsec. (f) from $321
    to $367, subsec. (g) from $380 to $434, subsec. (h) from $440 to
    $503, subsec. (i) from $495 to $566, subsec. (j) from $889 to
    $1,016, subsec. (k) from $1,104 and $1,547 to $1,262 and $1,768,
    subsec. (l) from $1,104 to $1,262, subsec. (m) from $1,217 to
    $1,391, subsec. (n) from $1,383 to $1,581, subsec. (o) from $1,547
    to $1,768.
      Subsec. (p). Pub. L. 96-385, Sec. 101(a)(15), substituted
    "$1,768" for "$1,547" in three places.
      Subsec. (r). Pub. L. 96-385, Sec. 101(a)(16), substituted "$759"
    for "$664" in cl. (1) and "$1,130" for "$989" in cl. (2).
      Subsec. (s). Pub. L. 96-385, Sec. 101(a)(17), increased
    compensation from $995 to $1,137.
      Subsec. (t)(1). Pub. L. 96-385, Sec. 101(a)(18), increased
    compensation from $192 to $219.
      1979 - Subsecs. (a) to (o). Pub. L. 96-128, Sec. 101(a)(1)-(15),
    increased compensation in subsec. (a) from $44 to $48, subsec. (b)
    from $80 to $88, subsec. (c) from $121 to $133, subsec. (d) from
    $166 to $182, subsec. (e) from $232 to $255, subsec. (f) from $292
    to $321, subsec. (g) from $346 to $380, subsec. (h) from $400 to
    $440, subsec. (i) from $450 to $495, subsec. (j) from $809 to $889,
    subsec. (k) from $56 to $62, from $1,005 to $1,104, and from $1,408
    to $1,547, subsec. (l) from $1,005 to $1,104, subsec. (m) from
    $1,107 to $1,217, subsec. (n) from $1,258 to $1,383, and subsec.
    (o) from $1,408 to $1,547.
      Subsec. (p). Pub. L. 96-128, Secs. 101(a)(15), 105, inserted
    provisions respecting the establishment of any intermediate rate,
    and substituted "$1,547" for "$1,408" wherever appearing.
      Subsec. (r). Pub. L. 96-128, Secs. 101(a)(16), 104, inserted
    provisions relating to intermediate rates and struck out reference
    to subsections (o) or (p) of this section in introductory text,
    substituted "$664" for "$604" in cl. (1), and substituted "$989"
    for "$900" in cl. (2).
      Subsec. (s). Pub. L. 96-128, Sec. 101(a)(17), increased
    compensation from $905 to $995.
      Subsec. (t)(1). Pub. L. 96-128, Sec. 101(a)(18), increased
    compensation from $175 to $192.
      1978 - Subsecs. (a) to (o). Pub. L. 95-479, Sec. 101(a)(1)-(15),
    increased compensation in subsec. (a) from $41 to $44, subsec. (b)
    from $75 to $80, in subsec. (c) from $113 to $121, in subsec. (d)
    from $155 to $166, in subsec. (e) from $216 to $232, in subsec. (f)
    from $272 to $292, in subsec. (g) from $322 to $346, in subsec. (h)
    from $373 to $400, in subsec. (i) from $419 to $450, in subsec. (j)
    from $754 to $809, in subsec. (k) from $937 and $1,312 to $1,005
    and $1,408, respectively, in subsec. (l) from $937 to $1,005, in
    subsec. (m) from $1,032 to $1,107, in subsec. (n) from $1,172 to
    $1,258, and in subsec. (o) from $1,312 to $1,408.
      Subsec. (p). Pub. L. 95-479, Sec. 101(a)(15), (b), substituted
    "$1,408" for "$1,312" in two places, and inserted provision
    allowing next higher rate or intermediate rate but in no event in
    excess of $1,408 in event veteran has suffered anatomical loss or
    loss of use, or a combination thereof, of three extremities.
      Subsec. (r). Pub. L. 95-479, Sec. 101(c), raised the monthly aid
    and attendance allowance from $563 to $604, and inserted provisions
    relating to need of higher level of care.
      Subsec. (s). Pub. L. 95-479, Sec. 101(a)(16), substituted "$905"
    for "$843".
      Subsec. (t). Pub. L. 95-479, Sec. 101(d), added subsec. (t).
      1977 - Subsecs. (a) to (p), (r), (s). Pub. L. 95-117 increased
    compensation in subsec. (a) from $38 to $41, subsec. (b) from $70
    to $75, subsec. (c) from $106 to $113, subsec. (d) from $145 to
    $155, subsec. (e) from $203 to $216, subsec. (f) from $255 to $272,
    subsec. (g) from $302 to $322, subsec. (h) from $350 to $373,
    subsec. (i) from $393 to $419, subsec. (j) from $707 to $754,
    subsec. (k) from $879 and $1,231 to $937 and $1,312, respectively,
    subsec. (l) from $879 to $937, subsec. (m) from $968 to $1,032,
    subsec. (n) from $1,099 to $1,172, subsec. (o) from $1,231 to
    $1,312, subsec. (p) from $1,231 to $1,312, subsec. (r) from $528 to
    $563, and subsec. (s) from $791 to $843.
      1976 - Subsecs. (a) to (l). Pub. L. 94-433, Sec. 101(a)(1)-(12),
    increased compensation in subsec. (a) from $35 to $38, subsec. (b)
    from $65 to $70, subsec. (c) from $98 to $106, subsec. (d) from
    $134 to $145, subsec. (e) from $188 to $203, subsec. (f) from $236
    to $255, subsec. (g) from $280 to $302, subsec. (h) from $324 to
    $350, subsec. (i) from $364 to $393, subsec. (j) from $655 to $707,
    subsec. (k) from $52, $814, and $1,139 to $56, $879, and $1,231,
    respectively, and subsec. (l) from $814 to $879.
      Subsec. (m). Pub. L. 94-433, Sec. 101(a)(13), 404(6), increased
    compensation from $896 to $968 and substituted "such veteran" for
    "him", respectively.
      Subsec. (n). Pub. L. 94-433, Sec. 101(a)(14), increased
    compensation from $1,018 to $1,099.
      Subsec. (o). Pub. L. 94-433, Secs. 101(a)(15), 401(4), 404(6),
    increased compensation from $1,139 to $1,231, struck out "in
    combination with total blindness with  5/200  visual acuity or
    less," before "the monthly compensation", and substituted "such
    veteran" for "him", respectively.
      Subsec. (p). Pub. L. 94-433, Secs. 101(a)(15), 404(7), increased
    compensation from $1,139 to $1,231 and struck out ", in his
    discretion," before "may allow", respectively.
      Subsec. (r). Pub. L. 94-433, Secs. 101(a)(16), 401(5), 404(8),
    increased compensation from $489 to $528 and substituted reference
    to section "3203(e)" for "3203(f)" of this title and "such veteran"
    for "he", respectively.
      Subsec. (s). Pub. L. 94-433, Secs. 101(a)(17), 404(8), increased
    compensation from $732 to $791 and substituted "such veteran's" for
    "his" after "by reason of" and before "house", respectively.
      1975 - Subsecs. (a) to (p), (r), (s). Pub. L. 94-71 increased
    compensation in subsec. (a) from $32 to $35, subsec. (b) from $59
    to $65, subsec. (c) from $89 to $98, subsec. (d) from $122 to $134,
    subsec. (e) from $171 to $188, subsec. (f) from $211 to $236,
    subsec. (g) from $250 to $280, subsec. (h) from $289 to $324,
    subsec. (i) from $325 to $364, subsec. (j) from $584 to $655,
    subsec. (k) from $727 and $1,017 to $814 and $1,139 respectively,
    subsec. (l) from $727 to $814, subsec. (m) from $800 to $896,
    subsec. (n) from $909 to $1,018, subsec. (o) from $1,017 to $1,139,
    subsec. (p) from $1,017 to $1,139, subsec. (r) from $437 to $489,
    and subsec. (s) from $654 to $732.
      1974 - Subsecs. (a) to (p), (r), (s). Pub. L. 93-295 increased
    compensation in subsec. (a) from $28 to $32, subsec. (b) from $51
    to $59, subsec. (c) from $77 to $89, subsec. (d) from $106 to $122,
    subsec. (e) from $149 to $171, subsec. (f) from $179 to $211,
    subsec. (g) from $212 to $250, subsec. (h) from $245 to $289,
    subsec. (i) from $275 to $325, subsec. (j) from $495 to $584,
    subsec. (k) from $47, $616 and $862 to $52, $727 and $1,017,
    respectively, subsec. (l) from $616 to $727, subsec. (m) from $678
    to $800, subsec. (n) from $770 to $909, subsec. (o) from $862 to
    $1,017, subsec. (p) from $862 to $1,017, subsec. (r) from $370 to
    $437, and subsec. (s) from $554 to $654.
      1972 - Subsecs. (a) to (p), (r), (s). Pub. L. 92-328 increased
    compensation in subsec. (a) from $25 to $28, subsec. (b) from $46
    to $51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106,
    subsec. (e) from $135 to $149, subsec. (f) from $163 to $179,
    subsec. (g) from $193 to $212, subsec. (h) from $223 to $245,
    subsec. (i) from $250 to $275, subsec. (j) from $450 to $495,
    subsec. (k) from $560 to $616 and $784 to $862, respectively,
    subsec. (l) from $560 to $616, subsec. (m) from $616 to $678,
    subsec. (n) from $700 to $770, subsec. (o) from $784 to $862,
    subsec. (p) from $784 to $862, subsec. (r) from $336 to $370, and
    subsec. (s) from $504 to $554.
      1970 - Subsecs. (a) to (p), (r), (s). Pub. L. 91-376 increased
    compensation in subsec. (a) from $23 to $25, subsec. (b) from $43
    to $46, subsec. (c) from $65 to $70, subsec. (d) from $89 to $96,
    subsec. (e) from $122 to $135, subsec. (f) from $147 to $163,
    subsec. (g) from $174 to $193, subsec. (h) from $201 to $223,
    subsec. (i) from $226 to $250, subsec. (j) from $400 to $450,
    subsec. (k) from $500 and $700 to $560 and $784, respectively,
    subsec. (l) from $500 to $560, subsec. (m) from $550 to $616,
    subsec. (n) from $625 to $700, subsec. (o) from $700 to $784,
    subsec. (p) from $700 to $784, subsec. (r) from $300 to $336, and
    subsec. (s) from $450 to $504.
      1968 - Subsecs. (a) to (p). Pub. L. 90-493, Sec. 1(a)(1)-(14),
    (17), increased compensation in subsec. (a) from $21 to $23,
    subsec. (b) from $40 to $43, subsec. (c) from $60 to $65, subsec.
    (d) from $82 to $89, subsec. (e) from $113 to $122, subsec. (f)
    from $136 to $147, subsec. (g) from $161 to $174, subsec. (h) from
    $186 to $201, subsec. (i) from $209 to $226, subsec. (j) from $300
    to $400, subsec. (k) from $600 and $400 to $700 and $500,
    respectively, subsec. (l) from $400 to $500, subsec. (m) from $450
    to $550, subsec. (n) from $525 to $625, subsec. (o) from $600 to
    $700, and subsec. (p) from $600 to $700.
      Subsec. (q). Pub. L. 90-493, Sec. 4(a), struck out provision that
    if the veteran is shown to have had a service-connected disability
    resulting from an active tuberculous disease, the monthly
    compensation shall be not less than $67, provided that, in the
    judgment of the Administrator, the disease has reached a condition
    of complete arrest.
      Subsecs. (r), (s). Pub. L. 90-493, Sec. 1(a)(15), (16), increased
    compensation in subsec. (r) from $250 to $300, and in subsec. (s)
    from $350 to $450.
      1967 - Subsec. (k). Pub. L. 90-77 substituted "one or more
    creative organs" for "a creative organ" and "in the event the
    veteran has suffered one or more of the disabilities heretofore
    specified in this subsection" for "in the event of anatomical loss
    or loss of use of a creative organ, or one foot, or one hand, or
    both buttocks, or blindness of one eye, having only light
    perception, or has suffered complete organic aphonia with constant
    inability to communicate by speech, or deafness of both ears,
    having absence of air and bone conduction" and inserted following
    "$47 per month" where initially appearing "for each such loss or
    loss of use", reference to subsec. (s) of this section and
    limitation of compensation to $400 per month.
      1965 - Subsecs. (a) to (m). Pub. L. 89-311, Sec. 1(a)(1)-(14),
    increased compensation in subsec. (a) from $20 to $21, subsec. (b)
    from $38 to $40, subsec. (c) from $58 to $60, subsec. (d) from $77
    to $82, subsec. (e) from $107 to $113, subsec. (f) from $128 to
    $136, subsec. (g) from $149 to $161, subsec. (h) from $170 to $186,
    subsec. (i) from $191 to $209, subsec. (j) from $250 to $300,
    subsec. (k) from $525 to $600, subsec. (l) from $340 to $400,
    subsec. (m) from $390 to $450, and subsec. (n) from $440 to $525.
      Subsec. (o). Pub. L. 89-311, Secs. 1(a)(11), 3(d), increased
    compensation from $525 to $600 and relaxed requirement of total
    deafness by requiring only bilateral deafness (if the hearing
    impairment in either one or both ears is service connected) rated
    at 60 per centum or more disabling.
      Subsec. (p). Pub. L. 89-311, Sec. 3(e), increased from $525 to
    $600 the allowable maximum rates when service-connected
    disabilities exceed the requirements for any of the prescribed
    rates and inserted specific reference to an increase to the next
    higher rate in the case of service-connected blindness and
    bilateral deafness and an increase to the next intermediate rate in
    the case of service-connected total deafness in one ear.
      Subsec. (r). Pub. L. 89-311, Sec. 1(a)(15), substituted "$250"
    for "$200".
      Subsec. (s). Pub. L. 89-311, Sec. 1(a)(16), substituted "$350"
    for "$290".
      1963 - Subsec. (k). Pub. L. 88-22 provided increased compensation
    for veterans suffering complete organic aphonia with constant
    inability to communicate by speech.
      Pub. L. 88-20 provided increased compensation for veterans
    suffering deafness of both ears, having absence of air and bone
    conduction.
      1962 - Subsecs. (a) to (p). Pub. L. 87-645, Sec. 1(a)(1)-(14),
    increased monthly compensation in subsec. (a) from $19 to $20,
    subsec. (b) from $36 to $38, subsec. (c) from $55 to $58, subsec.
    (d) from $73 to $77, subsec. (e) from $100 to $107, subsec. (f)
    from $120 to $128, subsec. (g) from $140 to $149, subsec. (h) from
    $160 to $170, subsec. (i) from $179 to $191, subsec. (j) from $225
    to $250, subsec. (k) from $450 to $525, subsec. (l) from $309 to
    $340, subsec. (m) from $359 to $390, subsec. (n) from $401 to $440,
    and subsec. (o) and (p) from $450 to $525.
      Subsec. (r). Pub. L. 87-645, Secs. 1(a)(15), 2(a), increased
    monthly compensation from $150 to $200, and substituted ", subject
    to the limitations of section 3203(f) of this title" for "for all
    periods during which he is not hospitalized at Government expense".
      Subsec. (s). Pub. L. 87-645, Sec. 1(a)(16), increased monthly
    compensation from $265 to $290.
      1960 - Subsec. (s). Pub. L. 86-663 added subsec. (s).
      1958 - Subsec. (r). Pub. L. 85-782 added subsec. (r).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-111, Sec. 2(f), Nov. 22, 2005, 119 Stat. 2364,
    provided that: "The amendments made by this section [amending this
    section and sections 1115, 1162, 1311, 1313, and 1314 of this
    title] shall take effect on December 1, 2005."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-94, Sec. 7, Dec. 21, 2001, 115 Stat. 902, provided
    that: "The amendments made by this Act [amending this section and
    sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take
    effect on December 1, 2001."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-118, Sec. 7, Nov. 30, 1999, 113 Stat. 1603, provided
    that: "The amendments made by this Act [amending this section and
    sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take
    effect on December 1, 1999."

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 7 of Pub. L. 105-98 provided that: "The amendments made
    by this Act [amending this section and sections 1115, 1162, 1311,
    1313, and 1314 of this title] shall take effect on December 1,
    1997."

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 7 of Pub. L. 103-140 provided that: "The amendments made
    by this Act [amending this section and sections 1115, 1162, 1311,
    1313, and 1314 of this title] shall take effect on December 1,
    1993."

                     EFFECTIVE DATE OF 1991 AMENDMENTS                 
      Section 7 of Pub. L. 102-152 provided that: "The amendments made
    by this Act [amending this section and sections 1115, 1162, 1311,
    1313, and 1314 of this title] shall take effect on December 1,
    1991."
      Section 7 of Pub. L. 102-3 provided that: "Section 2(b) [set out
    as a note below] and the amendments made by this Act [amending this
    section and sections 315, 362, 411, 413, and 414 [now 1115, 1162,
    1311, 1313, and 1314] of this title] shall take effect as of
    January 1, 1991."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 106 of Pub. L. 101-237 provided that: "The amendments
    made by this part [part A (Secs. 101-106) of title I of Pub. L. 101-
    237, amending this section and sections 315, 362, 411, 413, and
    414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall
    take effect on December 1, 1989."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 1106 of title XI of Pub. L. 100-687 provided that: "The
    amendments made by this title [amending this section and sections
    315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]
    of this title, and enacting provisions set out as a note below]
    shall take effect on December 1, 1988."

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 107 of title I of Pub. L. 100-227 provided that: "The
    amendments made by this title [amending this section and sections
    315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]
    of this title and enacting provisions set out as notes under this
    section and section 101 of this title] shall take effect as of
    December 1, 1987."

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 107 of Pub. L. 99-576 provided that: "The amendments made
    by sections 101 through 106 [amending this section and sections
    315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]
    of this title] shall take effect on December 1, 1986, except that
    such amendments shall not take effect unless benefit amounts
    payable under title II of the Social Security Act (42 U.S.C. 401 et
    seq.) are increased effective December 1, 1986, as a result of a
    determination under section 215(i) of such Act (42 U.S.C 415(i))."
      Amendment by section 109(b) of Pub. L. 99-576 effective Oct. 28,
    1986, see section 109(c)(1) of Pub. L. 99-576, set out as a note
    under section 1160 of this title.
      Section 107 of title I of Pub. L. 99-238 provided that: "The
    amendments made by this title [amending this section and sections
    315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]
    of this title and enacting provisions set out as a note under this
    section] shall take effect as of December 1, 1985."

                     EFFECTIVE DATE OF 1984 AMENDMENTS                 
      Section 107 of Pub. L. 98-543 provided that: "Sections 101
    through 106 [amending this section and sections 315, 362, 411, 413,
    and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and
    enacting provisions set out as a note under this section] shall
    take effect on December 1, 1984."
      Section 107 of Pub. L. 98-223 provided that: "The amendments made
    by this part [part A (Secs. 101-108) of title I of Pub. L. 98-223,
    see Tables for classification] shall take effect on April 1, 1984."
      Amendment by section 112 of Pub. L. 98-223 effective Oct. 1,
    1983, see section 114 of Pub. L. 98-223, set out as a note under
    section 1112 of this title.

                     EFFECTIVE DATE OF 1982 AMENDMENTS                 
      Section 108 of Pub. L. 97-306 provided that: "The amendments made
    by this part [part A (Secs. 101-108) of title I of Pub. L. 97-306,
    see Tables for classification] shall take effect on October 1,
    1982."
      Section 111(c) of Pub. L. 97-306 provided that: "The amendments
    made by subsections (a) and (b) [amending this section] shall take
    effect on October 1, 1982."
      Section 404(c) of Pub. L. 97-253 provided that: "The amendments
    made by this section [amending this section and section 315 [now
    1115] of this title] shall take effect on October 1, 1982."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 701 of Pub L. 97-66 provided that:
      "(a) The amendments made by titles I, II, and III [see Tables for
    classification] shall take effect as of October 1, 1981.
      "(b)(1) Except as otherwise provided in this subsection, the
    amendments made by titles IV, V, and VI [see Tables for
    classification] shall take effect on the date of the enactment of
    this Act [Oct. 17, 1981].
      "(2) The amendments made by section 401 [amending sections 767
    and 777 [now 1967 and 1977] of this title] shall take effect on
    December 1, 1981.
      "(3) The amendments made by section 504 [amending section 1826
    [now 3726] of this title] shall take effect as of October 17, 1980.
      "(4) The amendments made by section 601(b)(1) [amending section
    5010 [now 8110] of this title] shall take effect as of October 1,
    1981.
      "(5) The amendments made by section 602 [amending section 3203
    [now 5503] of this title] shall take effect on the date of the
    enactment of this Act [Oct. 17, 1981] and shall apply with respect
    to veterans admitted to a Veterans' Administration hospital or
    nursing home on or after such date.
      "(6) The amendments made by section 603 [amending sections 906
    and 1003 [now 2306 and 2403] of this title] shall apply with
    respect to veterans dying before, on, or after the date of the
    enactment of this Act [Oct. 17, 1981]."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 601 of Pub. L. 96-385 provided that:
      "(a) The amendments made by titles I and II [amending this
    section and sections 315, 362, 411, 413, and 414 [now 1115, 1162,
    1311, 1313, and 1314] of this title] shall apply only to payments
    for months beginning after September 30, 1980.
      "(b) The amendments made by title III [amending sections 801,
    802, 804, and 805 [now 2101, 2102, 2104, and 2105] of this title]
    and by sections 402, 501, 503 [amending sections 230, 1810 [now
    3710], 1811 [now 3711], 1819 [now 3712], 3104 [now 5304], and 3203
    [now 5503] of this title], and 506 [amending section 121 of former
    Title 36, Patriotic Societies and Observances] shall take effect on
    October 1, 1980.
      "(c) The amendments made by section 502 [amending section 906
    [now 2306] of this title] shall apply only with respect to
    individuals who die after September 30, 1980.
      "(d) The amendments made by sections 401, 504, 505 [enacting
    sections 1810, 1819, 3113, and 3305 [now 3710, 3712, 5313, and
    5705] of this title and amending sections 1803 and 1811 [now 3703
    and 3711] of this title] and 507 [not classified to the Code] shall
    take effect on the date of the enactment of this Act [Oct. 7,
    1980].
      "(e) The amendments made by section 508 [amending former sections
    4107 and 4109 of this title] shall take effect as of August 26,
    1980."

                     EFFECTIVE DATE OF 1979 AMENDMENTS                 
      Section 601 of Pub. L. 96-128, as amended by Pub. L. 96-151,
    title III, Sec. 306(a), Dec. 20, 1979, 93 Stat. 1097, provided
    that:
      "(a)(1) Except as provided in paragraph (2) of this subsection,
    the amendments made by titles I and II [amending this section and
    sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313,
    and 1314] of this title] and the provisions of section 101(b) [set
    out as a note below] shall take effect as of October 1, 1979.
      "(2) With respect to the amendment made by clause (11) of section
    101(a), that portion of the amendment amending subsection (k) of
    section 314 [now 1114] to increase certain monthly rates of
    compensation [substituting "$62" for "$56" in two places] shall
    take effect as of September 1, 1980, and that portion of the
    amendment amending such subsection to increase certain maximum
    monthly amounts of compensation [substituting "$1,104" for "$1,005"
    and "$1,547" for "$1,408"] shall take effect as of October 1, 1979.
      "(b) The amendments made by titles III, IV, and V [see Tables for
    classification] shall take effect on the date of the enactment of
    this Act [Nov. 28, 1979]."
      [Section 306(b) of Pub. L. 96-151 provided that the amendment
    made to section 601(a)(2) of Pub. L. 96-128 [substituting "clause
    (11)" for "clause (1)"], set out as a note above, shall take effect
    as of Nov. 28, 1979.]

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 401 of Pub. L. 95-479 provided that:
      "(a) Except as provided in subsection (b), the amendments made by
    this Act [see Tables for classification] shall take effect on
    October 1, 1978.
      "(b) The amendment made by section 302 [amending section 562 [now
    1562] of this title] shall take effect on January 1, 1979."

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 501 of Pub. L. 95-117 provided that: "Except as otherwise
    provided in this Act, the amendments made by this Act to title 38,
    United States Code [see Tables for classification], shall become
    effective on October 1, 1977."

                     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                 
      Section 301 of Pub. L. 94-71 provided that: "The provisions of
    this Act [see Tables for classification] shall become effective
    August 1, 1975."

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Section 401 of Pub. L. 93-295 provided that: "The provisions of
    this Act [see Tables for classification] shall become effective on
    May 1, 1974, except that title III [amending sections 1701 and 3202
    [now 3501 and 5502] of this title] shall become effective on the
    first day of the second calendar month following enactment [May 31,
    1974]."

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 301(a) of Pub. L. 92-328 provided that: "Sections 101
    through 107 of this Act [see Tables for classification] shall take
    effect on the first day of the second calendar month which begins
    after the date of enactment [June 30, 1972]."

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Section 9 of Pub. L. 91-376 provided that: "The first two
    sections of this Act [amending this section and section 315 [now
    1115] of this title and enacting provision set out as a note under
    this section] take effect July 1, 1970. Sections 4, 5, 6, and 7
    [amending sections 103, 3010 [now 5110], and 3104 [now 5304] of
    this title, and enacting provision set out as a note under section
    103 of this title] take effect January 1, 1971."

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Section 2 of Pub. L. 90-493 provided that: "The compensation
    payable pursuant to the amendments made by this Act [amending this
    section] shall be payable beginning with the first day of January
    1969."
      Section 4(b) of Pub. L. 90-493 provided that: "The repeals made
    by subsection (a) of this section [repealing subsec. (q) of this
    section and section 356 of this title] shall not apply in the case
    of any veteran who, on the date of enactment of this Act [Aug. 19,
    1968], was receiving or entitled to receive compensation for
    tuberculosis which in the judgment of the Administrator had reached
    a condition of complete arrest."

                     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.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 9 of Pub. L. 89-311 provided that: "The amendments made
    by the first section and sections 2, 3, and 4 of this Act [amending
    this section and sections 101, 315 [now 1115], 360 [now 1160], 414
    [now 1314], and 560 [now 1560] of this title and enacting
    provisions set out as a note under this section] shall take effect
    on the first day of the second calendar month following the date of
    enactment of this Act [Oct. 31, 1965]."

                     EFFECTIVE DATE OF 1963 AMENDMENTS                 
      Section 2 of Pub. L. 88-22 provided that: "The amendments made by
    this Act [amending this section] shall take effect on the first day
    of the second calendar month which begins after the date of
    enactment of this Act [May 15, 1963]."
      Section 2 of Pub. L. 88-20 provided that: "The amendments made by
    this Act [amending this section] shall take effect on the first day
    of the second month which begins after the date of its enactment
    [May 15, 1963]."

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-645 effective first day of first calendar
    month which begins after Sept. 7, 1962, see section 4 of Pub. L. 87-
    645, set out as a note under section 1112 of this title.

                     EFFECTIVE DATE OF 1960 AMENDMENT                 
      Section 2 of Pub. L. 86-663 provided that: "This Act [amending
    this section] shall be effective on and after the first day of the
    second calendar month following the date of its enactment [July 14,
    1960]."

                     EFFECTIVE DATE OF 1958 AMENDMENT                 
      Section 2 of Pub. L. 85-782 provided that the amendment made by
    that section is effective Jan. 1, 1959.

       REPEAL OF TEMPORARY CHANGES IN FISCAL YEAR 1983 COMPENSATION   
      Section 405 of Pub. L. 97-253 [amending this section and sections
    315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]
    of this title and enacting provisions set out as notes under this
    section] was repealed by Pub. L. 97-306, title I, Sec. 107, Oct.
    14, 1982, 96 Stat. 1431. Section 405 of Pub. L. 97-253 had amended
    those sections relating to compensation to be effective Jan. 1,
    1983, in contemplation of the later enactment of a law providing
    for cost-of-living increases for fiscal year 1983, with the intent
    that the increases provided for under section 405 of Pub. L. 97-253
    be superseded by increases provided for in the later law. Pub. L.
    97-306 provided for the anticipated increases and repealed section
    405 of Pub. L. 97-253.

     DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION
                              RATE INCREASES
      Pub. L. 109-361, Secs. 2(a)-(c), 3, Oct. 16, 2006, 120 Stat.
    2062, 2063, provided that:

      "SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND
        DEPENDENCY AND INDEMNITY COMPENSATION.
      "(a) Rate Adjustment. - Effective on December 1, 2006, the
    Secretary of Veterans Affairs shall increase, in accordance with
    subsection (c), the dollar amounts in effect on November 30, 2006,
    for the payment of disability compensation and dependency and
    indemnity compensation under the provisions specified in subsection
    (b).
      "(b) Amounts To Be Increased. - The dollar amounts to be
    increased pursuant to subsection (a) are the following:
        "(1) Wartime disability compensation. - Each of the dollar
      amounts under section 1114 of title 38, United States Code.
        "(2) Additional compensation for dependents. - Each of the
      dollar amounts under sections 1115(1) of such title.
        "(3) Clothing allowance. - The dollar amount under section 1162
      of such title.
        "(4) Dependency and indemnity compensation to surviving spouse.
      - Each of the dollar amounts under subsections (a) through (d) of
      section 1311 of such title.
        "(5) Dependency and indemnity compensation to children. - Each
      of the dollar amounts under sections 1313(a) and 1314 of such
      title.
      "(c) Determination of Increase. - 
        "(1) Percentage. - Except as provided in paragraph (2), each
      dollar amount described in subsection (b) shall be increased by
      the same percentage as the percentage by which benefit amounts
      payable under title II of the Social Security Act (42 U.S.C. 401
      et seq.) are increased effective December 1, 2006, as a result of
      a determination under section 215(i) of such Act (42 U.S.C.
      415(i)).
        "(2) Rounding. - Each dollar amount increased under paragraph
      (1), if not a whole dollar amount, shall be rounded to the next
      lower whole dollar amount.

      "SEC. 3. PUBLICATION OF ADJUSTED RATES.
      "The Secretary of Veterans Affairs shall publish in the Federal
    Register the amounts specified in section 2(b), as increased under
    that section, not later than the date on which the matters
    specified in section 215(i)(2)(D) of the Social Security Act (42
    U.S.C. 415(i)(2)(D)) are required to be published by reason of a
    determination made under section 215(i) of such Act during fiscal
    year 2007."
      Similar provisions were contained in the following acts:
      Pub. L. 108-363, Secs. 2(a)-(c), 3, Oct. 25, 2004, 118 Stat.
    1705, 1706.
      Pub. L. 108-147, Secs. 2(a)-(c), 3, Dec. 3, 2003, 117 Stat. 1885,
    1886.
      Pub. L. 107-247, Secs. 2(a)-(c), 3, Oct. 23, 2002, 116 Stat.
    1517, 1518.
      Pub. L. 106-413, Secs. 2(a)-(c), 3, Nov. 1, 2000, 114 Stat. 1798,
    1799.
      Pub. L. 105-368, title XI, Secs. 1101(a)-(c), 1102, Nov. 11,
    1998, 112 Stat. 3366, 3367.
      Pub. L. 104-263, Sec. 2(a), (c), Oct. 9, 1996, 110 Stat. 3212.
      Pub. L. 104-57, Secs. 2(a)-(c), 3, Nov. 22, 1995, 109 Stat. 555,
    556.
      Pub. L. 103-418, Secs. 2(a)-(c), 3, Oct. 25, 1994, 108 Stat.
    4336, 4337.
      Pub. L. 102-510, Sec. 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. 109-361, Sec. 2(d), Oct. 16, 2006, 120 Stat. 2063,
    provided that: "The Secretary of Veterans Affairs may adjust
    administratively, consistent with the increases made under
    subsection (a) [set out 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. 109-111, Sec. 2(g), Nov. 22, 2005, 119 Stat. 2364.
      Pub. L. 108-363, Sec. 2(d), Oct. 25, 2004, 118 Stat. 1706.
      Pub. L. 108-147, Sec. 2(d), Dec. 3, 2003, 117 Stat. 1886.
      Pub. L. 107-247, Sec. 2(d), Oct. 23, 2002, 116 Stat. 1518.
      Pub. L. 107-94, Sec. 2(b), Dec. 21, 2001, 115 Stat. 901.
      Pub. L. 106-413, Sec. 2(d), Nov. 1, 2000, 114 Stat. 1799.
      Pub. L. 106-118, Sec. 2(b), Nov. 30, 1999, 113 Stat. 1602.
      Pub. L. 105-368, title XI, Sec. 1101(d), Nov. 11, 1998, 112 Stat.
    3366.
      Pub. L. 105-98, Sec. 2(b), Nov. 19, 1997, 111 Stat. 2156.
      Pub. L. 104-263, Sec. 2(b), Oct. 9, 1996, 110 Stat. 3212.
      Pub. L. 104-57, Sec. 2(d), Nov. 22, 1995, 109 Stat. 556.
      Pub. L. 103-418, Sec. 2(d), Oct. 25, 1994, 108 Stat. 4337.
      Pub. L. 102-510, Sec. 2(b), Oct. 24, 1992, 106 Stat. 3318.
      Pub. L. 102-152, Sec. 2(b), Nov. 12, 1991, 105 Stat. 986.
      Pub. L. 102-3, Sec. 2(b), Feb. 6, 1991, 105 Stat. 8.
      Pub. L. 101-237, title I, Sec. 101(b), Dec. 18, 1989, 103 Stat.
    2063.
      Pub. L. 100-687, div. B, title XI, Sec. 1101(b), Nov. 18, 1988,
    102 Stat. 4123.
      Pub. L. 100-227, title I, Sec. 101(b), Dec. 31, 1987, 101 Stat.
    1553.
      Pub. L. 99-576, title I, Sec. 101(b), Oct. 28, 1986, 100 Stat.
    3251.
      Pub. L. 99-238, title I, Sec. 101(b), Jan. 13, 1986, 99 Stat.
    1766.
      Pub. L. 98-543, title I, Sec. 101(b), Oct. 24, 1984, 98 Stat.
    2736.
      Pub. L. 98-223, title I, Sec. 101(b), Mar. 2, 1984, 98 Stat. 38.
      Pub. L. 97-306, title I, Sec. 101(b), Oct. 14, 1982, 96 Stat.
    1430.
      Pub. L. 97-66, title I, Sec. 101(b), Oct. 17, 1981, 95 Stat.
    1027.
      Pub. L. 96-385, title I, Sec. 101(b), Oct. 7, 1980, 94 Stat.
    1529.
      Pub. L. 96-128, title I, Sec. 101(b), Nov. 28, 1979, 93 Stat.
    983.
      Pub. L. 95-479, title I, Sec. 101(e), Oct. 18, 1978, 92 Stat.
    1562.
      Pub. L. 95-117, title I, Sec. 101(b), Oct. 3, 1977, 91 Stat.
    1063.
      Pub. L. 94-433, title I, Sec. 101(b), Sept. 30, 1976, 90 Stat.
    1374.
      Pub. L. 94-71, title I, Sec. 101(b), Aug. 5, 1975, 89 Stat. 395.
      Pub. L. 93-295, title I, Sec. 101(b), May 31, 1974, 88 Stat. 181.
      Pub. L. 92-328, title I, Sec. 101(b), June 30, 1972, 86 Stat.
    393.
      Pub. L. 91-376, Sec. 1(b), Aug. 12, 1970, 84 Stat. 788.
      Pub. L. 90-493, Sec. 1(b), Aug. 19, 1968, 82 Stat. 809.
      Pub. L. 89-311, Sec. 1(b), Oct. 31, 1965, 79 Stat. 1154.
      Pub. L. 87-645, Sec. 1(b), Sept. 7, 1962, 76 Stat. 441.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    38 USC Sec. 1115                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1115. Additional compensation for dependents

-STATUTE-
      Any veteran entitled to compensation at the rates provided in
    section 1114 of this title, 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, $139;
          (B) has a spouse and one or more children, $240 plus $70 for
        each child in excess of one;
          (C) has no spouse but one or more children, $94 plus $70 for
        each child in excess of one;
          (D) has a parent dependent upon such veteran for support,
        then, in addition to the above amounts, $112 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 $265 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
        $222 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 disability. The amounts payable under
      this paragraph, if not a multiple of $1, shall be rounded down to
      the nearest dollar.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1121, Sec. 315; Pub. L. 86-
    499, Sec. 1, June 8, 1960, 74 Stat. 165; Pub. L. 89-137, Sec.
    1(b), Aug. 26, 1965, 79 Stat. 576; Pub. L. 89-311, Sec. 2(a), (b),
    Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 91-376, Sec. 2, Aug.
    12, 1970, 84 Stat. 788; Pub. L. 92-328, title I, Sec. 102, June 30,
    1972, 86 Stat. 394; Pub. L. 93-295, title I, Sec. 102, May 31,
    1974, 88 Stat. 181; Pub. L. 94-71, title I, Sec. 102, Aug. 5, 1975,
    89 Stat. 396; Pub. L. 94-433, title I, Sec. 102, title IV, Sec.
    404(9)-(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L. 95-117,
    title I, Sec. 102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479,
    title I, Sec. 102, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128,
    title I, Sec. 102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96-385,
    title I, Sec. 102, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66,
    title I, Sec. 102, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253,
    title IV, Secs. 404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub.
    L. 97-306, title I, Secs. 102, 107, Oct. 14, 1982, 96 Stat. 1430,
    1431; Pub. L. 98-223, title I, Sec. 102, Mar. 2, 1984, 98 Stat. 38;
    Pub. L. 98-543, title I, Sec. 102, Oct. 24, 1984, 98 Stat. 2736;
    Pub. L. 99-238, title I, Sec. 102, Jan. 13, 1986, 99 Stat. 1766;
    Pub. L. 99-576, title I, Sec. 102, Oct. 28, 1986, 100 Stat. 3251;
    Pub. L. 100-227, title I, Sec. 102, Dec. 31, 1987, 101 Stat. 1553;
    Pub. L. 100-687, div. B, title XI, Sec. 1102, Nov. 18, 1988, 102
    Stat. 4123; Pub. L. 101-237, title I, Sec. 102, Dec. 18, 1989, 103
    Stat. 2063; Pub. L. 102-3, Sec. 3, Feb. 6, 1991, 105 Stat. 8;
    renumbered Sec. 1115 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),
    Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 3, Nov. 12,
    1991, 105 Stat. 986; Pub. L. 103-78, Sec. 2, Aug. 13, 1993, 107
    Stat. 768; Pub. L. 103-140, Sec. 3, Nov. 11, 1993, 107 Stat. 1486;
    Pub. L. 105-98, Sec. 3, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-
    118, Sec. 3, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec.
    3, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec.
    309(b), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108-454, title III,
    Sec. 307(b), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109-111, Sec.
    2(b), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109-233, title V, Sec.
    502(3), June 15, 2006, 120 Stat. 415; Pub. L. 109-444, Sec. 9(b),
    Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109-461, title X, Secs.
    1005(b), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468.)

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-461, Sec. 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 effect. 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, Sec. 1005(b)(1), substituted "$139"
    for "$135".
      Pub. L. 109-444, Sec. 9(b)(1), which substituted "$139" for
    "$135", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Par. (1)(B). Pub. L. 109-461, Sec. 1005(b)(2), substituted "$240"
    and "$70" for "$233" and "$68", respectively.
      Pub. L. 109-444, Sec. 9(b)(2), which substituted "$240" and "$70"
    for "$233" and "$68", respectively, was terminated by Pub. L. 109-
    461, Sec. 1006(b). See Amendment notes above.
      Par. (1)(C). Pub. L. 109-461, Sec. 1005(b)(3), substituted "$94"
    and "$70" for "$91" and "$68", respectively.
      Pub. L. 109-444, Sec. 9(b)(3), which substituted "$94" and "$70"
    for "$91" and "$68", respectively, was terminated by Pub. L. 109-
    461, Sec. 1006(b). See Amendment notes above.
      Par. (1)(D). Pub. L. 109-461, Sec. 1005(b)(4), substituted "$112"
    for "$109".
      Pub. L. 109-444, Sec. 9(b)(4), which substituted "$112" for
    "$109", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      Par. (1)(E). Pub. L. 109-461, Sec. 1005(b)(5), substituted "$265"
    for "$257".
      Pub. L. 109-444, Sec. 9(b)(5), which substituted "$265" for
    "$257", was terminated by Pub. L. 109-461, Sec. 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, Sec. 1005(b)(6), substituted "$222"
    for "$215".
      Pub. L. 109-444, Sec. 9(b)(6), which substituted "$222" for
    "$215", was terminated by Pub. L. 109-461, Sec. 1006(b). See
    Amendment notes above.
      2005 - Par. (1)(A). Pub. L. 109-111, Sec. 2(b)(1), substituted
    "$135" for "$127".
      Par. (1)(B). Pub. L. 109-111, Sec. 2(b)(2), substituted "$233"
    and "$68" for "$219" and "$65", respectively.
      Par. (1)(C). Pub. L. 109-111, Sec. 2(b)(3), substituted "$91" and
    "$68" for "$86" and "$65", respectively.
      Par. (1)(D). Pub. L. 109-111, Sec. 2(b)(4), substituted "$109"
    for "$103".
      Par. (1)(E). Pub. L. 109-111, Sec. 2(b)(5), substituted "$257"
    for "$241".
      Par. (1)(F). Pub. L. 109-111, Sec. 2(b)(6), substituted "$215"
    for "$202".
      2004 - Par. (1)(A). Pub. L. 108-454, Sec. 307(b)(1), substituted
    "$127" for "$125".
      Par. (1)(B). Pub. L. 108-454, Sec. 307(b)(2), substituted "$219"
    and "$65" for "$215" and "$64", respectively.
      Par. (1)(C). Pub. L. 108-454, Sec. 307(b)(3), substituted "$86"
    and "$65" for "$85" and "$64", respectively.
      Par. (1)(D). Pub. L. 108-454, Sec. 307(b)(4), substituted "$103"
    for "$101".
      Par. (1)(E). Pub. L. 108-454, Sec. 307(b)(5), substituted "$241"
    for "$237".
      Par. (1)(F). Pub. L. 108-454, Sec. 307(b)(6), substituted "$202"
    for "$198".
      2002 - Par. (1)(A). Pub. L. 107-330, Sec. 309(b)(1), substituted
    "$125" for "$124".
      Par. (1)(B). Pub. L. 107-330, Sec. 309(b)(2), substituted "$215"
    for "$213".
      Par. (1)(C). Pub. L. 107-330, Sec. 309(b)(3), substituted "$85"
    for "$84".
      Par. (1)(D). Pub. L. 107-330, Sec. 309(b)(4), substituted "$101"
    for "$100".
      Par. (1)(E). Pub. L. 107-330, Sec. 309(b)(5), substituted "$237"
    for "$234".
      Par. (1)(F). Pub. L. 107-330, Sec. 309(b)(6), substituted "$198"
    for "$196".
      2001 - Par. (1)(A). Pub. L. 107-94, Sec. 3(1), substituted "$124"
    for "$117".
      Par. (1)(B). Pub. L. 107-94, Sec. 3(2), substituted "$213" and
    "$64" for "$201" and "$61", respectively.
      Par. (1)(C). Pub. L. 107-94, Sec. 3(3), substituted "$84" and
    "$64" for "$80" and "$61", respectively.
      Par. (1)(D). Pub. L. 107-94, Sec. 3(4), substituted "$100" for
    "$95".
      Par. (1)(E). Pub. L. 107-94, Sec. 3(5), substituted "$234" for
    "$222".
      Par. (1)(F). Pub. L. 107-94, Sec. 3(6), substituted "$196" for
    "$186".
      1999 - Par. (1)(A). Pub. L. 106-118, Sec. 3(1), substituted
    "$117" for "$114".
      Par. (1)(B). Pub. L. 106-118, Sec. 3(2), substituted "$201" and
    "$61" for "$195" and "$60", respectively.
      Par. (1)(C). Pub. L. 106-118, Sec. 3(3), substituted "$80" and
    "$61" for "$78" and "$60", respectively.
      Par. (1)(D). Pub. L. 106-118, Sec. 3(4), substituted "$95" for
    "$92".
      Par. (1)(E). Pub. L. 106-118, Sec. 3(5), substituted "$222" for
    "$215".
      Par. (1)(F). Pub. L. 106-118, Sec. 3(6), substituted "$186" for
    "$180".
      1997 - Par. (1)(A). Pub. L. 105-98, Sec. 3(1), substituted "$114"
    for "$105".
      Par. (1)(B). Pub. L. 105-98, Sec. 3(2), substituted "$195" and
    "$60" for "$178" and "$55", respectively.
      Par. (1)(C). Pub. L. 105-98, Sec. 3(3), substituted "$78" and
    "$60" for "$72" and "$55", respectively.
      Par. (1)(D). Pub. L. 105-98, Sec. 3(4), substituted "$92" for
    "$84".
      Par. (1)(E). Pub. L. 105-98, Sec. 3(5), substituted "$215" for
    "$195".
      Par. (1)(F). Pub. L. 105-98, Sec. 3(6), substituted "$180" for
    "$164".
      1993 - Par. (1)(A). Pub. L. 103-140, Sec. 3(1), substituted
    "$105" for "$103".
      Pub. L. 103-78, Sec. 2(1), substituted "$103" for "$100".
      Par. (1)(B). Pub. L. 103-140, Sec. 3(2), substituted "$178" for
    "$174" and "$55" for "$54".
      Pub. L. 103-78, Sec. 2(2), substituted "$174" for "$169" and
    "$54" for "$52".
      Par. (1)(C). Pub. L. 103-140, Sec. 3(3), substituted "$72" for
    "$71" and "$55" for "$54".
      Pub. L. 103-78, Sec. 2(3), substituted "$71" for "$69" and "$54"
    for "$52".
      Par. (1)(D). Pub. L. 103-140, Sec. 3(4), substituted "$84" for
    "$82".
      Pub. L. 103-78, Sec. 2(4), substituted "$82" for "$80".
      Par. (1)(E). Pub. L. 103-140, Sec. 3(5), substituted "$195" for
    "$191".
      Pub. L. 103-78, Sec. 2(5), substituted "$191" for "$185".
      Par. (1)(F). Pub. L. 103-140, Sec. 3(6), substituted "$164" for
    "$160".
      Pub. L. 103-78, Sec. 2(6), substituted "$160" for "$155".
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 315 of this
    title as this section.
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1114" for "314" in
    introductory provisions.
      Par. (1)(A). Pub. L. 102-152, Sec. 3(1), substituted "$100" for
    "$96".
      Pub. L. 102-3, Sec. 3(1), substituted "$96" for "$92".
      Par. (1)(B). Pub. L. 102-152, Sec. 3(2), substituted "$169" for
    "$163" and "$52" for "$50".
      Pub. L. 102-3, Sec. 3(2), substituted "$163" for "$155" and "$50"
    for "$48".
      Par. (1)(C). Pub. L. 102-152, Sec. 3(3), substituted "$69" for
    "$67" and "$52" for "$50".
      Pub. L. 102-3, Sec. 3(3), substituted "$67" for "$64" and "$50"
    for "$48".
      Par. (1)(D). Pub. L. 102-152, Sec. 3(4), substituted "$80" for
    "$77".
      Pub. L. 102-3, Sec. 3(4), substituted "$77" for "$74".
      Par. (1)(E). Pub. L. 102-152, Sec. 3(5), substituted "$185" for
    "$178".
      Pub. L. 102-3, Sec. 3(5), substituted "$178" for "$169".
      Par. (1)(F). Pub. L. 102-152, Sec. 3(6), substituted "$155" for
    "$149".
      Pub. L. 102-3, Sec. 3(6), substituted "$149" for "$142".
      1989 - Par. (1)(A). Pub. L. 101-237, Sec. 102(1), substituted
    "$92" for "$88".
      Par. (1)(B). Pub. L. 101-237, Sec. 102(2), substituted "$155" and
    "$48" for "$148" and "$46", respectively.
      Par. (1)(C). Pub. L. 101-237, Sec. 102(3), substituted "$64" and
    "$48" for "$61" and "$46", respectively.
      Par. (1)(D). Pub. L. 101-237, Sec. 102(4), substituted "$74" for
    "$71".
      Par. (1)(E). Pub. L. 101-237, Sec. 102(5), substituted "$169" for
    "$161".
      Par. (1)(F). Pub. L. 101-237, Sec. 102(6), substituted "$142" for
    "$136".
      1988 - Par. (1)(A). Pub. L. 100-687, Sec. 1102(1), substituted
    "$88" for "$85".
      Par. (1)(B). Pub. L. 100-687, Sec. 1102(2), substituted "$148"
    and "$46" for "$143" and "$45", respectively.
      Par. (1)(C). Pub. L. 100-687, Sec. 1102(3), substituted "$61" and
    "$46" for "$59" and "$45", respectively.
      Par. (1)(D). Pub. L. 100-687, Sec. 1102(4), substituted "$71" for
    "$69".
      Par. (1)(E). Pub. L. 100-687, Sec. 1102(5), substituted "$161"
    for "$155".
      Par. (1)(F). Pub. L. 100-687, Sec. 1102(6), substituted "$136"
    for "$131".
      1987 - Par. (1)(A). Pub. L. 100-227, Sec. 102(1), substituted
    "$85" for "$82".
      Par. (1)(B). Pub. L. 100-227, Sec. 102(2), substituted "$143" and
    "$45" for "$138" and "$44", respectively.
      Par. (1)(C). Pub. L. 100-227, Sec. 102(3), substituted "$59" and
    "$45" for "$57" and "$44", respectively.
      Par. (1)(D). Pub. L. 100-227, Sec. 102(4), substituted "$69" for
    "$67".
      Par. (1)(E). Pub. L. 100-227, Sec. 102(5), substituted "$155" for
    "$149".
      Par. (1)(F). Pub. L. 100-227, Sec. 102(6), substituted "$131" for
    "$126".
      1986 - Par. (1)(A). Pub. L. 99-576, Sec. 102(1), substituted
    "$82" for "$81".
      Pub. L. 99-238, Sec. 102(1), substituted "$81" for "$79".
      Par. (1)(B). Pub. L. 99-576, Sec. 102(2), substituted "$138" and
    "$44" for "$136" and "$43", respectively.
      Pub. L. 99-238, Sec. 102(2), substituted "$136" and "$43" for
    "$132" and "$42", respectively.
      Par. (1)(C). Pub. L. 99-576, Sec. 102(3), substituted "$57" and
    "$44" for "$56" and "$43", respectively.
      Pub. L. 99-238, Sec. 102(3), substituted "$56" and "$43" for
    "$54" and "$42", respectively.
      Par. (1)(D). Pub. L. 99-576, Sec. 102(4), substituted "$67" for
    "$66".
      Pub. L. 99-238, Sec. 102(4), substituted "$66" for "$64".
      Par. (1)(E). Pub. L. 99-576, Sec. 102(5), substituted "$149" for
    "$147".
      Pub. L. 99-238, Sec. 102(5), substituted "$147" for "$143".
      Par. (1)(F). Pub. L. 99-576, Sec. 102(6), substituted "$126" for
    "$124".
      Pub. L. 99-238, Sec. 102(6), substituted "$124" for "$120".
      1984 - Pub. L. 98-223, Sec. 102(b), substituted "percent" for
    "per centum" in provision preceding par. (1).
      Par. (1)(A). Pub. L. 98-543, Sec. 102(1), substituted "$79" for
    "$77".
      Pub. L. 98-223, Sec. 102(a)(1), substituted "$77" for "$74".
      Par. (1)(B). Pub. L. 98-543, Sec. 102(2), substituted "$132" and
    "$42" for "$128" and "$41", respectively.
      Pub. L. 98-223, Sec. 102(a)(2), substituted "$128" and "$41" for
    "$124" and "$40", respectively.
      Par. (1)(C). Pub. L. 98-543, Sec. 102(3), substituted "$54" and
    "$42" for "$52" and "$41", respectively.
      Pub. L. 98-223, Sec. 102(a)(3), substituted "$52" and "$41" for
    "$50" and "$40", respectively.
      Par. (1)(D). Pub. L. 98-543, Sec. 102(4), substituted "$64" for
    "$62".
      Pub. L. 98-223, Sec. 102(a)(4), substituted "$62" for "$60".
      Par. (1)(E). Pub. L. 98-543, Sec. 102(5), substituted "$143" for
    "$139".
      Pub. L. 98-223, Sec. 102(a)(5), substituted "$139" for "$134".
      Par. (1)(F). Pub. L. 98-543, Sec. 102(6), substituted "$120" for
    "$116".
      Pub. L. 98-223, Sec. 102(a)(6), substituted "$116" for "$112".
      Par. (2). Pub. L. 98-223, Sec. 102(b), substituted "percent" for
    "per centum".
      1982 - Par. (1)(A). Pub. L. 97-306, Sec. 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, Secs. 102(1), 107, 108, added
    subpar. (B), repealed amendment made by Pub. L. 97-253, Sec.
    405(c)(1), eff. Oct. 1, 1982, and struck out former subpar. (B)
    which provided $116 for a veteran with a spouse and one child
    living.
      Pub. L. 97-253, Sec. 405(c)(1), (h), eff. Jan. 1, 1983,
    substituted "$115" for "$116".
      Par. (1)(C). Pub. L. 97-306, Sec. 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, Secs. 102(1)-(3), 107, 108,
    redesignated subpar. (H) as (D), in subpar. (D) as so redesignated,
    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, Sec.
    405(c)(2), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(c)(2), (h), eff. Jan. 1, 1983,
    substituted "$37" for "$38" after "plus".
      Par. (1)(E). Pub. L. 97-306, Sec. 102(1), (2), (4), redesignated
    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, Sec. 102(1), (2), (5), redesignated
    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, Secs. 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,
    Sec. 405(c)(3), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(c)(3), (h), eff. Jan. 1, 1983,
    substituted "$37" for "$38" after "plus".
      Par. (1)(H) to (J). Pub. L. 97-306, Sec. 102(2), redesignated
    subpars. (H), (I), and (J) as (D), (E), and (F), respectively.
      Par. (2). Pub. L. 97-253, Sec. 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 upward 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 compensation
    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, Sec. 102(1)-(10),
    increased 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, Sec. 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, Sec. 102(a)(9), (b)(1)(A),
    substituted "paragraph" for "subsection", "(i)" for "(1)", "(ii)"
    for "(2)", "$98" for "$89", and "section" for "subsection".
      Par. (1)(J). Pub. L. 96-128, Sec. 102(a)(10), (b)(1)(B),
    substituted "paragraph" for "subsection", "$82" for "$75", and
    "section" for "subsection".
      Par. (2). Pub. L. 96-128, Sec. 102(b)(2), inserted "of this
    section" after "(1)".
      1978 - Pub. L. 95-479, Sec. 102(b), substituted "30 per centum"
    for "50 per centum" in provisions preceding par. (1).
      Par. (1). Pub. L. 95-479, Sec. 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 subpar. (F), $88 and $27
    for $77 and $22, respectively, in subpar. (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, Sec. 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 subpar.
    (C), $120 and $22 for $113 and $21, respectively, in subpar. (D),
    $30 for $28 in subpar. (E), $52 for $49 in subpar. (F), $77 and $22
    for $72 and $21, respectively, in subpar. (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, Sec. 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, Secs. 404(9), (10), substituted "spouse" for
    "wife" in subpars. (A) through (G) and "parent dependent upon such
    veteran" for "mother or father, either or both dependent upon him"
    in subpar. (H).
      Par. (2). Pub. L. 94-433, Sec. 404(11), struck out "his" before
    "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 subpar. (C), $105
    and $19 for $95 and $17, respectively, in subpar. (D), $26 for $24
    in subpar. (E), $45 for $41 in subpar. (F), $67 and $19 for $61 and
    $17, respectively, in subpar. (G), $32 for $29 in subpar. (H) and
    $61 for $55 in subpar. (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 subpar.
    (C), $95 and $17 for $83 and $15, respectively, in subpar. (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 subpar.
    (C), $83 and $15 for $75 and $14, respectively, in subpar. (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 subpar.
    (C), $75 and $14 for $68 and $13, respectively, in subpar. (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 subpar.
    (C), $68 and $13 for $62 and $12 respectively in subpar. (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 allowance 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.

                     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 section 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 section 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 effective 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 payments for
    months beginning after Sept. 30, 1980, see section 601(a) of Pub.
    L. 96-385, set out as a note under section 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 section 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 section 9 of Pub. L. 89-
    311, set out as a note under section 1114 of this title.
      Section 2 of Pub. L. 89-137 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                 
      Section 2 of Pub. L. 86-499 provided that: "The amendments made
    by this Act [amending this section] shall take effect on the first
    day of the second calendar month which begins after the date of
    enactment of this Act [June 8, 1960]."

                                  REPEAL                              
      Section 405(c) of Pub. L. 97-253, cited as a credit to this
    section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,
    1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

                             SAVINGS PROVISION                         
      Section 1(c) of Pub. L. 89-137 provided 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 rehabilitation 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 section and former section
    1504 of this title]."

     DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION
                              RATE INCREASES
      For increases in rates and limitations on Department of Veterans
    Affairs disability compensation and dependency and indemnity
    compensation, see notes set out under section 1114 of this title.

-End-

-CITE-
    38 USC Sec. 1116                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1116. Presumptions of service connection for diseases
      associated with exposure to certain herbicide agents; presumption
      of exposure for veterans who served in the Republic of Vietnam

-STATUTE-
      (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, during active military, naval, or air service, served in the
      Republic of Vietnam during the period beginning on January 9,
      1962, and ending on May 7, 1975; and
        (B) each additional disease (if any) that (i) the Secretary
      determines in regulations prescribed under this section warrants
      a presumption of service-connection by reason of having positive
      association with exposure to an herbicide agent, and (ii) becomes
      manifest within the period (if any) prescribed in such
      regulations in a veteran who, during active military, naval, or
      air service, served in the Republic of Vietnam during the period
      beginning on January 9, 1962, and ending on May 7, 1975, 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 disease 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 mesothelioma.
        (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 active military, naval, or air service in the
      Republic of Vietnam during the period beginning on January 9,
      1962, and ending on May 7, 1975.
        (D) Hodgkin's disease becoming manifest to a degree of
      disability of 10 percent or more.
        (E) Porphyria cutanea tarda becoming manifest to a degree of
      disability of 10 percent or more within a year after the last
      date on which the veteran performed active military, naval, or
      air service in the Republic of Vietnam during the period
      beginning on January 9, 1962, and ending on May 7, 1975.
        (F) Respiratory cancers (cancer of the lung, bronchus, larynx,
      or trachea) becoming manifest 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).

      (3) For purposes of this section, the term "herbicide 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)(1) Whenever the Secretary determines, on the basis of sound
    medical and scientific evidence, that a positive association exists
    between (A) the exposure of humans to an herbicide agent, and (B)
    the occurrence of a disease in humans, the Secretary shall
    prescribe regulations providing that a presumption of service
    connection is warranted for that disease for the purposes of this
    section.
      (2) In making determinations for the purpose of this subsection,
    the Secretary shall take into account (A) reports received by the
    Secretary from the National Academy of Sciences under section 3 of
    the Agent Orange Act of 1991, and (B) all other sound medical and
    scientific information and analyses available to the Secretary. In
    evaluating any study for the purpose of making such determinations,
    the Secretary shall take into consideration whether the results are
    statistically significant, are capable of replication, and
    withstand peer review.
      (3) An association between the occurrence of a disease in humans
    and exposure to an herbicide agent shall be considered to be
    positive for the purposes of this section if the credible evidence
    for the association is equal to or outweighs the credible evidence
    against the association.
      (c)(1)(A) Not later than 60 days after the date on which the
    Secretary receives a report from the National Academy of Sciences
    under section 3 of the Agent Orange Act of 1991, the Secretary
    shall determine whether a presumption of service connection is
    warranted for each disease covered by the report. If the Secretary
    determines that such a presumption is warranted, the Secretary, not
    later than 60 days after making the determination, shall issue
    proposed regulations setting forth the Secretary's determination.
      (B) If the Secretary determines that a presumption of service
    connection is not warranted, the Secretary, not later than 60 days
    after making the determination, shall publish in the Federal
    Register a notice of that determination. The notice shall include
    an explanation of the scientific basis for that determination. If
    the disease already is included in regulations providing for a
    presumption of service connection, the Secretary, not later than 60
    days after publication of the notice of a determination that the
    presumption is not warranted, shall issue proposed regulations
    removing the presumption for the disease.
      (2) Not later than 90 days after the date on which the Secretary
    issues any proposed regulations under this subsection, the
    Secretary shall issue final regulations. Such regulations shall be
    effective on the date of issuance.
      (d) Whenever a disease is removed from regulations prescribed
    under this section - 
        (1) a veteran who was awarded compensation for such disease on
      the basis of the presumption provided in subsection (a) before
      the effective date of the removal shall continue to be entitled
      to receive compensation on that basis; and
        (2) a survivor of a veteran who was awarded dependency and
      indemnity compensation for the death of a veteran resulting from
      such disease on the basis of such presumption shall continue to
      be entitled to receive dependency and indemnity compensation on
      such basis.

      (e) Subsections (b) through (d) shall cease to be effective on
    September 30, 2015.
      (f) For purposes of establishing service connection for a
    disability or death resulting from exposure to a herbicide agent,
    including a presumption of service-connection under this section, a
    veteran who, during active military, naval, or air service, served
    in the Republic of Vietnam during the period beginning on January
    9, 1962, and ending on May 7, 1975, 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.

-SOURCE-
    (Added Pub. L. 102-4, Sec. 2(a)(1), Feb. 6, 1991, 105 Stat. 11,
    Sec. 316; renumbered Sec. 1116 and amended Pub. L. 102-83, Sec.
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title
    V, Sec. 505, title XII, Sec. 1201(e)(6), Nov. 2, 1994, 108 Stat.
    4664, 4685; Pub. L. 104-275, title V, Sec. 505(b), Oct. 9, 1996,
    110 Stat. 3342; Pub. L. 106-419, title IV, Sec. 404(a)(1), Nov. 1,
    2000, 114 Stat. 1864; Pub. L. 107-103, title II, Sec. 201(a)(1)(A),
    (b)-(c)(2)(A), (d)(1), Dec. 27, 2001, 115 Stat. 987, 988.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of the Agent Orange Act of 1991, referred to in
    subsecs. (b)(2) and (c)(1)(A), is section 3 of Pub. L. 102-4, which
    is set out below.

-MISC1-
                                AMENDMENTS                            
      2001 - Pub. L. 107-103, Sec. 201(c)(2)(A), amended section
    catchline generally. Prior to amendment, catchline read as follows:
    "Presumptions of service connection for diseases associated with
    exposure to certain herbicide agents".
      Subsec. (a)(2)(F). Pub. L. 107-103, Sec. 201(a)(1)(A), struck out
    "within 30 years after the last date on which the veteran performed
    active military, naval, or air service in the Republic of Vietnam
    during the period beginning on January 9, 1962, and ending on May
    7, 1975" before period at end.
      Subsec. (a)(2)(H). Pub. L. 107-103, Sec. 201(b), added subpar.
    (H).
      Subsec. (a)(3), (4). Pub. L. 107-103, Sec. 201(c)(1)(B),
    redesignated par. (4) as (3). Former par. (3) redesignated as
    subsec. (f).
      Subsec. (e). Pub. L. 107-103, Sec. 201(d)(1), substituted "on
    September 30, 2015" for "10 years after the first day of the fiscal
    year in which the National Academy of Sciences transmits to the
    Secretary the first report under section 3 of the Agent Orange Act
    of 1991".
      Subsec. (f). Pub. L. 107-103, Sec. 201(c)(1)(A), (C),
    redesignated subsec. (a)(3) as (f), substituted "For purposes of
    establishing service connection for a disability or death resulting
    from exposure to a herbicide agent, including a presumption of
    service-connection under this section, a veteran" for "For the
    purposes of this subsection, a veteran", and struck out "and has a
    disease referred to in paragraph (1)(B) of this subsection" after
    "May 7, 1975,".
      2000 - Subsec. (a)(2)(F). Pub. L. 106-419 inserted "of
    disability" after "to a degree".
      1996 - Subsec. (a)(1)(A). Pub. L. 104-275, Sec. 505(b)(2),
    substituted "during the period beginning on January 9, 1962, and
    ending on May 7, 1975" for "during the Vietnam era".
      Subsec. (a)(1)(B). Pub. L. 104-275, Sec. 505(b)(1), substituted
    "during the period beginning on January 9, 1962, and ending on May
    7, 1975," for "during the Vietnam era".
      Subsec. (a)(2)(C), (E), (F). Pub. L. 104-275, Sec. 505(b)(2),
    substituted "during the period beginning on January 9, 1962, and
    ending on May 7, 1975" for "during the Vietnam era".
      Subsec. (a)(3). Pub. L. 104-275, Sec. 505(b)(1), substituted
    "during the period beginning on January 9, 1962, and ending on May
    7, 1975," for "during the Vietnam era".
      Subsec. (a)(4). Pub. L. 104-275, Sec. 505(b)(2), substituted
    "during the period beginning on January 9, 1962, and ending on May
    7, 1975" for "during the Vietnam era".
      1994 - Subsec. (a)(1)(B). Pub. L. 103-446, Sec. 1201(e)(6),
    substituted "(i)" for "(1)" and "(ii)" for "(2)".
      Subsec. (a)(2)(D) to (G). Pub. L. 103-446, Sec. 505, added
    subpars. (D) to (G).
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 316 of this
    title as this section.
      Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110"
    for "310" and "1113" for "313" in introductory provisions.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-103, title II, Sec. 201(a)(1)(B), Dec. 27, 2001, 115
    Stat. 987, provided that: "The amendment made by subparagraph (A)
    [amending this section] shall take effect January 1, 2002."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-275 effective Jan. 1, 1997, with no
    benefit to be paid or provided by reason of such amendment for any
    period before such date, see section 505(d) of Pub. L. 104-275, set
    out as a note under section 101 of this title.

    REPORT ON TIME LIMIT FOR PRESUMPTION OF CANCER CAUSED BY HERBICIDE
                                   AGENT
      Pub. L. 107-103, title II, Sec. 201(a)(2)-(4), Dec. 27, 2001, 115
    Stat. 987, provided that:
      "(2) The Secretary of Veterans Affairs shall enter into a
    contract with the National Academy of Sciences, not later than six
    months after the date of the enactment of this Act [Dec. 27, 2001],
    for the performance of a study to include a review of all available
    scientific literature on the effects of exposure to an herbicide
    agent containing dioxin on the development of respiratory cancers
    in humans and whether it is possible to identify a period of time
    after exposure to herbicides after which a presumption of service-
    connection for such exposure would not be warranted. Under the
    contract, the National Academy of Sciences shall submit a report to
    the Secretary setting forth its conclusions. The report shall be
    submitted not later than 18 months after the contract is entered
    into.
      "(3) For a period of six months beginning on the date of the
    receipt of the report of the National Academy of Sciences under
    paragraph (2), the Secretary may, if warranted by clear scientific
    evidence presented in the National Academy of Sciences report,
    initiate a rulemaking under which the Secretary would specify a
    limit on the number of years after a claimant's departure from
    Vietnam after which respiratory cancers would not be presumed to
    have been associated with the claimant's exposure to herbicides
    while serving in Vietnam. Any such limit under such a rule may not
    take effect until 120 days have passed after the publication of a
    final rule to impose such a limit.
      "(4)(A) Subject to subparagraphs (B) and (C), if the Secretary
    imposes such a limit under paragraph (3), that limit shall be
    effective only as to claims filed on or after the effective date of
    that limit.
      "(B) In the case of any veteran whose disability or death due to
    respiratory cancer is found by the Secretary to be service-
    connected under section 1116(a)(2)(F) of title 38, United States
    Code, as amended by paragraph (1), such disability or death shall
    remain service-connected for purposes of all provisions of law
    under such title notwithstanding the imposition, if any, of a time
    limit by the Secretary by rulemaking authorized under paragraph
    (3).
      "(C) Subaragraph [sic] (B) does not apply in a case in which - 
        "(i) the original award of compensation or service connection
      was based on fraud; or
        "(ii) it is clearly shown from military records that the person
      concerned did not have the requisite service or character of
      discharge."

                AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES            
      Section 3 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.
    5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, Sec.
    503(a), (b)(1), Aug. 14, 1991, 105 Stat. 424, 425; Pub. L. 107-103,
    title II, Sec. 201(d)(2), Dec. 27, 2001, 115 Stat. 988, provided
    that:
      "(a) Purpose. - The purpose of this section is to provide for the
    National Academy of Sciences, an independent nonprofit scientific
    organization with appropriate expertise which is not part of the
    Federal Government, to review and evaluate the available scientific
    evidence regarding associations between diseases and exposure to
    dioxin and other chemical compounds in herbicides.
      "(b) Agreement. - The Secretary shall seek to enter into an
    agreement with the National Academy of Sciences for the Academy to
    perform the services covered by this section. The Secretary shall
    seek to enter into such agreement not later than two months after
    the date of the enactment of the Veterans' Benefits Programs
    Improvement Act of 1991 [Aug. 14, 1991].
      "(c) Review of Scientific Evidence. - Under an agreement between
    the Secretary and the National Academy of Sciences under this
    section, the Academy shall review and summarize the scientific
    evidence, and assess the strength thereof, concerning the
    association between exposure to an herbicide used in support of the
    United States and allied military operations in the Republic of
    Vietnam during the Vietnam era and each disease suspected to be
    associated with such exposure.
      "(d) Scientific Determinations Concerning Diseases. - (1) For
    each disease reviewed, the Academy shall determine (to the extent
    that available scientific data permit meaningful determinations) - 
        "(A) whether a statistical association with herbicide exposure
      exists, taking into account the strength of the scientific
      evidence and the appropriateness of the statistical and
      epidemiological methods used to detect the association;
        "(B) the increased risk of the disease among those exposed to
      herbicides during service in the Republic of Vietnam during the
      Vietnam era; and
        "(C) whether there exists a plausible biological mechanism or
      other evidence of a causal relationship between herbicide
      exposure and the disease.
      "(2) The Academy shall include in its reports under subsection
    (g) a full discussion of the scientific evidence and reasoning that
    led to its conclusions under this subsection.
      "(e) Recommendations for Additional Scientific Studies. - The
    Academy shall make any recommendations it has for additional
    scientific studies to resolve areas of continuing scientific
    uncertainty relating to herbicide exposure. In making
    recommendations for further study, the Academy shall consider the
    scientific information that is currently available, the value and
    relevance of the information that could result from additional
    studies, and the cost and feasibility of carrying out such
    additional studies.
      "(f) Subsequent Reviews. - An agreement under subsection (b)
    shall require the National Academy of Sciences - 
        "(1) to conduct as comprehensive a review as is practicable of
      the evidence referred to in subsection (c) that became available
      since the last review of such evidence under this section; and
        "(2) to make its determinations and estimates on the basis of
      the results of such review and all other reviews conducted for
      the purposes of this section.
      "(g) Reports. - (1) The agreement between the Secretary and the
    National Academy of Sciences shall require the Academy to transmit
    to the Secretary and the Committees on Veterans' Affairs of the
    Senate and House of Representatives periodic written reports
    regarding the Academy's activities under the agreement. Such
    reports shall be submitted at least once every two years (as
    measured from the date of the first report).
      "(2) The first report under this subsection shall be transmitted
    not later than the end of the 18-month period beginning on the date
    of the enactment of this Act [Feb. 6, 1991]. That report shall
    include (A) the determinations and discussion referred to in
    subsection (d), (B) any recommendations of the Academy under
    subsection (e), and (C) the recommendation of the Academy as to
    whether the provisions of each of sections 6 through 9 [set out
    below] should be implemented by the Secretary. In making its
    recommendation with respect to each such section, the Academy shall
    consider the scientific information that is currently available,
    the value and relevance of the information that could result from
    implementing that section, and the cost and feasibility of
    implementing that section. If the Academy recommends that the
    provisions of section 6 should be implemented, the Academy shall
    also recommend the means by which clinical data referred to in that
    section could be maintained in the most scientifically useful way.
      "(h) Limitation on Authority. - The authority to enter into
    agreements under this section shall be effective for a fiscal year
    to the extent that appropriations are available.
      "(i) Sunset. - This section shall cease to be effective on
    October 1, 2014.
      "(j) Alternative Contract Scientific Organization. - If the
    Secretary is unable within the time period prescribed in subsection
    (b) to enter into an agreement with the National Academy of
    Sciences for the purposes of this section on terms acceptable to
    the Secretary, the Secretary shall seek to enter into an agreement
    for the purposes of this section with another appropriate
    scientific organization that is not part of the Government and
    operates as a not-for-profit entity and that has expertise and
    objectivity comparable to that of the National Academy of Sciences.
    If the Secretary enters into such an agreement with another
    organization, then any reference in this section and in section
    1116 [formerly 316] of title 38, United States Code (as added by
    section 2), to the National Academy of Sciences shall be treated as
    a reference to the other organization.
      "(k) Liability Insurance. - (1) The Secretary may provide
    liability insurance for the National Academy of Sciences or any
    other contract scientific organization to cover any claim for money
    damages for injury, loss of property, personal injury, or death
    caused by any negligent or wrongful act or omission of any person
    referred to in paragraph (2) in carrying out any of the following
    responsibilities of the Academy or such other organization, as the
    case may be, under an agreement entered into with the Secretary
    pursuant to this section:
        "(A) The review, summarization, and assessment of scientific
      evidence referred to in subsection (c).
        "(B) The making of any determination, on the basis of such
      review and assessment, regarding the matters set out in clauses
      (A) through (C) of subsection (d)(1), and the preparation of the
      discussion referred to in subsection (d)(2).
        "(C) The making of any recommendation for additional scientific
      study under subsection (e).
        "(D) The conduct of any subsequent review referred to in
      subsection (f) and the making of any determination or estimate
      referred to in such subsection.
        "(E) The preparation of the reports referred to in subsection
      (g).
      "(2) A person referred to in paragraph (1) is - 
        "(A) an employee of the National Academy of Sciences or other
      contract scientific organization referred to in paragraph (1); or
        "(B) any individual appointed by the President of the Academy
      or the head of such other contract scientific organization, as
      the case may be, to carry out any of the responsibilities
      referred to in such paragraph.
      "(3) The cost of the liability insurance referred to in paragraph
    (1) shall be made from funds available to carry out this section.
      "(4) The Secretary shall reimburse the Academy or person referred
    to in paragraph (2) for the cost of any judgments (if any) and
    reasonable attorney's fees and incidental expenses, not compensated
    by the liability insurance referred to in paragraph (1) or by any
    other insurance maintained by the Academy, incurred by the Academy
    or person referred to in paragraph (2), in connection with any
    legal or administrative proceedings arising out of or in connection
    with the work to be performed under the agreement referred to in
    paragraph (1). Reimbursement of the cost of such judgments,
    attorney's fees, and incidental expenses shall be paid from funds
    appropriated for such reimbursement or appropriated to carry out
    this section, but in no event shall any such reimbursement be made
    from funds authorized pursuant to section 1304 of title 31, United
    States Code."

    RESULTS OF EXAMINATIONS AND TREATMENT OF VETERANS FOR DISABILITIES
    RELATED TO EXPOSURE TO CERTAIN HERBICIDES OR TO SERVICE IN VIETNAM
      Section 6 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.
    5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
      "(a) In General. - Subject to subsections (d) and (e), the
    Secretary of Veterans Affairs shall compile and analyze, on a
    continuing basis, all clinical data that (1) is obtained by the
    Department of Veterans Affairs in connection with examinations and
    treatment furnished to veterans by the Department after November 3,
    1981, by reason of eligibility provided in section 1710(e)(1)(A) of
    title 38, United States Code, and (2) is likely to be
    scientifically useful in determining the association, if any,
    between the disabilities of veterans referred to in such section
    and exposure to dioxin or any other toxic substance referred to in
    such section or between such disabilities and active military,
    naval, or air service in the Republic of Vietnam during the Vietnam
    era.
      "(b) Annual Report. - The Secretary shall submit to the
    Committees on Veterans' Affairs of the Senate and the House of
    Representatives an annual report containing - 
        "(1) the information compiled in accordance with subsection
      (a);
        "(2) the Secretary's analysis of such information;
        "(3) a discussion of the types and incidences of disabilities
      identified by the Department of Veterans Affairs in the case of
      veterans referred to in subsection (a);
        "(4) the Secretary's explanation for the incidence of such
      disabilities;
        "(5) other explanations for the incidence of such disabilities
      considered reasonable by the Secretary; and
        "(6) the Secretary's views on the scientific validity of
      drawing conclusions from the incidence of such disabilities, as
      evidenced by the data compiled under subsection (a), about any
      association between such disabilities and exposure to dioxin or
      any other toxic substance referred to in section 1710(e)(1)(A) of
      title 38, United States Code, or between such disabilities and
      active military, naval, or air service, in the Republic of
      Vietnam during the Vietnam era.
      "(c) First Report. - The first report under subsection (b) shall
    be submitted not later than one year after the effective date of
    this section [see subsec. (e) of this section].
      "(d) Funding. - The authority of the Secretary to carry out this
    section is effective in any fiscal year only to the extent or in
    the amount specifically provided in statutory language in
    appropriations Acts.
      "(e) Effective Date. - (1) This section shall take effect at the
    end of the 90-day period beginning on the date on which the first
    report of the National Academy of Sciences under section 3(g) [set
    out above] is received by the Secretary, except that this section
    shall not take effect if the Secretary, after receiving that report
    and before the end of that 90-day period - 
        "(A) determines that it is not feasible or cost-effective to
      carry out this section or that carrying out this section would
      not make a material contribution to the body of scientific
      knowledge concerning the health effects in humans of herbicide
      exposure; and
        "(B) notifies the Committees on Veterans' Affairs of the Senate
      and House of Representatives of the Secretary's determination and
      the reasons therefor.
      "(2) In making a determination under this subsection, the
    Secretary shall give great weight to the views and recommendations
    of the Academy expressed in that report with respect to the
    implementation of this section."

                          TISSUE ARCHIVING SYSTEM                      
      Section 7 of Pub. L. 102-4 provided that:
      "(a) Establishment of System. - Subject to subsections (e) and
    (f), for the purpose of facilitating future scientific research on
    the effects of exposure of veterans to dioxin and other toxic
    agents in herbicides used in support of United States and allied
    military operations in the Republic of Vietnam during the Vietnam
    era, the Secretary of Veterans Affairs shall establish and maintain
    a system for the collection and storage of voluntarily contributed
    samples of blood and tissue of veterans who performed active
    military, naval, or air service in the Republic of Vietnam during
    the Vietnam era.
      "(b) Security of Specimens. - The Secretary shall ensure that the
    tissue is collected and stored under physically secure conditions
    and that the tissue is maintained in a condition that is useful for
    research referred to in subsection (a).
      "(c) Authorized Use of Specimens. - The Secretary may make blood
    and tissue available from the system for research referred to in
    subsection (a). The Secretary shall carry out this section in a
    manner consistent with the privacy rights and interests of the
    blood and tissue donors.
      "(d) Limitations on Acceptance of Samples. - The Secretary may
    prescribe such limitations on the acceptance and storage of blood
    and tissue samples as the Secretary considers appropriate
    consistent with the purpose specified in subsection (a).
      "(e) Funding. - The authority of the Secretary to carry out this
    section is effective in any fiscal year only to the extent or in
    the amount specifically provided in statutory language in
    appropriations Acts.
      "(f) Effective Date. - (1) This section shall take effect at the
    end of the 90-day period beginning on the date on which the first
    report of the National Academy of Sciences under section 3(g) [set
    out above] is received by the Secretary, except that this section
    shall not take effect if the Secretary, after receiving that report
    and before the end of that 90-day period - 
        "(A) determines that it is not feasible or cost-effective to
      carry out this section or that carrying out this section would
      not make a material contribution to the body of scientific
      knowledge concerning the health effects in humans of herbicide
      exposure; and
        "(B) notifies the Committees on Veterans' Affairs of the Senate
      and House of Representatives of the Secretary's determination and
      the reasons therefor.
      "(2) In making a determination under this subsection, the
    Secretary shall give great weight to the views and recommendations
    of the Academy expressed in that report with respect to the
    implementation of this section."

              SCIENTIFIC RESEARCH FEASIBILITY STUDIES PROGRAM          
      Section 8 of Pub. L. 102-4 provided that:
      "(a) Establishment of Program. - Subject to subsections (e) and
    (f), the Secretary of Veterans Affairs shall establish a program to
    provide for the conduct of studies of the feasibility of conducting
    additional scientific research on - 
        "(1) health hazards resulting from exposure to dioxin;
        "(2) health hazards resulting from exposure to other toxic
      agents in herbicides used in support of United States and allied
      military operations in the Republic of Vietnam during the Vietnam
      era; and
        "(3) health hazards resulting from active military, naval, or
      air service in the Republic of Vietnam during the Vietnam era.
      "(b) Program Requirements. - (1) Under the program established
    pursuant to subsection (a), the Secretary shall, pursuant to
    criteria prescribed pursuant to paragraph (2), award contracts or
    furnish financial assistance to non-Government entities for the
    conduct of studies referred to in subsection (a).
      "(2) The Secretary shall prescribe criteria for (A) the selection
    of entities to be awarded contracts or to receive financial
    assistance under the program, and (B) the approval of studies to be
    conducted under such contracts or with such financial assistance.
      "(c) Report. - The Secretary shall promptly report the results of
    studies conducted under the program to the Committees on Veterans'
    Affairs of the Senate and the House of Representatives.
      "(d) Consultation With the National Academy of Sciences. - (1) To
    the extent provided under any agreement entered into by the
    Secretary and the National Academy of Sciences under this Act [Pub.
    L. 102-4, see Short Title of 1991 Amendments note under section 101
    of this title] - 
        "(A) the Secretary shall consult with the Academy regarding the
      establishment and administration of the program under subsection
      (a); and
        "(B) the Academy shall review the studies conducted under
      contracts awarded pursuant to the program and the studies
      conducted with financial assistance furnished pursuant to the
      program.
      "(2) The agreement shall require the Academy to submit to the
    Secretary and the Committees on Veterans' Affairs of the Senate and
    the House of Representatives any recommendations that the Academy
    considers appropriate regarding any studies reviewed under the
    agreement.
      "(e) Funding. - The authority of the Secretary to carry out this
    section is effective in any fiscal year only to the extent or in
    the amount specifically provided in statutory language in
    appropriations Acts.
      "(f) Effective Date. - (1) This section shall take effect at the
    end of the 90-day period beginning on the date on which the first
    report of the National Academy of Sciences under section 3(g) [set
    out above] is received by the Secretary, except that this section
    shall not take effect if the Secretary, after receiving that report
    and before the end of that 90-day period - 
        "(A) determines that it is not feasible or cost-effective to
      carry out this section or that carrying out this section would
      not make a material contribution to the body of scientific
      knowledge concerning the health effects in humans of herbicide
      exposure; and
        "(B) notifies the Committees on Veterans' Affairs of the Senate
      and House of Representatives of the Secretary's determination and
      the reasons therefor.
      "(2) In making a determination under this subsection, the
    Secretary shall give great weight to the views and recommendations
    of the Academy expressed in that report with respect to the
    implementation of this section."

               BLOOD TESTING OF CERTAIN VIETNAM-ERA VETERANS           
      Section 9 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.
    5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
      "(a) Blood Testing. - Subject to subsections (d) and (e), in the
    case of a veteran described in section 1710(e)(1)(A) of title 38,
    United States Code, who - 
        "(1) has applied for medical care from the Department of
      Veterans Affairs; or
        "(2) has filed a claim for, or is in receipt of disability
      compensation under chapter 11 of title 38, United States Code,
    the Secretary of Veterans Affairs shall, upon the veteran's
    request, obtain a sufficient amount of blood serum from the veteran
    to enable the Secretary to conduct a test of the serum to ascertain
    the level of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) which may
    be present in the veteran's body.
      "(b) Notification of Test Results. - Upon completion of such
    test, the Secretary shall notify the veteran of the test results
    and provide the veteran a complete explanation as to what, if
    anything, the results of the test indicate regarding the likelihood
    of the veteran's exposure to TCDD while serving in the Republic of
    Vietnam.
      "(c) Incorporation in System. - The Secretary shall maintain the
    veteran's blood sample and the results of the test as part of the
    system required by section 7 [set out above].
      "(d) Funding. - The authority of the Secretary to carry out this
    section is effective in any fiscal year only to the extent or in
    the amount specifically provided in statutory language in
    appropriations Acts, but such amount shall not exceed $4,000,000 in
    any fiscal year.
      "(e) Effective Date. - (1) This section shall take effect at the
    end of the 90-day period beginning on the date on which the first
    report of the National Academy of Sciences under section 3(g) [set
    out above] is received by the Secretary, except that this section
    shall not take effect if the Secretary, after receiving that report
    and before the end of that 90-day period - 
        "(A) determines that it is not feasible or cost-effective to
      carry out this section or that carrying out this section would
      not make a material contribution to the body of scientific
      knowledge concerning the health effects in humans of herbicide
      exposure; and
        "(B) notifies the Committees on Veterans' Affairs of the Senate
      and House of Representatives of the Secretary's determination and
      the reasons therefor.
      "(2) In making a determination under this subsection, the
    Secretary shall give great weight to the views and recommendations
    of the Academy expressed in that report with respect to the
    implementation of this section."

      STUDY OF EFFECT OF VIETNAM EXPERIENCE ON HEALTH STATUS OF WOMEN
                             VIETNAM VETERANS
      Pub. L. 99-272, title XIX, Sec. 19031, Apr. 7, 1986, 100 Stat.
    385, provided that:
      "(a) Requirement for Epidemiological Study. - (1)(A) Except as
    provided in paragraph (2), the Administrator of Veterans' Affairs
    shall provide for the conduct of an epidemiological study of any
    long-term adverse health effects (particularly gender-specific
    health effects) which have been experienced by women who served in
    the Armed Forces of the United States in the Republic of Vietnam
    during the Vietnam era and which may have resulted from traumatic
    experiences during such service, from exposure during such service
    to phenoxy herbicides (including the herbicide known as Agent
    Orange), to other herbicides, chemicals, or medications that may
    have deleterious health effects, or to environmental hazards, or
    from any other experience or exposure during such service.
      "(B) The Administrator may include in the study conducted under
    this paragraph an evaluation of the means of detecting and treating
    long-term adverse health effects (particularly gender-specific
    health effects) found through the study.
      "(2)(A) If the Administrator, in consultation with the Director
    of the Office of Technology Assessment, determines that it is not
    feasible to conduct a scientifically valid study of an aspect of
    the matters described in paragraph (1) - 
        "(i) the Administrator shall promptly submit to the appropriate
      committees of the Congress a notice of that determination and the
      reasons for the determination; and
        "(ii) the Director, not later than 60 days after the date on
      which such notice is submitted to the committees, shall submit to
      such committees a report evaluating and commenting on such
      determination.
      "(B) The Administrator is not required to study any aspect of the
    matters described in paragraph (1) with respect to which a
    determination is made and a notice is submitted pursuant to
    subparagraph (A)(i).
      "(C) If the Administrator submits to the Congress notice of a
    determination made pursuant to subparagraph (A) that it is not
    scientifically feasible to conduct the study described in paragraph
    (1)(A), this section (effective as of the date of such notice)
    shall cease to have effect as if repealed by law.
      "(3) The Administrator shall provide for the study to be
    conducted through contracts or other agreements with private or
    public agencies or persons.
      "(b) Approval of Protocol. - (1) The study required by subsection
    (a) shall be conducted in accordance with a protocol approved by
    the Director of the Office of Technology Assessment.
      "(2) Not later than July 1, 1986, the Administrator shall publish
    a request for proposals for the design of the protocol to be used
    in conducting the study under this section.
      "(3) In considering any proposed protocol for use or approval
    under this subsection, the Administrator and the Director shall
    take into consideration - 
        "(A) the protocol approved under section 307(a)(2)(A)(i) of the
      Veterans Health Programs Extension and Improvement Act of 1979
      (Public Law 96-151; 38 U.S.C. 219 note [1116 note]); and
        "(B) the experience under the study being conducted pursuant to
      that protocol.
      "(c) OTA Reports. - (1) Concurrent with the approval or
    disapproval of any protocol under subsection (b)(1), the Director
    shall submit to the appropriate committees of the Congress a report
    - 
        "(A) explaining the reasons for the Director's approval or
      disapproval of the protocol, as the case may be; and
        "(B) containing the Director's conclusions regarding the
      scientific validity and objectivity of the protocol.
      "(2) If the Director has not approved a protocol under subsection
    (b)(1) by the last day of the 180-day period beginning on the date
    of the enactment of this Act [Apr. 7, 1986], the Director - 
        "(A) shall, on such day, submit to the appropriate committees
      of the Congress a report describing the reasons why the Director
      has not approved such a protocol; and
        "(B) shall, each 60 days thereafter until such a protocol is
      approved, submit to such committees an updated report on the
      report required by clause (A).
      "(d) OTA Monitoring of Compliance. - (1) In order to ensure
    compliance with the protocol approved under subsection (b)(1), the
    Director shall monitor the conduct of the study under subsection
    (a).
      "(2)(A) The Director shall submit to the appropriate committees
    of the Congress, at each of the times specified in subparagraph
    (B), a report on the Director's monitoring of the conduct of the
    study pursuant to paragraph (1).
      "(B) A report shall be submitted under subparagraph (A) - 
        "(i) before the end of the 6-month period beginning on the date
      on which the Director approves the protocol referred to in
      paragraph (1);
        "(ii) before the end of the 12-month period beginning on such
      date; and
        "(iii) annually thereafter until the study is completed or
      terminated.
      "(e) Duration of Study. - The study conducted pursuant to
    subsection (a) shall be continued for as long after the date on
    which the first report is submitted under subsection (f)(1) as the
    Administrator determines that there is a reasonable possibility of
    developing, through such study, significant new information on the
    health effects described in subsection (a)(1).
      "(f) Reports. - (1) Not later than 24 months after the date of
    the approval of the protocol pursuant to subsection (b)(1) and
    annually thereafter, the Administrator shall submit to the
    appropriate committees of the Congress a report containing - 
        "(A) a description of the results obtained, before the date of
      such report, under the study conducted pursuant to subsection
      (a); and
        "(B) any administrative actions or recommended legislation, or
      both, and any additional comments which the Administrator
      considers appropriate in light of such results.
      "(2) Not later than 90 days after the date on which each report
    required by paragraph (1) is submitted, the Administrator shall
    publish in the Federal Register, for public review and comment, a
    description of any action that the Administrator plans or proposes
    to take with respect to programs administered by the Veterans'
    Administration based on - 
        "(A) the results described in such report;
        "(B) the comments and recommendations received on that report;
      and
        "(C) any other available pertinent information.
    Each such description shall include a justification or rationale
    for the planned or proposed action.
      "(g) Definitions. - For the purposes of this section:
        "(1) The term 'gender-specific health effects' includes - 
          "(A) effects on female reproductive capacity and reproductive
        organs;
          "(B) effects on reproductive outcomes;
          "(C) effects on female-specific organs and tissues; and
          "(D) other effects unique to the physiology of females.
        "(2) The term 'Vietnam era' has the meaning given such term in
      section 101(29) of title 38, United States Code."

          AGENT ORANGE STUDY; REPORT TO CONGRESSIONAL COMMITTEES      
      Pub. L. 96-151, title III, Sec. 307, Dec. 20, 1979, 93 Stat.
    1097, as amended by Pub. L. 97-72, title IV, Sec. 401, Nov. 3,
    1981, 95 Stat. 1061; Pub. L. 98-542, Sec. 8(a), Oct. 24, 1984, 98
    Stat. 2731, directed that a protocol be designed for an
    epidemiological study of the long-term health effects of Agent
    Orange on Armed Forces personnel who served in Vietnam, and that
    reports be submitted to Congress describing results with comments
    and recommendations.

-End-

-CITE-
    38 USC Sec. 1117                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1117. Compensation for disabilities occurring in Persian Gulf
      War veterans

-STATUTE-
      (a)(1) The Secretary may pay compensation under this subchapter
    to a Persian Gulf veteran with a qualifying chronic disability that
    became manifest - 
        (A) during service on active duty in the Armed Forces in the
      Southwest Asia theater of operations during the Persian Gulf War;
      or
        (B) to a degree of 10 percent or more during the presumptive
      period prescribed under subsection (b).

      (2) For purposes of this subsection, the term "qualifying chronic
    disability" means a chronic disability resulting from any of the
    following (or any combination of any of the following):
        (A) An undiagnosed illness.
        (B) A medically unexplained chronic multisymptom illness (such
      as chronic fatigue syndrome, fibromyalgia, and irritable bowel
      syndrome) that is defined by a cluster of signs or symptoms.
        (C) Any diagnosed illness that the Secretary determines in
      regulations prescribed under subsection (d) warrants a
      presumption of service-connection.

      (b) The Secretary shall prescribe by regulation the period of
    time following service in the Southwest Asia theater of operations
    during the Persian Gulf War that the Secretary determines is
    appropriate for presumption of service connection for purposes of
    this section. The Secretary's determination of such period of time
    shall be made following a review of any available credible medical
    or scientific evidence and the historical treatment afforded
    disabilities for which manifestation periods have been established
    and shall take into account other pertinent circumstances regarding
    the experiences of veterans of the Persian Gulf War.
      (c)(1) Whenever the Secretary determines under section 1118(c) of
    this title that a presumption of service connection previously
    established under this section is no longer warranted - 
        (A) a veteran who was awarded compensation under this section
      on the basis of the presumption shall continue to be entitled to
      receive compensation under this section on that basis; and
        (B) a survivor of a veteran who was awarded dependency and
      indemnity compensation for the death of a veteran resulting from
      the disease on the basis of the presumption before that date
      shall continue to be entitled to receive dependency and indemnity
      compensation on that basis.

      (2) This subsection shall cease to be effective on September 30,
    2011.
      (d)(1) The Secretary shall prescribe regulations to carry out
    this section.
      (2) Those regulations shall include the following:
        (A) A description of the period and geographical area or areas
      of military service in connection with which compensation under
      this section may be paid.
        (B) A description of the illnesses for which compensation under
      this section may be paid.
        (C) A description of any relevant medical characteristic (such
      as a latency period) associated with each such illness.

      (e) A disability for which compensation under this subchapter is
    payable shall be considered to be service connected for purposes of
    all other laws of the United States.
      (f) For purposes of this section, the term "Persian Gulf veteran"
    means a veteran who served on active duty in the Armed Forces in
    the Southwest Asia theater of operations during the Persian Gulf
    War.
      (g) For purposes of this section, signs or symptoms that may be a
    manifestation of an undiagnosed illness or a chronic multisymptom
    illness include the following:
        (1) Fatigue.
        (2) Unexplained rashes or other dermatological signs or
      symptoms.
        (3) Headache.
        (4) Muscle pain.
        (5) Joint pain.
        (6) Neurological signs and symptoms.
        (7) Neuropsychological signs or symptoms.
        (8) Signs or symptoms involving the upper or lower respiratory
      system.
        (9) Sleep disturbances.
        (10) Gastrointestinal signs or symptoms.
        (11) Cardiovascular signs or symptoms.
        (12) Abnormal weight loss.
        (13) Menstrual disorders.

      (h)(1) If the Secretary determines with respect to a medical
    research project sponsored by the Department that it is necessary
    for the conduct of the project that Persian Gulf veterans in
    receipt of compensation under this section or section 1118 of this
    title participate in the project without the possibility of loss of
    service connection under either such section, the Secretary shall
    provide that service connection granted under either such section
    for disability of a veteran who participated in the research
    project may not be terminated. Except as provided in paragraph (2),
    notwithstanding any other provision of law any grant of service-
    connection protected under this subsection shall remain service-
    connected for purposes of all provisions of law under this title.
      (2) Paragraph (1) does not apply in a case in which - 
        (A) the original award of compensation or service connection
      was based on fraud; or
        (B) it is clearly shown from military records that the person
      concerned did not have the requisite service or character of
      discharge.

      (3) The Secretary shall publish in the Federal Register a list of
    medical research projects sponsored by the Department for which
    service connection granted under this section or section 1118 of
    this title may not be terminated pursuant to paragraph (1).

-SOURCE-
    (Added Pub. L. 103-446, title I, Sec. 106(a)(1), Nov. 2, 1994, 108
    Stat. 4650; amended Pub. L. 105-277, div. C, title XVI, Sec.
    1602(c), Oct. 21, 1998, 112 Stat. 2681-744; Pub. L. 107-103, title
    II, Secs. 202(a), (b)(1), (d)(1), 203(a), Dec. 27, 2001, 115 Stat.
    988, 989; Pub. L. 109-233, title V, Sec. 503(1), June 15, 2006, 120
    Stat. 415.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (h)(1). Pub. L. 109-233 substituted
    "notwithstanding" for "nothwithstanding".
      2001 - Subsec. (a). Pub. L. 107-103, Sec. 202(a)(1), amended
    subsec. (a) generally. Prior to amendment, subsec. (a) read as
    follows: "The Secretary may pay compensation under this subchapter
    to any Persian Gulf veteran suffering from a chronic disability
    resulting from an undiagnosed illness (or combination of
    undiagnosed illnesses) that - 
        "(1) became manifest during service on active duty in the Armed
      Forces in the Southwest Asia theater of operations during the
      Persian Gulf War; or
        "(2) became manifest to a degree of 10 percent or more within
      the presumptive period prescribed under subsection (b)."
      Subsec. (c)(1). Pub. L. 107-103, Sec. 202(a)(2)(A), struck out
    "for an undiagnosed illness (or combination of undiagnosed
    illnesses)" after "service connection" in introductory provisions.
      Subsec. (c)(1)(A). Pub. L. 107-103, Sec. 202(a)(2)(B), struck out
    "for such illness (or combination of illnesses)" after "awarded
    compensation under this section".
      Subsec. (c)(2). Pub. L. 107-103, Sec. 202(d)(1), substituted "on
    September 30, 2011" for "10 years after the first day of the fiscal
    year in which the National Academy of Sciences submits to the
    Secretary the first report under section 1603 of the Persian Gulf
    War Veterans Act of 1998".
      Subsec. (g). Pub. L. 107-103, Sec. 202(b)(1), added subsec. (g).
      Subsec. (h). Pub. L. 107-103, Sec. 203(a), added subsec. (h).
      1998 - Subsecs. (c) to (f). Pub. L. 105-277 added subsec. (c) and
    redesignated former subsecs. (c) to (e) as (d) to (f),
    respectively.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-103, title II, Sec. 202(c), Dec. 27, 2001, 115 Stat.
    989, provided that: "The amendments made by subsections (a) and (b)
    [amending this section and section 1118 of this title] shall take
    effect on March 1, 2002."
      Pub. L. 107-103, title II, Sec. 203(b), Dec. 27, 2001, 115 Stat.
    990, provided that: "The authority provided by subsection (h) of
    section 1117 of title 38, United States Code, as added by
    subsection (a), may be used by the Secretary of Veterans Affairs
    with respect to any medical research project of the Department of
    Veterans Affairs, whether commenced before, on, or after the date
    of the enactment of this Act [Dec. 27, 2001]."

                                REGULATIONS                            
      Section 106(d) of Pub. L. 103-446 provided that: "If the
    Secretary states in the report under subsection (c) [set out below]
    that the Secretary intends to pay compensation as provided in
    section 1117 of title 38, United States Code, as added by
    subsection (a), the Secretary shall, not later than 30 days after
    the date on which such report is submitted, publish in the Federal
    Register proposed regulations under subsections (b) and (c) of that
    section."

       IMPROVING EFFECTIVENESS OF CARE OF PERSIAN GULF WAR VETERANS   
      Pub. L. 105-368, title I, Sec. 105, Nov. 11, 1998, 112 Stat.
    3324, provided that:
      "(a) Assessment by National Academy of Sciences. - Not later than
    April 1, 1999, the Secretary of Veterans Affairs shall enter into a
    contract with the National Academy of Sciences to review the
    available scientific data in order to - 
        "(1) assess whether a methodology could be used by the
      Department of Veterans Affairs for determining the efficacy of
      treatments furnished to, and health outcomes (including
      functional status) of, Persian Gulf War veterans who have been
      treated for illnesses which may be associated with their service
      in the Persian Gulf War; and
        "(2) identify, to the extent feasible, with respect to each
      undiagnosed illness prevalent among such veterans and for any
      other chronic illness that the Academy determines to warrant such
      review, empirically valid models of treatment for such illness
      which employ successful treatment modalities for populations with
      similar symptoms.
      "(b) Action on Report. - (1) After receiving the final report of
    the National Academy of Sciences under subsection (a), the
    Secretary shall, if a reasonable and scientifically feasible
    methodology is identified by the Academy, develop an appropriate
    mechanism to monitor and study the effectiveness of treatments
    furnished to, and health outcomes of, Persian Gulf War veterans who
    suffer from diagnosed and undiagnosed illnesses which may be
    associated with their service in the Persian Gulf War.
      "(2) The Secretary shall submit to the Committees on Veterans'
    Affairs of the Senate and House of Representatives a report on the
    implementation of paragraph (1).
      "(3) The Secretary shall carry out paragraphs (1) and (2) not
    later than 180 days after receiving the final report of the
    National Academy of Sciences under subsection (a)."

     AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES REGARDING TOXIC DRUGS
                  AND ILLNESSES ASSOCIATED WITH GULF WAR
      Pub. L. 105-277, div. C, title XVI, Sec. 1603-1605, Oct. 21,
    1998, 112 Stat. 2681-745 to 2681-748, as amended by Pub. L. 107-
    103, title II, Sec. 202(d)(2), Dec. 27, 2001, 115 Stat. 989,
    provided that:

      "SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.
      "(a) Purpose. - The purpose of this section is to provide for the
    National Academy of Sciences, an independent nonprofit scientific
    organization with appropriate expertise, to review and evaluate the
    available scientific evidence regarding associations between
    illnesses and exposure to toxic agents, environmental or wartime
    hazards, or preventive medicines or vaccines associated with Gulf
    War service.
      "(b) Agreement. - The Secretary of Veterans Affairs shall seek to
    enter into an agreement with the National Academy of Sciences for
    the Academy to perform the activities covered by this section. The
    Secretary shall seek to enter into the agreement not later than two
    months after the date of enactment of this Act [Oct. 21, 1998].
      "(c) Identification of Agents and Illnesses. - (1) Under the
    agreement under subsection (b), the National Academy of Sciences
    shall - 
        "(A) identify the biological, chemical, or other toxic agents,
      environmental or wartime hazards, or preventive medicines or
      vaccines to which members of the Armed Forces who served in the
      Southwest Asia theater of operations during the Persian Gulf War
      may have been exposed by reason of such service; and
        "(B) identify the illnesses (including diagnosed illnesses and
      undiagnosed illnesses) that are manifest in such members.
      "(2) In identifying illnesses under paragraph (1)(B), the Academy
    shall review and summarize the relevant scientific evidence
    regarding illnesses among the members described in paragraph (1)(A)
    and among other appropriate populations of individuals, including
    mortality, symptoms, and adverse reproductive health outcomes among
    such members and individuals.
      "(d) Initial Consideration of Specific Agents. - (1) In
    identifying under subsection (c) the agents, hazards, or preventive
    medicines or vaccines to which members of the Armed Forces may have
    been exposed for purposes of the first report under subsection (i),
    the National Academy of Sciences shall consider, within the first
    six months after the date of enactment of this Act [Oct. 21, 1998],
    the following:
        "(A) The following organophosphorous pesticides:
          "(i) Chlorpyrifos.
          "(ii) Diazinon.
          "(iii) Dichlorvos.
          "(iv) Malathion.
        "(B) The following carbamate pesticides:
          "(i) Proxpur.
          "(ii) Carbaryl.
          "(iii) Methomyl.
        "(C) The carbamate pyridostigmine bromide used as nerve agent
      prophylaxis.
        "(D) The following chlorinated hydrocarbon and other pesticides
      and repellents:
          "(i) Lindane.
          "(ii) Pyrethrins.
          "(iii) Permethrins.
          "(iv) Rodenticides (bait).
          "(v) Repellent (DEET).
        "(E) The following low-level nerve agents and precursor
      compounds at exposure levels below those which produce
      immediately apparent incapacitating symptoms:
          "(i) Sarin.
          "(ii) Tabun.
        "(F) The following synthetic chemical compounds:
          "(i) Mustard agents at levels below those which cause
        immediate blistering.
          "(ii) Volatile organic compounds.
          "(iii) Hydrazine.
          "(iv) Red fuming nitric acid.
          "(v) Solvents.
          "(vi) Uranium.
        "(G) The following ionizing radiation:
          "(i) Depleted uranium.
          "(ii) Microwave radiation.
          "(iii) Radio frequency radiation.
        "(H) The following environmental particulates and pollutants:
          "(i) Hydrogen sulfide.
          "(ii) Oil fire byproducts.
          "(iii) Diesel heater fumes.
          "(iv) Sand micro-particles.
        "(I) Diseases endemic to the region (including the following):
          "(i) Leishmaniasis.
          "(ii) Sandfly fever.
          "(iii) Pathogenic escherechia coli.
          "(iv) Shigellosis.
        "(J) Time compressed administration of multiple live,
      'attenuated', and toxoid vaccines.
      "(2) The consideration of agents, hazards, and medicines and
    vaccines under paragraph (1) shall not preclude the Academy from
    identifying other agents, hazards, or medicines or vaccines to
    which members of the Armed Forces may have been exposed for
    purposes of any report under subsection (i).
      "(3) Not later than six months after the date of enactment of
    this Act [Oct. 21, 1998], the Academy shall submit to the
    designated congressional committees a report specifying the agents,
    hazards, and medicines and vaccines considered under paragraph (1).
      "(e) Determinations of Associations Between Agents and Illnesses.
    - (1) For each agent, hazard, or medicine or vaccine and illness
    identified under subsection (c), the National Academy of Sciences
    shall determine, to the extent that available scientific data
    permit meaningful determinations - 
        "(A) whether a statistical association exists between exposure
      to the agent, hazard, or medicine or vaccine and the illness,
      taking into account the strength of the scientific evidence and
      the appropriateness of the scientific methodology used to detect
      the association;
        "(B) the increased risk of the illness among human or animal
      populations exposed to the agent, hazard, or medicine or vaccine;
      and
        "(C) whether a plausible biological mechanism or other evidence
      of a causal relationship exists between exposure to the agent,
      hazard, or medicine or vaccine and the illness.
      "(2) The Academy shall include in its reports under subsection
    (i) a full discussion of the scientific evidence and reasoning that
    led to its conclusions under this subsection.
      "(f) Review of Potential Treatment Models for Certain Illnesses. -
     Under the agreement under subsection (b), the National Academy of
    Sciences shall separately review, for each chronic undiagnosed
    illness identified under subsection (c)(1)(B) and for any other
    chronic illness that the Academy determines to warrant such review,
    the available scientific data in order to identify empirically
    valid models of treatment for such illnesses which employ
    successful treatment modalities for populations with similar
    symptoms.
      "(g) Recommendations for Additional Scientific Studies. - (1)
    Under the agreement under subsection (b), the National Academy of
    Sciences shall make any recommendations that it considers
    appropriate for additional scientific studies (including studies
    relating to treatment models) to resolve areas of continuing
    scientific uncertainty relating to the health consequences of
    exposure to toxic agents, environmental or wartime hazards, or
    preventive medicines or vaccines associated with Gulf War service.
      "(2) In making recommendations for additional studies, the
    Academy shall consider the available scientific data, the value and
    relevance of the information that could result from such studies,
    and the cost and feasibility of carrying out such studies.
      "(h) Subsequent Reviews. - (1) Under the agreement under
    subsection (b), the National Academy of Sciences shall conduct on a
    periodic and ongoing basis additional reviews of the evidence and
    data relating to its activities under this section.
      "(2) As part of each review under this subsection, the Academy
    shall - 
        "(A) conduct as comprehensive a review as is practicable of the
      evidence referred to in subsection (c) and the data referred to
      in subsections (e), (f), and (g) that became available since the
      last review of such evidence and data under this section; and
        "(B) make determinations under the subsections referred to in
      subparagraph (A) on the basis of the results of such review and
      all other reviews previously conducted for purposes of this
      section.
      "(i) Reports. - (1) Under the agreement under subsection (b), the
    National Academy of Sciences shall submit to the committees and
    officials referred to in paragraph (5) periodic written reports
    regarding the Academy's activities under the agreement.
      "(2) The first report under paragraph (1) shall be submitted not
    later than 18 months after the date of enactment of this Act [Oct.
    21, 1998]. That report shall include - 
        "(A) the determinations and discussion referred to in
      subsection (e);
        "(B) the results of the review of models of treatment under
      subsection (f); and
        "(C) any recommendations of the Academy under subsection (g).
      "(3) Reports shall be submitted under this subsection at least
    once every two years, as measured from the date of the report under
    paragraph (2).
      "(4) In any report under this subsection (other than the report
    under paragraph (2)), the Academy may specify an absence of
    meaningful developments in the scientific or medical community with
    respect to the activities of the Academy under this section during
    the 2-year period ending on the date of such report.
      "(5) Reports under this subsection shall be submitted to the
    following:
        "(A) The designated congressional committees.
        "(B) The Secretary of Veterans Affairs.
        "(C) The Secretary of Defense.
      "(j) Sunset. - This section shall cease to be effective on
    October 1, 2010.
      "(k) Alternative Contract Scientific Organization. - (1) If the
    Secretary is unable within the time period set forth in subsection
    (b) to enter into an agreement with the National Academy of
    Sciences for the purposes of this section on terms acceptable to
    the Secretary, the Secretary shall seek to enter into an agreement
    for purposes of this section with another appropriate scientific
    organization that is not part of the Government, operates as a not-
    for-profit entity, and has expertise and objectivity comparable to
    that of the National Academy of Sciences.
      "(2) If the Secretary enters into an agreement with another
    organization under this subsection, any reference in this section
    and section 1118 of title 38, United States Code (as added by
    section 1602(a)), to the National Academy of Sciences shall be
    treated as a reference to such other organization.

      "SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.
      "In the event of the enactment, before, on, or after the date of
    the enactment of this Act [Oct. 21, 1998], of section 101 of the
    Veterans Programs Enhancement Act of 1998 [Pub. L. 105-368, 112
    Stat. 3317], or any similar provision of law enacted during the
    second session of the 105th Congress requiring an agreement with
    the National Academy of Sciences regarding an evaluation of health
    consequences of service in Southwest Asia during the Persian Gulf
    War, such section 101 (or other provision of law) shall be treated
    as if never enacted, and shall have no force or effect.

      "SEC. 1605. DEFINITIONS.
      "In this title [enacting section 1118 of this title, amending
    this section and section 1113 of this title, and enacting this note
    and provisions set out as a note under section 101 of this title]:
        "(1) The term 'toxic agent, environmental or wartime hazard, or
      preventive medicine or vaccine associated with Gulf War service'
      means a biological, chemical, or other toxic agent, environmental
      or wartime hazard, or preventive medicine or vaccine that is
      known or presumed to be associated with service in the Armed
      Forces in the Southwest Asia theater of operations during the
      Persian Gulf War, whether such association arises as a result of
      single, repeated, or sustained exposure and whether such
      association arises through exposure singularly or in combination.
        "(2) The term 'designated congressional committees' means the
      following:
          "(A) The Committees on Veterans' Affairs and Armed Services
        of the Senate.
          "(B) The Committees on Veterans' Affairs and National
        Security [now Armed Services] of the House of Representatives.
        "(3) The term 'Persian Gulf War' has the meaning given that
      term in section 101(33) of title 38, United States Code."
      [Pub. L. 105-368, title I, Sec. 101, Nov. 11, 1998, 112 Stat.
    3317, enacted provisions similar to those in sections 1603 and 1605
    of Pub. L. 105-277, set out above. See section 1604 of Pub. L. 105-
    277, set out above.]

                    PERSIAN GULF WAR VETERANS' BENEFITS                
      Sections 102 to 105, 107, 109, and 110 of title I of Pub. L. 103-
    446, as amended by Pub. L. 104-262, title III, Sec. 352(a), Oct.
    9, 1996, 110 Stat. 3210; Pub. L. 105-368, title I, Sec. 107, Nov.
    11, 1998, 112 Stat. 3325; Pub. L. 106-117, title II, Sec. 205(b),
    (c), Nov. 30, 1999, 113 Stat. 1563, provided that:

      "SEC. 102. FINDINGS.
      "The Congress makes the following findings:
        "(1) During the Persian Gulf War, members of the Armed Forces
      were exposed to numerous potentially toxic substances, including
      fumes and smoke from military operations, oil well fires, diesel
      exhaust, paints, pesticides, depleted uranium, infectious agents,
      investigational drugs and vaccines, and indigenous diseases, and
      were also given multiple immunizations. It is not known whether
      these servicemembers were exposed to chemical or biological
      warfare agents. However, threats of enemy use of chemical and
      biological warfare heightened the psychological stress associated
      with the military operation.
        "(2) Significant numbers of veterans of the Persian Gulf War
      are suffering from illnesses, or are exhibiting symptoms of
      illness, that cannot now be diagnosed or clearly defined. As a
      result, many of these conditions or illnesses are not considered
      to be service connected under current law for purposes of
      benefits administered by the Department of Veterans Affairs.
        "(3) The National Institutes of Health Technology Assessment
      Workshop on the Persian Gulf Experience and Health, held in April
      1994, concluded that the complex biological, chemical, physical,
      and psychological environment of the Southwest Asia theater of
      operations produced complex adverse health effects in Persian
      Gulf War veterans and that no single disease entity or syndrome
      is apparent. Rather, it may be that the illnesses suffered by
      those veterans result from multiple illnesses with overlapping
      symptoms and causes that have yet to be defined.
        "(4) That workshop concluded that the information concerning
      the range and intensity of exposure to toxic substances by
      military personnel in the Southwest Asia theater of operations is
      very limited and that such information was collected only after a
      considerable delay.
        "(5) In response to concerns regarding the health-care needs of
      Persian Gulf War veterans, particularly those who suffer from
      illnesses or conditions for which no diagnosis has been made, the
      Congress, in Public Law 102-585 [see Short Title of 1992
      Amendments note under section 101 of this title], directed the
      establishment of a Persian Gulf War Veterans Health Registry,
      authorized health examinations for veterans of the Persian Gulf
      War, and provided for the National Academy of Sciences to conduct
      a comprehensive review and assessment of information regarding
      the health consequences of military service in the Persian Gulf
      theater of operations and to develop recommendations on avenues
      for research regarding such health consequences. In Public Law
      103-210 [see Tables for classification], the Congress authorized
      the Department of Veterans Affairs to provide health care
      services on a priority basis to Persian Gulf War veterans. The
      Congress also provided in Public Law 103-160 (the National
      Defense Authorization Act for Fiscal Year 1994) [see Tables for
      classification] for the establishment of a specialized
      environmental medical facility for the conduct of research into
      the possible health effects of exposure to low levels of
      hazardous chemicals, especially among Persian Gulf veterans, and
      for research into the possible health effects of battlefield
      exposure in such veterans to depleted uranium.
        "(6) In response to concerns about the lack of objective
      research on Gulf War illnesses, Congress included research
      provisions in the National Defense Authorization Act for Fiscal
      Year 1995 [Pub. L. 103-337, see Tables for classification], which
      was passed by the House and Senate in September 1994. This
      legislation requires the Secretary of Defense to provide research
      grants to non-Federal researchers to support three types of
      studies of the Gulf War syndrome. The first type of study will be
      an epidemiological study or studies of the incidence, prevalence,
      and nature of the illness and symptoms and the risk factors
      associated with symptoms or illnesses. This will include
      illnesses among spouses and birth defects and illnesses among
      offspring born before and after the Gulf War. The second group of
      studies shall be conducted to determine the health consequences
      of the use of pyridostigmine bromide as a pretreatment antidote
      enhancer during the Persian Gulf War, alone or in combination
      with exposure to pesticides, environmental toxins, and other
      hazardous substances. The final group of studies shall include
      clinical research and other studies on the causes, possible
      transmission, and treatment of Gulf War syndrome, and will
      include studies of veterans and their spouses and children.
        "(7) Further research and studies must be undertaken to
      determine the underlying causes of the illnesses suffered by
      Persian Gulf War veterans and, pending the outcome of such
      research, veterans who are seriously ill as the result of such
      illnesses should be given the benefit of the doubt and be
      provided compensation benefits to offset the impairment in
      earnings capacities they may be experiencing.

      "SEC. 103. PURPOSES.
      "The purposes of this title [see Short Title of 1994 Amendments
    note under section 101 of this title] are - 
        "(1) to provide compensation to Persian Gulf War veterans who
      suffer disabilities resulting from illnesses that cannot now be
      diagnosed or defined, and for which other causes cannot be
      identified;
        "(2) to require the Secretary of Veterans Affairs to develop at
      the earliest possible date case assessment strategies and
      definitions or diagnoses of such illnesses;
        "(3) to promote greater outreach to Persian Gulf War veterans
      and their families to inform them of ongoing research activities,
      as well as the services and benefits to which they are currently
      entitled; and
        "(4) to ensure that research activities and accompanying
      surveys of Persian Gulf War veterans are appropriately funded and
      undertaken by the Department of Veterans Affairs.

      "SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.
      "(a) Uniform Medical Evaluation Protocol. - (1) The Secretary of
    Veterans Affairs shall develop and implement a uniform and
    comprehensive medical evaluation protocol that will ensure
    appropriate medical assessment, diagnosis, and treatment of Persian
    Gulf War veterans who are suffering from illnesses the origins of
    which are (as of the date of the enactment of this Act [Nov. 2,
    1994]) unknown and that may be attributable to service in the
    Southwest Asia theater of operations during the Persian Gulf War.
    The protocol shall include an evaluation of complaints relating to
    illnesses involving the reproductive system.
      "(2) If such a protocol is not implemented before the end of the
    120-day period beginning on the date of the enactment of this Act
    [Nov. 2, 1994], the Secretary shall, before the end of such period,
    submit to the Committees on Veterans' Affairs of the Senate and
    House of Representatives a report as to why such a protocol has not
    yet been developed.
      "(3)(A) The Secretary shall ensure that the evaluation under the
    protocol developed under this section is available at all
    Department medical centers that have the capability of providing
    the medical assessment, diagnosis, and treatment required under the
    protocol.
      "(B) The Secretary may enter into contracts with non-Department
    medical facilities for the provision of the evaluation under the
    protocol.
      "(C) In the case of a veteran whose residence is distant from a
    medical center described in subparagraph (A), the Secretary may
    provide the evaluation through a Department medical center
    described in that subparagraph and, in such a case, may provide the
    veteran the travel and incidental expenses therefor pursuant to the
    provisions of section 111 of title 38, United States Code.
      "(4)(A) If the Secretary is unable to diagnose the symptoms or
    illness of a veteran provided an evaluation, or if the symptoms or
    illness of a veteran do not respond to treatment provided by the
    Secretary, the Secretary may use the authority in section 1703 of
    title 38, United States Code, in order to provide for the veteran
    to receive diagnostic tests or treatment at a non-Department
    medical facility that may have the capability of diagnosing or
    treating the symptoms or illness of the veteran. The Secretary may
    provide the veteran the travel and incidental expenses therefor
    pursuant to the provisions of section 111 of title 38, United
    States Code.
      "(B) The Secretary shall request from each non-Department medical
    facility that examines or treats a veteran under this paragraph
    such information relating to the diagnosis or treatment as the
    Secretary considers appropriate.
      "(5) In each year after the implementation of the protocol, the
    Secretary shall enter into an agreement with the National Academy
    of Sciences under which agreement appropriate experts shall review
    the adequacy of the protocol and its implementation by the
    Department of Veterans Affairs.
      "(b) Relationship to Other Comprehensive Clinical Evaluation
    Protocols. - The Secretary, in consultation with the Secretary of
    Defense, shall ensure that the information collected through the
    protocol described in this section is collected and maintained in a
    manner that permits the effective and efficient cross-reference of
    that information with information collected and maintained through
    the comprehensive clinical protocols of the Department of Defense
    for Persian Gulf War veterans.
      "(c) Case Definitions and Diagnoses. - The Secretary shall
    develop case definitions or diagnoses for illnesses associated with
    the service described in subsection (a)(1). The Secretary shall
    develop such definitions or diagnoses at the earliest possible
    date.

      "SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.
      "(a) In General. - The Secretary of Veterans Affairs shall
    implement a comprehensive outreach program to inform Persian Gulf
    War veterans and their families of the medical care and other
    benefits that may be provided by the Department of Veterans Affairs
    and the Department of Defense arising from service in the Persian
    Gulf War.
      "(b) Newsletter. - (1) The outreach program shall include a
    newsletter which shall be updated and distributed at least semi-
    annually and shall be distributed to the veterans listed on the
    Persian Gulf War Veterans Health Registry. The newsletter shall
    include summaries of the status and findings of Government
    sponsored research on illnesses of Persian Gulf War veterans and
    their families, as well as on benefits available to such
    individuals through the Department of Veterans Affairs. The
    newsletter shall be prepared in consultation with veterans service
    organizations.
      "(2) The requirement under this subsection for the distribution
    of the newsletter shall terminate on December 31, 2003.
      "(c) Toll-Free Number. - The outreach program shall include
    establishment of a toll-free telephone number to provide Persian
    Gulf War veterans and their families information on the Persian
    Gulf War Veterans Health Registry, health care and other benefits
    provided by the Department of Veterans Affairs, and such other
    information as the Secretary considers appropriate. Such toll-free
    telephone number shall be established not later than 90 days after
    the date of the enactment of this Act [Nov. 2, 1994].

      "SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF
        PERSIAN GULF WAR VETERANS.
      "(a) Evaluation Program. - Subject to subsection (c), the
    Secretary of Veterans Affairs shall conduct a program to evaluate
    the health status of spouses and children of Persian Gulf War
    veterans. Under the program, the Secretary shall provide for the
    conduct of diagnostic testing and appropriate medical examinations
    of any individual - 
        "(1) who is the spouse or child of a veteran who - 
          "(A) is listed in the Persian Gulf War Veterans Registry
        established under section 702 of Public Law 102-585 [set out in
        a note under section 527 of this title]; and
          "(B) is suffering from an illness or disorder;
        "(2) who is apparently suffering from, or may have suffered
      from, an illness or disorder (including a birth defect,
      miscarriage, or stillbirth) which cannot be disassociated from
      the veteran's service in the Southwest Asia theater of
      operations; and
        "(3) who, in the case of a spouse, has granted the Secretary
      permission to include in the Registry relevant medical data
      (including a medical history and the results of diagnostic
      testing and medical examinations) and such other information as
      the Secretary considers relevant and appropriate with respect to
      such individual.
      "(b) Duration of Program. - The program shall be carried out
    during the period beginning on November 1, 1994, and ending on
    December 31, 2003.
      "(c) Funding Limitation. - The amount spent for the program under
    subsection (a) may not exceed $2,000,000.
      "(d) Contracting. - The Secretary may provide for the conduct of
    testing and examinations under subsection (a) through appropriate
    contract arrangements, including fee arrangements described in
    section 1703 of title 38, United States Code.
      "(e) Standard Protocols and Guidelines. - The Secretary shall
    seek to ensure uniform development of medical data through the
    development of standard protocols and guidelines for such testing
    and examinations. If such protocols and guidelines have not been
    adopted before the end of the 120-day period beginning on the date
    of the enactment of this Act [Nov. 2, 1994], the Secretary shall,
    before the end of such period, submit to the Committees on
    Veterans' Affairs of the Senate and House of Representatives a
    report as to why such protocols and guidelines have not yet been
    developed.
      "(f) Entry of Results in Registry. - The results of diagnostic
    tests, medical histories, and medical examinations conducted under
    subsection (a) shall be entered into the Persian Gulf War Veterans
    Health Registry.
      "(g) Outreach. - The Secretary shall conduct such outreach
    activities as the Secretary determines necessary for the purposes
    of the program. In conducting such outreach activities, the
    Secretary shall advise that medical treatment is not available
    under the program.
      "(h) Use Outside Department of Standard Protocols and Guidelines.
    - The Secretary shall - 
        "(1) make the standard protocols and guidelines developed under
      this section available to any entity which requests a copy of
      such protocols and guidelines; and
        "(2) enter into the registry the results of any examination of
      the spouse or child of a veteran who served in the Persian Gulf
      theater which a licensed physician certifies was conducted using
      those standard protocols and guidelines.
      "(i) Report to Congress. - Not later than July 31, 1999, the
    Secretary shall submit to the Committees on Veterans' Affairs of
    the Senate and House of Representatives a report on activities with
    respect to the program, including the provision of services under
    subsection (d).
      "(j) Definitions. - For purposes of this section, the terms
    'child' and 'spouse' have the meanings given those terms in
    paragraphs (4) and (31), respectively, of section 101 of title 38,
    United States Code.

      "SEC. 109. SURVEY OF PERSIAN GULF VETERANS.
      "(a) In General. - The Secretary of Veterans Affairs may carry
    out a survey of Persian Gulf veterans to gather information on the
    incidence and nature of health problems occurring in Persian Gulf
    veterans and their families.
      "(b) Coordination With Department of Defense. - Any survey under
    subsection (a) shall be carried out in coordination with the
    Secretary of Defense.
      "(c) Persian Gulf Veteran. - For purposes of this section, a
    Persian Gulf veteran is an individual who served on active duty in
    the Armed Forces in the Southwest Asia theater of operations during
    the Persian Gulf War as defined in section 101(33) of title 38,
    United States Code.

      "SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.
      "(a) Study of Health Consequences of Persian Gulf Service. - If
    the National Academy of Sciences includes in the report required by
    section 706(b) of the Veterans Health Care Act of 1992 (Public Law
    102-585) [set out in a note under section 527 of this title] a
    finding that there is a sound basis for an epidemiological study or
    studies on the health consequences of service in the Persian Gulf
    theater of operations during the Persian Gulf War and recommends
    the conduct of such a study or studies, the Secretary of Veterans
    Affairs is authorized to carry out such study.
      "(b) Oversight. - (1) The Secretary shall seek to enter into an
    agreement with the Medical Follow-Up Agency (MFUA) of the Institute
    of Medicine of the National Academy of Sciences for (A) the review
    of proposals to conduct the research referred to in subsection (a),
    (B) oversight of such research, and (C) review of the research
    findings.
      "(2) If the Secretary is unable to enter into an agreement under
    paragraph (1) with the entity specified in that paragraph, the
    Secretary shall enter into an agreement described in that paragraph
    with another appropriate scientific organization which does not
    have a connection to the Department of Veterans Affairs. In such a
    case, the Secretary shall submit to the Committees on Veterans'
    Affairs of the Senate and House of Representatives, at least 90
    days before the date on which the agreement is entered into, notice
    in writing identifying the organization with which the Secretary
    intends to enter into the agreement.
      "(c) Access to Data. - The Secretary shall enter into agreements
    with the Secretary of Defense and the Secretary of Health and Human
    Services to make available for the purposes of any study described
    in subsection (a) all data that the Secretary, in consultation with
    the National Academy of Sciences and the contractor for the study,
    considers relevant to the study.
      "(d) Authorization. - There are authorized to be appropriated to
    the Department such sums as are necessary for the conduct of
    studies described in subsection (a)."
      [Pub. L. 104-262, title III, Sec. 352(b), Oct. 9, 1996, 110 Stat.
    3211, provided that: "Any diagnostic testing and medical
    examinations undertaken by the Secretary of Veterans Affairs for
    the purpose of the study required by subsection (a) of such section
    [section 107(a) of Pub. L. 103-446, set out above] during the
    period beginning on October 1, 1996, and ending on the date of the
    enactment of this Act [Oct. 9, 1996] is hereby ratified."]

            REPORT TO CONGRESS ON INTENTION TO PAY COMPENSATION        
      Section 106(c) of Pub. L. 103-446 directed Secretary of Veterans
    Affairs, not later than 60 days after Nov. 2, 1994, to submit to
    Congress a report stating whether or not the Secretary intended to
    pay compensation as provided in this section.

-EXEC-
                         EXECUTIVE ORDER NO. 12961                     
      Ex. Ord. No. 12961, May 26, 1995, 60 F.R. 28507, which
    established the Presidential Advisory Committee on Gulf War
    Veterans' Illnesses, was revoked by Ex. Ord. No. 13138, Sec. 3(g),
    Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under
    section 14 of the Appendix to Title 5, Government Organization and
    Employees.

    EX. ORD. NO. 13034. EXTENSION OF PRESIDENTIAL ADVISORY COMMITTEE ON
                       GULF WAR VETERANS' ILLNESSES
      Ex. Ord. No. 13034, Jan. 30, 1997, 62 F.R. 5137, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, it is hereby ordered
    as follows:
      Section 1. Extension. The Presidential Advisory Committee on Gulf
    War Veterans' Illnesses (the "Committee"), established pursuant to
    Executive Order 12961 [set out above] of May 26, 1995, is hereby
    extended for the purposes set forth herein. All provisions of that
    order relating to membership and administration shall remain in
    effect. All Committee appointments, as well as the President's
    designation of a Chairperson, shall remain in effect. The
    limitations set forth in section 2(c)-(e) and section 4(a) of
    Executive Order 12961 shall also remain in effect. The Committee
    shall remain subject to the Federal Advisory Committee Act, as
    amended, 5 U.S.C. App.
      Sec. 2. Functions. (a) The Committee shall report to the
    President through the Secretary of Defense, the Secretary of
    Veterans Affairs, and the Secretary of Health and Human Services.
      (b) The Committee shall have two principal roles:
      (1) Oversight of the ongoing investigation being conducted by the
    Department of Defense with the assistance, as appropriate, of other
    executive departments and agencies into possible chemical or
    biological warfare agent exposures during the Gulf War; and
      (2) Evaluation of the Federal Government's plan for and progress
    towards the implementation of the Committee's recommendations
    contained in its Final Report submitted on December 31, 1996.
      (c) The Committee shall provide advice and recommendations
    related to its oversight and evaluation responsibilities.
      (d) The Committee may also provide additional advice and
    recommendations prompted by any new developments related to its
    original functions as set forth in section 2(b) of Executive Order
    12961.
      (e) The Committee shall submit by letter a status report by April
    30, 1997, and a final supplemental report by October 31, 1997,
    unless otherwise directed by the President.
      Sec. 3. General Provisions. (a) The Committee shall terminate 30
    days after submitting its final supplemental report.
      (b) This order is intended only to improve the internal
    management of the executive branch and it is not intended to create
    any right, benefit or trust responsibility, substantive or
    procedural, enforceable at law or equity by a party against the
    United States, its agencies, its officers, or any person.
                                                     William J. Clinton.

-End-

-CITE-
    38 USC Sec. 1118                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1118. Presumptions of service connection for illnesses
      associated with service in the Persian Gulf during the Persian
      Gulf War

-STATUTE-
      (a)(1) For purposes of section 1110 of this title, and subject to
    section 1113 of this title, each illness, if any, described in
    paragraph (2) shall be considered to have been incurred in or
    aggravated by service referred to in that paragraph,
    notwithstanding that there is no record of evidence of such illness
    during the period of such service.
      (2) An illness referred to in paragraph (1) is any diagnosed or
    undiagnosed illness that - 
        (A) the Secretary determines in regulations prescribed under
      this section to warrant a presumption of service connection by
      reason of having a positive association with exposure to a
      biological, chemical, or other toxic agent, environmental or
      wartime hazard, or preventive medicine or vaccine known or
      presumed to be associated with service in the Armed Forces in the
      Southwest Asia theater of operations during the Persian Gulf War;
      and
        (B) becomes manifest within the period, if any, prescribed in
      such regulations in a veteran who served on active duty in that
      theater of operations during that war and by reason of such
      service was exposed to such agent, hazard, or medicine or
      vaccine.

      (3) For purposes of this subsection, a veteran who served on
    active duty in the Southwest Asia theater of operations during the
    Persian Gulf War and has an illness described in paragraph (2)
    shall be presumed to have been exposed by reason of such service to
    the agent, hazard, or medicine or vaccine associated with the
    illness in the regulations prescribed under this section unless
    there is conclusive evidence to establish that the veteran was not
    exposed to the agent, hazard, or medicine or vaccine by reason of
    such service.
      (4) For purposes of this section, signs or symptoms that may be a
    manifestation of an undiagnosed illness include the signs and
    symptoms listed in section 1117(g) of this title.
      (b)(1)(A) Whenever the Secretary makes a determination described
    in subparagraph (B), the Secretary shall prescribe regulations
    providing that a presumption of service connection is warranted for
    the illness covered by that determination for purposes of this
    section.
      (B) A determination referred to in subparagraph (A) is a
    determination based on sound medical and scientific evidence that a
    positive association exists between - 
        (i) the exposure of humans or animals to a biological,
      chemical, or other toxic agent, environmental or wartime hazard,
      or preventive medicine or vaccine known or presumed to be
      associated with service in the Southwest Asia theater of
      operations during the Persian Gulf War; and
        (ii) the occurrence of a diagnosed or undiagnosed illness in
      humans or animals.

      (2)(A) In making determinations for purposes of paragraph (1),
    the Secretary shall take into account - 
        (i) the reports submitted to the Secretary by the National
      Academy of Sciences under section 1603 of the Persian Gulf War
      Veterans Act of 1998; and
        (ii) all other sound medical and scientific information and
      analyses available to the Secretary.

      (B) In evaluating any report, information, or analysis for
    purposes of making such determinations, the Secretary shall take
    into consideration whether the results are statistically
    significant, are capable of replication, and withstand peer review.
      (3) An association between the occurrence of an illness in humans
    or animals and exposure to an agent, hazard, or medicine or vaccine
    shall be considered to be positive for purposes of this subsection
    if the credible evidence for the association is equal to or
    outweighs the credible evidence against the association.
      (c)(1) Not later than 60 days after the date on which the
    Secretary receives a report from the National Academy of Sciences
    under section 1603 of the Persian Gulf War Veterans Act of 1998,
    the Secretary shall determine whether or not a presumption of
    service connection is warranted for each illness, if any, covered
    by the report.
      (2) If the Secretary determines under this subsection that a
    presumption of service connection is warranted, the Secretary
    shall, not later than 60 days after making the determination, issue
    proposed regulations setting forth the Secretary's determination.
      (3)(A) If the Secretary determines under this subsection that a
    presumption of service connection is not warranted, the Secretary
    shall, not later than 60 days after making the determination,
    publish in the Federal Register a notice of the determination. The
    notice shall include an explanation of the scientific basis for the
    determination.
      (B) If an illness already presumed to be service connected under
    this section is subject to a determination under subparagraph (A),
    the Secretary shall, not later than 60 days after publication of
    the notice under that subparagraph, issue proposed regulations
    removing the presumption of service connection for the illness.
      (4) Not later than 90 days after the date on which the Secretary
    issues any proposed regulations under this subsection, the
    Secretary shall issue final regulations. Such regulations shall be
    effective on the date of issuance.
      (d) Whenever the presumption of service connection for an illness
    under this section is removed under subsection (c) - 
        (1) a veteran who was awarded compensation for the illness on
      the basis of the presumption before the effective date of the
      removal of the presumption shall continue to be entitled to
      receive compensation on that basis; and
        (2) a survivor of a veteran who was awarded dependency and
      indemnity compensation for the death of a veteran resulting from
      the illness on the basis of the presumption before that date
      shall continue to be entitled to receive dependency and indemnity
      compensation on that basis.

      (e) Subsections (b) through (d) shall cease to be effective on
    September 30, 2011.

-SOURCE-
    (Added Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(1), Oct.
    21, 1998, 112 Stat. 2681-742; amended Pub. L. 107-103, title II,
    Sec. 202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1603 of the Persian Gulf War Veterans Act of 1998,
    referred to in subsecs. (b)(2)(A)(i) and (c)(1), is section 1603 of
    Pub. L. 105-277, which is set out in a note under section 1117 of
    this title.

-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a)(4). Pub. L. 107-103, Sec. 202(b)(2), added
    par. (4).
      Subsec. (e). Pub. L. 107-103, Sec. 202(d)(1), substituted "on
    September 30, 2011" for "10 years after the first day of the fiscal
    year in which the National Academy of Sciences submits to the
    Secretary the first report under section 1603 of the Persian Gulf
    War Veterans Act of 1998".

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by section 202(b)(2) of Pub. L. 107-103 effective Mar.
    1, 2002, see section 202(c) of Pub. L. 107-103, set out as a note
    under section 1117 of this title.

-End-

-CITE-
    38 USC SUBCHAPTER III - WARTIME DEATH COMPENSATION          01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER III - WARTIME DEATH COMPENSATION

-HEAD-
                SUBCHAPTER III - WARTIME DEATH COMPENSATION            

-End-

-CITE-
    38 USC Sec. 1121                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER III - WARTIME DEATH COMPENSATION

-HEAD-
    Sec. 1121. Basic entitlement

-STATUTE-
      The surviving spouse, child or children, and dependent parent or
    parents of any veteran who died before January 1, 1957 as the
    result of injury or disease incurred in or aggravated by active
    military, naval, or air service, in line of duty, during a period
    of war, shall be entitled to receive compensation at the monthly
    rates specified in section 1122 of this title.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 321; Pub. L. 92-
    197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title
    IV, Sec. 404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered Sec.
    1121 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,
    105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 321 of this
    title as this section.
      Pub. L. 102-83, Sec. 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 circumstances described in
    section 417(a) 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 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.

-End-

-CITE-
    38 USC Sec. 1122                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER III - WARTIME DEATH COMPENSATION

-HEAD-
    Sec. 1122. Rates of wartime death compensation

-STATUTE-
      (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 additional child, total amount to be
      equally divided);
        (6) Dependent parent, $75;
        (7) Both dependent parents, $40 each.

      (b) The monthly rate of death compensation payable to a surviving
    spouse or dependent parent 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.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 322; Pub. L. 91-
    96, Sec. 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, Sec.
    3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 9, Dec.
    15, 1971, 85 Stat. 662; Pub. L. 93-295, title II, Sec. 204, May 31,
    1974, 88 Stat. 183; Pub. L. 94-169, title II, Sec. 202, Dec. 23,
    1975, 89 Stat. 1021; Pub. L. 94-432, title IV, Sec. 401, Sept. 30,
    1976, 90 Stat. 1372; Pub. L. 94-433, title IV, Sec. 404(13)-(17),
    Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95-204, title III,
    Sec. 301, Dec. 2, 1977, 91 Stat. 1459; renumbered Sec. 1122, Pub.
    L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109-233,
    title V, Sec. 502(3), June 15, 2006, 120 Stat. 415.)

-MISC1-
                                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, Sec. 404(13)-(16),
    substituted "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, Sec. 404(17), substituted "surviving
    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).

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 302 of Pub. L. 95-204 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                 
      Section 202 of Pub. L. 94-169, as amended by section 101 of Pub.
    L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
    that section 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 second calendar
    month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91-
    96, set out as a note under section 1302 of this title.

-End-

-CITE-
    38 USC SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION    01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
             SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION         

-End-

-CITE-
    38 USC Sec. 1131                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1131. Basic entitlement

-STATUTE-
      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
    active military, naval, or air service, during other than a period
    of war, the United States will pay to any veteran thus disabled and
    who was discharged or released under conditions other than
    dishonorable from the period of service in which said injury or
    disease was incurred, or preexisting injury or disease was
    aggravated, compensation as provided in this subchapter, but no
    compensation shall be paid if the disability is a result of the
    veteran's own willful misconduct or abuse of alcohol or drugs.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 331; Pub. L.
    101-508, title VIII, Sec. 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388-
    351; renumbered Sec. 1131, Pub. L. 102-83, Sec. 5(a), Aug. 6,
    1991, 105 Stat. 406; Pub. L. 105-178, title VIII, Sec. 8202(b),
    June 9, 1998, 112 Stat. 492; Pub. L. 105-206, title IX, Sec.
    9014(a), July 22, 1998, 112 Stat. 865.)

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-178, which directed the substitution of ",
    abuse of alcohol or drugs, or use of tobacco products" for "or
    abuse of alcohol or drugs" before the period at end, was amended
    generally by Pub. L. 105-206, which provided that the amendments
    made by that section as originally enacted shall be treated for all
    purposes as not having been made. See Effective Date of 1998
    Amendment note below.
      1991 - Pub. L. 102-83 renumbered section 331 of this title as
    this section.
      1990 - Pub. L. 101-508 substituted "a result of the veteran's own
    willful misconduct or abuse of alcohol or drugs" for "the result of
    the veteran's own willful misconduct".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Title IX of Pub. L. 105-206 effective simultaneously with
    enactment of Pub. L. 105-178 and to be treated as included in Pub.
    L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,
    as in effect on day before July 22, 1998, that are amended by title
    IX of Pub. L. 105-206 to be treated as not enacted, see section
    9016 of Pub. L. 105-206, set out as a note under section 101 of
    Title 23, Highways.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-508 effective with respect to claims
    filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508,
    set out as a note under section 105 of this title.

                      CONSTRUCTION OF 1998 AMENDMENT                  
      Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat.
    865, provided that section 8202 of Pub. L. 105-178 is amended
    generally and that the amendments made by that section as
    originally enacted shall be treated for all purposes as not having
    been made.

-End-

-CITE-
    38 USC Sec. 1132                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1132. Presumption of sound condition

-STATUTE-
      For the purposes of section 1131 of this title, every person
    employed in the active military, naval, or air service for six
    months or more shall be taken to have been in sound condition when
    examined, accepted and enrolled for service, except as to defects,
    infirmities, or disorders noted at the time of the examination,
    acceptance and enrollment, or where evidence or medical judgment is
    such as to warrant a finding that the disease or injury existed
    before acceptance and enrollment.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 332; renumbered
    Sec. 1132 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
    1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 332 of this
    title as this section.
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for "331".

-End-

-CITE-
    38 USC Sec. 1133                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1133. Presumptions relating to certain diseases

-STATUTE-
      (a) For the purposes of section 1131 of this title, and subject
    to the provisions of subsections (b) and (c) of this section, any
    veteran who served for six months or more and contracts a tropical
    disease or a resultant disorder or disease originating because of
    therapy administered in connection with a tropical disease, or as a
    preventative thereof, shall be deemed to have incurred such
    disability in the active military, naval, or air service when it is
    shown to exist within one year after separation from active
    service, or at a time when standard and accepted treatises indicate
    that the incubation period thereof commenced during active service.
      (b) Service-connection shall not be granted pursuant to
    subsection (a), in any case where the disease or disorder is shown
    by clear and unmistakable evidence to have had its inception before
    or after active military, naval, or air service.
      (c) Nothing in this section shall be construed to prevent the
    granting of service-connection for any disease or disorder
    otherwise shown by sound judgment to have been incurred in or
    aggravated by active military, naval, or air service.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 333; renumbered
    Sec. 1133 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
    1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 333 of this
    title as this section.
      Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for
    "331".

-End-

-CITE-
    38 USC Sec. 1134                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1134. Rates of peacetime disability compensation

-STATUTE-
      For the purposes of section 1131 of this title, the compensation
    payable for the disability shall be that specified in section 1114
    of this title.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 334; Pub. L. 92-
    328, title I, Sec. 108(a), June 30, 1972, 86 Stat. 396; renumbered
    Sec. 1134 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
    1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 334 of this
    title as this section.
      Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for "331" and
    "1114" for "314".
      1972 - Pub. L. 92-328 substituted provisions that compensation
    payable for the disability be that specified in section 314 of this
    title, for provisions that compensation 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.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 301(b) of Pub. L. 92-328 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."

-End-

-CITE-
    38 USC Sec. 1135                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1135. Additional compensation for dependents

-STATUTE-
      Any veteran entitled to compensation at the rates provided in
    section 1134 of this title, and whose disability is rated not less
    than 30 percent, shall be entitled to additional monthly
    compensation for dependents as provided in section 1115 of this
    title.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 335; Pub. L. 92-
    328, title I, Sec. 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98-
    543, title I, Sec. 112(a), Oct. 24, 1984, 98 Stat. 2740;
    renumbered Sec. 1135 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),
    Aug. 6, 1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 335 of this
    title as this section.
      Pub. L. 102-83, Sec. 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 compensation for dependents as
    provided in section 315 of this title, for provisions that the
    veteran be entitled to additional monthly compensation for
    dependents equal to 80% of the additional compensation for
    dependents provided in section 315 of this title, and subject to
    the limitations thereof, and adjusted upward or downward to the
    nearest dollar.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 112(b) of Pub. L. 98-543 provided that: "The amendment
    made by subsection (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.

-End-

-CITE-
    38 USC Sec. 1136                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
    [Sec. 1136. Vacant]

-COD-
                               CODIFICATION                           
      Prior to renumbering of sections 301 to 363 of this chapter as
    sections 1101 to 1163 by Pub. L. 102-83, Sec. 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
    compensation under the provisions of this subchapter, was repealed
    by Pub. L. 92-328, title I, Sec. 108(c), title III, Sec. 301(b),
    June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973.

-End-

-CITE-
    38 USC Sec. 1137                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-
    Sec. 1137. Wartime presumptions for certain veterans

-STATUTE-
      For the purposes of this subchapter and subchapter 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, or air service after
    December 31, 1946.

-SOURCE-
    (Added Pub. L. 89-358, Sec. 7(a), Mar. 3, 1966, 80 Stat. 27, Sec.
    337; amended Pub. L. 93-295, title II, Sec. 205, May 31, 1974, 88
    Stat. 183; renumbered Sec. 1137 and amended Pub. L. 102-83, Sec.
    5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 337 of this
    title as this section.
      Pub. L. 102-83, Sec. 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".

                     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.

-End-

-CITE-
    38 USC SUBCHAPTER V - PEACETIME DEATH COMPENSATION          01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-
                SUBCHAPTER V - PEACETIME DEATH COMPENSATION            

-End-

-CITE-
    38 USC Sec. 1141                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-
    Sec. 1141. Basic entitlement

-STATUTE-
      The surviving spouse, child or children, and dependent parent or
    parents of any veteran who died before January 1, 1957, as the
    result of injury or disease incurred in or aggravated by active
    military, naval, or air service, in line of duty, during other than
    a period of war, shall be entitled to receive compensation as
    hereinafter provided in this subchapter.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 341; Pub. L. 92-
    197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title
    IV, Sec. 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec.
    1141, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      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 circumstances described in
    section 417(a) 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 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.

-End-

-CITE-
    38 USC Sec. 1142                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-
    Sec. 1142. Rates of peacetime death compensation

-STATUTE-
      For the purposes of section 1141 of this title, the monthly rates
    of death compensation payable shall be those specified in section
    1122 of this title.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 342; Pub. L. 93-
    295, title II, Sec. 206(a), May 31, 1974, 88 Stat. 183; renumbered
    Sec. 1142 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,
    1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 342 of this
    title as this section.
      Pub. L. 102-83, Sec. 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, adjusted upward or downward to the
    nearest dollar, counting fifty cents and over as a whole dollar".

                     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.

-End-

-CITE-
    38 USC Sec. 1143                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-
    [Sec. 1143. Vacant]

-COD-
                               CODIFICATION                           
      Prior to renumbering of sections 301 to 363 of this chapter as
    sections 1101 to 1163 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
    105 Stat. 406, section 343 of this chapter, Pub. L. 85-857, Sept.
    2, 1958, 72 Stat. 1124, which prescribed conditions under which
    wartime rates of compensation were payable, was repealed by Pub. L.
    93-295, title II, Sec. 206(b), title IV, Sec. 401, May 31, 1974, 88
    Stat. 183, 184, effective May 1, 1974.

-End-

-CITE-
    38 USC SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS      01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
              SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS          

-End-

-CITE-
    38 USC Sec. 1151                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1151. Benefits for persons disabled by treatment or vocational
      rehabilitation

-STATUTE-
      (a) Compensation under this chapter and dependency 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-connected. 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
    misconduct and - 
        (1) the disability or death was caused by hospital 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 facility 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 surgical
        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 rehabilitation services by the
      Secretary (including by a service-provider used by the Secretary
      for such purpose under section 3115 of this title) as part of an
      approved rehabilitation 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 December 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
    December 1, 1962, enters into a settlement or compromise 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 account 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, settlement, or compromise.
      (2) In the case of a judgment, settlement, or compromise covered
    by paragraph (1) that becomes final on or after the date of the
    enactment of this paragraph and that includes an amount that is
    specifically designated for a purpose for which benefits are
    provided under chapter 21 or 39 of this title (hereinafter in this
    paragraph referred to as the "offset amount"), if such judgment,
    settlement, or compromise becomes final before the date of the
    award of benefits under chapter 21 or 39 for the purpose for which
    the offset amount was specifically designated - 
        (A) the amount of such award shall be reduced by the offset
      amount; and
        (B) if the offset amount is greater than the amount of such
      award, the excess amount received 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.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 351; Pub. L. 87-
    825, Sec. 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 91-24, Sec. 3,
    June 11, 1969, 83 Stat. 33; Pub. L. 94-433, title IV, Sec. 404(19),
    Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec.
    213(1), Mar. 2, 1984, 98 Stat. 46; renumbered Sec. 1151 and amended
    Pub. L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403,
    406; Pub. L. 104-204, title IV, Sec. 422(a), Sept. 26, 1996, 110
    Stat. 2926; Pub. L. 106-419, title III, Sec. 303, Nov. 1, 2000, 114
    Stat. 1853; Pub. L. 108-454, title III, Sec. 304(a),(c), Dec. 10,
    2004, 118 Stat. 3611.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of the enactment of this paragraph, referred to in
    subsec. (b)(2), is the date of enactment of Pub. L. 108-454, which
    was approved Dec. 10, 2004.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-454, Sec. 304(c), designated
    existing provision as par. (1), inserted "(except as otherwise
    provided in paragraph (2))" after "service-connected, then", and
    added par. (2).
      Subsec. (c). Pub. L. 108-454, Sec. 304(a), added subsec. (c).
      2000 - Subsec. (a)(2). Pub. L. 106-419 inserted "(A)" after
    "proximately caused" and added cl. (B).
      1996 - Subsec. (a). Pub. L. 104-204, Sec. 422(a)(1), added
    subsec. (a) and struck out former first sentence of section which
    read as follows: "Where any veteran shall have suffered an injury,
    or an aggravation of an injury, as the result of hospitalization,
    medical or surgical treatment, or the pursuit of a course of
    vocational rehabilitation under chapter 31 of this title, awarded
    under any of the laws administered by the Secretary, or as a result
    of having submitted to an examination under any such law, and not
    the result of such veteran's own willful misconduct, and such
    injury or aggravation results in additional disability to or the
    death of such veteran, disability or death compensation under this
    chapter and dependency and indemnity compensation under chapter 13
    of this title shall be awarded in the same manner as if such
    disability, aggravation, or death were service-connected."
      Subsec. (b). Pub. L. 104-204, Sec. 422(a)(2), designated second
    sentence of section as subsec. (b), struck out ", aggravation,"
    after "disability" in two places, and substituted "this subsection
    equals the total amount" for "this sentence equals the total
    amount".
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 351 of this
    title as this section.
      Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the
    Secretary" for "administered by the Veterans' Administration".
      1984 - Pub. L. 98-223 substituted "title 28" for "title 28,
    United States Code," in two places.
      1976 - Pub. L. 94-433 struck out "him" before "under any of the
    laws" and substituted "such veteran's" for "his" in first sentence.
      1969 - Pub. L. 91-24 substituted ", on or after December 1,
    1962," for "hereafter" wherever appearing.
      1962 - Pub. L. 87-825 provided that where an individual is
    awarded a judgment under section 1346(b) of title 28, enters a
    settlement or compromise under section 2672 or 2677 of such title
    by reason of a disability, aggravation, or death treated pursuant
    to this section as if service-connected, then no benefits shall be
    paid such individual for any month beginning after such judgment,
    settlement or compromise becomes final until the aggregate amount
    of benefits equals the total amount included in such judgment,
    settlement, or compromise, and struck out provisions which required
    that no benefits were to be awarded unless application was made
    therefor within two years after an injury or aggravation was
    suffered, or a death occurred.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-454, title III, Sec. 304(b), Dec. 10, 2004, 118 Stat.
    3611, provided that: "Subsection (c) of section 1151 of title 38,
    United States Code, as added by subsection (a), shall apply with
    respect to eligibility for benefits and services provided by the
    Secretary of Veterans Affairs on or after the date of the enactment
    of this Act [Dec. 10, 2004]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 422(b), (c) of Pub. L. 104-204 provided that:
      "(b)(1) The amendments made by subsection (a) [amending this
    section] shall take effect on October 1, 1996.
      "(2) Section 1151 of title 38, United States Code (as amended by
    subsection (a)), shall govern all administrative and judicial
    determinations of eligibility for benefits under such section that
    are made with respect to claims filed on or after the effective
    date set forth in paragraph (1) [Oct. 1, 1996], including those
    based on original applications and applications seeking to reopen,
    revise, reconsider, or otherwise readjudicate on any basis claims
    for benefits under such section 1151 or any provision of law that
    is a predecessor of such section.
      "(c) Nothwithstanding [sic] subsection (b)(1), section 421(d)
    [set out as a note under section 1801 of this title], or any other
    provision of this Act [see Tables for classification], section 421
    [enacting sections 1801 to 1806 of this title, amending section
    5312 of this title, and enacting provisions set out as notes under
    section 1801 of this title] and this section [amending this
    section] shall not take effect until October 1, 1997, unless
    legislation other than this Act is enacted to provide for an
    earlier effective date."

                     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 1962 AMENDMENT                 
      Amendment by Pub. L. 87-825 effective first day of second
    calendar month which begins after Oct. 15, 1962, see section 7 of
    Pub. L. 87-825, set out as a note under section 110 of this title.

-End-

-CITE-
    38 USC Sec. 1152                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1152. Persons heretofore having a compensable status

-STATUTE-
      The death and disability benefits of this chapter shall,
    notwithstanding the service requirements thereof, be granted to
    persons heretofore recognized by law as having a compensable
    status, including persons whose claims are based on war or
    peacetime service rendered before April 21, 1898.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 352; renumbered
    Sec. 1152, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83 renumbered section 352 of this title as
    this section.

-End-

-CITE-
    38 USC Sec. 1153                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1153. Aggravation

-STATUTE-
      A preexisting injury or disease will be considered to have been
    aggravated by active military, naval, or air service, where there
    is an increase in disability during such service, unless there is a
    specific finding that the increase in disability is due to the
    natural progress of the disease.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 353; renumbered
    Sec. 1153, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83 renumbered section 353 of this title as
    this section.

-End-

-CITE-
    38 USC Sec. 1154                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1154. Consideration to be accorded time, place, and
      circumstances of service

-STATUTE-
      (a) The Secretary shall include in the regulations pertaining to
    service-connection of disabilities (1) additional provisions in
    effect requiring that in each case where a veteran is seeking
    service-connection for any disability due consideration shall be
    given to the places, types, and circumstances of such veteran's
    service as shown by such veteran's service record, the official
    history of each organization in which such veteran served, such
    veteran's medical records, and all pertinent medical and lay
    evidence, and (2) the provisions required by section 5 of the
    Veterans' Dioxin and Radiation Exposure Compensation Standards Act
    (Public Law 98-542; 98 Stat. 2727).
      (b) In the case of any veteran who engaged in combat with the
    enemy in active service with a military, naval, or air organization
    of the United States during a period of war, campaign, or
    expedition, the Secretary shall accept as sufficient proof of
    service-connection of any disease or injury alleged to have been
    incurred in or aggravated by such service satisfactory lay or other
    evidence of service incurrence or aggravation of such injury or
    disease, if consistent with the circumstances, conditions, or
    hardships of such service, notwithstanding the fact that there is
    no official record of such incurrence or aggravation in such
    service, and, to that end, shall resolve every reasonable doubt in
    favor of the veteran. Service-connection of such injury or disease
    may be rebutted by clear and convincing evidence to the contrary.
    The reasons for granting or denying service-connection in each case
    shall be recorded in full.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 354; Pub. L. 94-
    433, title IV, Sec. 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub.
    L. 98-542, Sec. 4, Oct. 24, 1984, 98 Stat. 2727; Pub. L. 102-54,
    Sec. 14(b)(1), June 13, 1991, 105 Stat. 282; renumbered Sec. 1154
    and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6,
    1991, 105 Stat. 404-406.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5 of the Veterans' Dioxin and Radiation Exposure
    Compensation Standards Act, referred to in subsec. (a), is set out
    below.

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 354 of this
    title as this section.
      Pub. L. 102-54, Sec. 14(b)(1)(A), inserted a comma after "place"
    in section catchline.
      Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      Pub. L. 102-54, Sec. 14(b)(1)(B), inserted before period at end
    "(Public Law 98-542; 98 Stat. 2727)".
      Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator".
      1984 - Subsec. (a). Pub. L. 98-542 designated existing provisions
    as cl. (1) and added cl. (2).
      1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's"
    for "his" in three places and "such veteran" for "he".

                     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.

      RADIATION DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE  
      Pub. L. 108-183, title VI, Sec. 601, Dec. 16, 2003, 117 Stat.
    2667, provided that:
      "(a) Review of Mission, Procedures, and Administration. - (1) The
    Secretary of Veterans Affairs and the Secretary of Defense shall
    jointly conduct a review of the mission, procedures, and
    administration of the Radiation Dose Reconstruction Program of the
    Department of Defense.
      "(2) In conducting the review under paragraph (1), the
    Secretaries shall - 
        "(A) determine whether any additional actions are required to
      ensure that the quality assurance and quality control mechanisms
      of the Radiation Dose Reconstruction Program are adequate and
      sufficient for purposes of the program; and
        "(B) determine the actions that are required to ensure that the
      mechanisms of the Radiation Dose Reconstruction Program for
      communication and interaction with veterans are adequate and
      sufficient for purposes of the program, including mechanisms to
      permit veterans to review the assumptions utilized in their dose
      reconstructions.
      "(3) Not later than 90 days after the date of the enactment of
    this Act [Dec. 16, 2003], the Secretaries shall jointly submit to
    Congress a report on the review under paragraph (1). The report
    shall set forth - 
        "(A) the results of the review;
        "(B) a plan for any actions determined to be required under
      paragraph (2); and
        "(C) such other recommendations for the improvement of the
      mission, procedures, and administration of the Radiation Dose
      Reconstruction Program as the Secretaries jointly consider
      appropriate.
      "(b) On-Going Review and Oversight. - The Secretaries shall
    jointly take appropriate actions to ensure the on-going independent
    review and oversight of the Radiation Dose Reconstruction Program,
    including the establishment of the advisory board required by
    subsection (c).
      "(c) Advisory Board. - (1) In taking actions under subsection
    (b), the Secretaries shall jointly appoint an advisory board to
    provide review and oversight of the Radiation Dose Reconstruction
    Program.
      "(2) The advisory board under paragraph (1) shall be composed of
    the following:
        "(A) At least one expert in historical dose reconstruction of
      the type conducted under the Radiation Dose Reconstruction
      Program.
        "(B) At least one expert in radiation health matters.
        "(C) At least one expert in risk communications matters.
        "(D) A representative of the Department of Veterans Affairs.
        "(E) A representative of the Defense Threat Reduction Agency.
        "(F) At least three veterans, including at least one veteran
      who is a member of an atomic veterans group.
      "(3) The advisory board under paragraph (1) shall - 
        "(A) conduct periodic, random audits of dose reconstructions
      under the Radiation Dose Reconstruction Program and of decisions
      by the Department of Veterans Affairs on claims for service
      connection of radiogenic diseases;
        "(B) assist the Department of Veterans Affairs and the Defense
      Threat Reduction Agency in communicating to veterans information
      on the mission, procedures, and evidentiary requirements of the
      Radiation Dose Reconstruction Program; and
        "(C) carry out such other activities with respect to the review
      and oversight of the Radiation Dose Reconstruction Program as the
      Secretaries shall jointly specify.
      "(4) The advisory board under paragraph (1) may make such
    recommendations on modifications in the mission or procedures of
    the Radiation Dose Reconstruction Program as the advisory board
    considers appropriate as a result of the audits conducted under
    paragraph (3)(A)."

        REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE DEFENSE THREAT
                             REDUCTION AGENCY
      Pub. L. 106-419, title III, Sec. 305, Nov. 1, 2000, 114 Stat.
    1853, provided that:
      "(a) Review by National Academy of Sciences. - Not later than 30
    days after the date of the enactment of this Act [Nov. 1, 2000],
    the Secretary of Defense shall enter into a contract with the
    National Academy of Sciences to carry out periodic reviews of the
    program of the Defense Threat Reduction Agency of the Department of
    Defense known as the 'dose reconstruction program'.
      "(b) Review Activities. - The periodic reviews of the dose
    reconstruction program under the contract under subsection (a)
    shall consist of the periodic selection of random samples of doses
    reconstructed by the Defense Threat Reduction Agency in order to
    determine - 
        "(1) whether or not the reconstruction of the sampled doses is
      accurate;
        "(2) whether or not the reconstructed dosage number is
      accurately reported;
        "(3) whether or not the assumptions made regarding radiation
      exposure based upon the sampled doses are credible; and
        "(4) whether or not the data from nuclear tests used by the
      Defense Threat Reduction Agency as part of the reconstruction of
      the sampled doses is accurate.
      "(c) Duration of Review. - The periodic reviews under the
    contract under subsection (a) shall occur over a period of 24
    months.
      "(d) Report. - (1) Not later than 60 days after the conclusion of
    the period referred to in subsection (c), the National Academy of
    Sciences shall submit to Congress a report on its activities under
    the contract under this section.
      "(2) The report shall include the following:
        "(A) A detailed description of the activities of the National
      Academy of Sciences under the contract.
        "(B) Any recommendations that the National Academy of Sciences
      considers appropriate regarding a permanent system of review of
      the dose reconstruction program of the Defense Threat Reduction
      Agency."

                        IONIZING RADIATION REGISTRY                    
      Pub. L. 99-576, title II, Sec. 232, Oct. 28, 1986, 100 Stat.
    3264, as amended by Pub. L. 102-83, Secs. 5(c)(2), 6(h), Aug. 6,
    1991, 105 Stat. 406, 408, provided that:
      "(a) Establishment of Registry. - The Secretary of Veterans
    Affairs shall establish and maintain a special record to be known
    as the 'Ionizing Radiation Registry' (hereinafter in this section
    referred to as the 'Registry').
      "(b) Content of Registry. - Except as provided in subsection (c),
    the Registry shall include the following information:
        "(1) A list containing the name of each veteran who was exposed
      to ionizing radiation under the conditions described in section
      1710(e)(1)(B) of title 38, United States Code, and who - 
          "(A) applies for hospital or nursing home care from the
        Department of Veterans Affairs under chapter 17 of such title;
          "(B) files a claim for compensation under chapter 11 of such
        title on the basis of a disability which may be associated with
        the exposure to ionizing radiation; or
          "(C) dies and is survived by a spouse, child, or parent who
        files a claim for dependency and indemnity compensation under
        chapter 13 of such title on the basis of the exposure of such
        veteran to ionizing radiation.
        "(2) Medical data relating to each veteran listed in the
      Registry, including - 
          "(A) the veteran's medical history, latest health status
        recorded by the Department of Veterans Affairs, physical
        examinations, and clinical findings; and
          "(B) a statement describing birth defects, if any, in the
        natural children of the veteran.
        "(3) Data on claims for the compensation referred to in
      paragraph (1), including decisions and determinations of the
      Department of Veterans Affairs relating to such claims.
        "(4) An estimate of the dose of radiation to which each veteran
      listed in the Registry was exposed under the conditions described
      in section 1710(e)(1)(B) of such title.
      "(c) Veterans Submitting Claims Before Date of Enactment. - If in
    the case of a veteran described in subsection (b)(1) the
    application or claim referred to in such subsection was submitted
    or filed before October 28, 1986, the Secretary shall include in
    the Registry, to the extent feasible, such veteran's name and the
    data and information described in subsection (b) relating to the
    veteran.
      "(d) Consolidation of Existing Information. - (1) For the purpose
    of establishing and maintaining the Registry, the Secretary of
    Veterans Affairs shall compile and consolidate - 
        "(A) relevant information maintained by the Veterans Benefits
      Administration and the Veterans Health Administration of the
      Department of Veterans Affairs;
        "(B) relevant information maintained by the Defense Nuclear
      Agency of the Department of Defense; and
        "(C) any relevant information maintained by any other element
      of the Department of Veterans Affairs or the Department of
      Defense.
      "(2) With respect to a veteran whose name is included in the
    Registry and for whom the information in the Registry is not
    complete, the Secretary of Veterans Affairs shall include
    information described in paragraph (1) with respect to that veteran
    (A) to the extent that such information is reasonably available in
    records of the Department of Veterans Affairs or Department of
    Defense, or (B) if such information is submitted by the veteran
    after October 28, 1986.
      "(e) Department of Defense Information. - The Secretary of
    Defense shall furnish to the Secretary of Veterans Affairs such
    information maintained by the Department of Defense as the
    Secretary of Veterans Affairs considers necessary to establish and
    maintain the Registry.
      "(f) Definition. - For the purpose of this section, the term
    'veteran' has the meaning given that term in section 101(2) of
    title 38, United States Code, and includes a person who died in the
    active military, naval, or air service.
      "(g) Effective Date. - The Registry shall be established not
    later than 180 days after the date of the enactment of this Act
    [Oct. 28, 1986]."

      VETERANS' DIOXIN AND RADIATION EXPOSURE COMPENSATION STANDARDS;
              CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE
      Sections 1-3 of Pub. L. 98-542, as amended by Pub. L. 102-4, Sec.
    10(a), (b), Feb. 6, 1991, 105 Stat. 19, provided that:

                               "SHORT TITLE                           
      "Section 1. This Act [amending this section, enacting provisions
    set out as notes under this section, and amending provisions set
    out as notes under this section and section 1116 of this title] may
    be cited as the 'Veterans' Dioxin and Radiation Exposure
    Compensation Standards Act'.

                                 "FINDINGS                             
      "Sec. 2. The Congress makes the following findings:
        "(1) Veterans who served in the Republic of Vietnam during the
      Vietnam era and veterans who participated in atmospheric nuclear
      tests or the American occupation of Hiroshima or Nagasaki, Japan,
      are deeply concerned about possible long-term health effects of
      exposure to herbicides containing dioxin or to ionizing
      radiation.
        "(2) There is scientific and medical uncertainty regarding such
      long-term adverse health effects.
        "(3) In section 102 of Public Law 97-22 [see Tables for
      classification], the Congress responded to that uncertainty by
      authorizing priority medical care at Veterans' Administration
      [now Department of Veterans Affairs] facilities for any
      disability of a veteran who may have been so exposed (even though
      there is insufficient medical evidence linking such disability
      with such exposure) unless the disability is found to have
      resulted from a cause other than the exposure.
        "(4) The Congress has further responded to that medical and
      scientific uncertainty by requiring, in section 307 of Public Law
      96-151 [set out as a note under section 1116 of this title] and
      section 601 of Public Law 98-160 [set out below], the conduct of
      thorough epidemiological studies of the health effects
      experienced by veterans in connection with exposure both to
      herbicides containing dioxin and (if not determined to be
      scientifically infeasible) to radiation, and by requiring in
      Public Law 97-414 [see Tables for classification], the
      development of radioepidemiological tables setting forth the
      probabilities of causation between various cancers and exposure
      to radiation.
        "(5) There is some evidence that most types of leukemia,
      malignancies of the thyroid, female breast, lung, bone, liver,
      and skin, and polycythemia vera are associated with exposure to
      certain levels of ionizing radiation.
        "(6) As of the date of the enactment of this Act [Oct. 24,
      1984], there are sixty-six federally sponsored research projects
      being conducted relating to herbicides containing dioxin, at a
      cost to the Federal Government in excess of $130,000,000 and, as
      of 1981, federally sponsored research projects relating to
      ionizing radiation were costing the Federal Government more than
      $115,000,000.
        "(7) The initial results of one project - an epidemiological
      study, conducted by the United States Air Force School of
      Aerospace Medicine, of the health status of the 'Ranch Hand'
      veterans who carried out the loading and aerial spraying of
      herbicides containing dioxin in Vietnam and in the process came
      into direct skin contact with such herbicides in their most
      concentrated liquid form - were released on February 24, 1984,
      and contained the conclusion 'that there is insufficient evidence
      to support a cause and effect relationship between herbicide
      exposure and adverse health in the Ranch Hand group at this
      time'.
        "(8) The 'film badges' which were originally issued to members
      of the Armed Forces in connection with the atmospheric nuclear
      test program have previously constituted a primary source of dose
      information for veterans (and survivors of veterans) filing
      claims for Veterans' Administration [now Department of Veterans
      Affairs] disability compensation or dependency and indemnity
      compensation in connection with exposure to radiation.
        "(9) These film badges often provide an incomplete measure of
      radiation exposure, since they were not capable of recording
      inhaled, ingested, or neutron doses (although the Defense Nuclear
      Agency currently has the capability to reconstruct individual
      estimates of such doses), were not issued to most of the
      participants in nuclear tests, often provided questionable
      readings because they were shielded during the detonation, and
      were worn for only limited periods during and after each nuclear
      detonation.
        "(10) Standards governing the reporting of dose estimates in
      connection with radiation-related claims for Veterans'
      Administration [now Department of Veterans Affairs] disability
      compensation vary among the several branches of the Armed Forces,
      and no uniform minimum standards exist.
        "(11) The Veterans' Administration [now Department of Veterans
      Affairs] has not promulgated permanent regulations setting forth
      specific guidelines, standards, and criteria for the adjudication
      of claims for Veterans' Administration disability compensation
      based on exposure to herbicides containing dioxin or to ionizing
      radiation.
        "(12) Such claims (especially those involving health effects
      with long latency periods) present adjudicatory issues which are
      significantly different from issues generally presented in claims
      based upon the usual types of injuries incurred in military
      service.
        "(13) It has always been the policy of the Veterans'
      Administration [now Department of Veterans Affairs] and is the
      policy of the United States, with respect to individual claims
      for service connection of diseases and disabilities, that when,
      after consideration of all evidence and material of record, there
      is an approximate balance of positive and negative evidence
      regarding the merits of an issue material to the determination of
      a claim, the benefit of the doubt in resolving each such issue
      shall be given to the claimant.

                                 "PURPOSE                             
      "Sec. 3. The purpose of this Act is to ensure that Veterans'
    Administration [now Department of Veterans Affairs] disability
    compensation is provided to veterans who were exposed to ionizing
    radiation in connection with atmospheric nuclear tests or in
    connection with the American occupation of Hiroshima or Nagasaki,
    Japan, for all disabilities arising after that service that are
    connected, based on sound scientific and medical evidence, to such
    service (and that Veterans' Administration dependency and indemnity
    compensation is provided to survivors of those veterans for all
    deaths resulting from such disabilities)."
      [Amendment by Pub. L. 102-4 to sections 2 and 3 of Pub. L. 98-
    542, set out above, effective at the end of the six-month period
    beginning on Feb. 6, 1991, except as otherwise provided, see
    section 10(e) of Pub. L. 102-4, set out below under sections 5 to 7
    of Pub. L. 98-542.]

     REQUIREMENT FOR AND CONTENT OF REGULATIONS; ADVISORY COMMITTEE ON
    ENVIRONMENTAL STANDARDS; NUCLEAR RADIATION MATTERS INVOLVING OTHER
                                 AGENCIES
      Sections 5-7 of Pub. L. 98-542, as amended by Pub. L. 100-321,
    Sec. 2(c), May 20, 1988, 102 Stat. 486; Pub. L. 102-4, Sec. 10(c),
    (d), Feb. 6, 1991, 105 Stat. 19, 20; Pub. L. 102-83, Sec. 5(c)(2),
    Aug. 6, 1991, 105 Stat. 406, provided that:

                "REQUIREMENT FOR AND CONTENT OF REGULATIONS            
      "Sec. 5. (a) In carrying out the responsibilities of the
    Administrator of Veterans' Affairs [now Secretary of Veterans
    Affairs] under section 1154(a)(2) [formerly 354(a)(2)] of title 38,
    United States Code, and in order to promote consistency in claims
    processing and decisions, the Administrator shall prescribe
    regulations to - 
        "(1) establish guidelines and (where appropriate) standards and
      criteria for the resolution of claims for benefits under laws
      administered by the Veterans' Administration [now Department of
      Veterans Affairs] where the criteria for eligibility for a
      benefit include a requirement that a death or disability be
      service connected and the claim of service connection is based on
      a veteran's exposure during service in connection with such
      veteran's participation in atmospheric nuclear tests or with the
      American occupation of Hiroshima or Nagasaki, Japan, prior to
      July 1, 1946, to ionizing radiation from the detonation of a
      nuclear device; and
        "(2) ensure that, with respect to those claims, the policy of
      the United States described in section 2(13) [set out above] is
      carried out.
      "(b)(1)(A) The guidelines required to be established in
    regulations prescribed under this section shall include guidelines
    governing the evaluation of the findings of scientific studies
    relating to the possible increased risk of adverse health effects
    of exposure to ionizing radiation. Those guidelines shall require
    that, in the evaluation of those studies, the Administrator [now
    Secretary] shall take into account whether the results are
    statistically significant, are capable of replication, and
    withstand peer review.
      "(B) The evaluations described in subparagraph (A) shall be made
    by the Administrator of Veterans' Affairs [now Secretary of
    Veterans Affairs] after receiving the advice of the Scientific
    Council of the Veterans' Advisory Committee on Environmental
    Hazards (established under section 6). Those evaluations shall be
    published in the notice section of the Federal Register.
      "(C) The standards and criteria required to be established in
    regulations prescribed under this section shall include provisions
    governing the use in the adjudication of individual claims of the
    Administrator's [now Secretary's] evaluations made under
    subparagraph (B).
      "(2)(A)(i) In prescribing regulations under this section, the
    Administrator [now Secretary] (after receiving the advice of the
    Advisory Committee and of the Scientific Council of the Veterans'
    Advisory Committee on Environmental Hazards regarding the diseases
    described in subparagraph (B)) shall make determinations, based on
    sound medical and scientific evidence, with respect to each disease
    described in subparagraph (B) as to whether service connection
    shall, subject to division (ii) of this subparagraph, be granted in
    the adjudication of individual cases. In making determinations
    regarding such diseases, the Administrator shall give due regard to
    the need to maintain the policy of the United States with respect
    to the resolution of contested issues as set forth in section 2(13)
    [set out above]. The Administrator shall set forth in such
    regulations such determinations, with any specification (relating
    to exposure or other relevant matter) of limitations on the
    circumstances under which service connection shall be granted, and
    shall implement such determinations in accordance with such
    regulations.
      "(ii) If the Administrator [now Secretary] makes a determination,
    pursuant to this subparagraph, that service connection shall be
    granted in the case of a disease described in subparagraph (B), the
    Administrator shall specify in such regulations that, in the
    adjudication of individual cases, service connection shall not be
    granted where there is sufficient affirmative evidence to the
    contrary or evidence to establish that an intercurrent injury or
    disease which is a recognized cause of the described disease has
    been suffered between the date of separation from service and the
    onset of such disease or that the disability is due to the
    veteran's own willful misconduct.
      "(iii) With regard to each disease described in subparagraph (B),
    the Administrator [now Secretary] shall include in the regulations
    prescribed under this section provisions specifying the factors to
    be considered in adjudicating issues relating to whether or not
    service connection should be granted in individual cases and the
    circumstances governing the granting of service connection for such
    disease.
      "(B) The diseases referred to in subparagraph (A) are those
    specified in section 2(5) [set out above] and any other disease
    with respect to which the Administrator [now Secretary] finds
    (after receiving and considering the advice of the Scientific
    Council established under section 6(d)(2)) that there is sound
    scientific or medical evidence indicating a connection to exposure
    to ionizing radiation, in the case of a veteran who was exposed to
    ionizing radiation in connection with such veteran's participation
    in an atmospheric nuclear test or with the American occupation of
    Hiroshima or Nagasaki, Japan, before July 1, 1946.
      "(3) The regulations prescribed under this section shall include -
     
        "(A) specification of the maximum period of time after exposure
      to such ionizing radiation for the development of those diseases;
      and
        "(B) a requirement that a claimant filing a claim based upon a
      veteran's exposure to ionizing radiation from the detonation of a
      nuclear device may not be required to produce evidence
      substantiating the veteran's exposure during active military,
      naval, or air service if the information in the veteran's service
      records and other records of the Department of Defense is not
      inconsistent with the claim that the veteran was present where
      and when the claimed exposure occurred.
      "(c)(1) The Administrator of Veterans' Affairs [now Secretary of
    Veterans Affairs] shall develop the regulations required by this
    section (and any amendment to those regulations) through a public
    review and comment process in accordance with the provisions of
    section 553 of title 5, United States Code. That process may
    include consideration by the Administrator of the recommendations
    of the Veterans' Advisory Committee on Environmental Hazards and
    the Scientific Council thereof (established under section 6) with
    respect to the proposed regulations, and that process shall include
    consideration by the Administrator of the recommendations of the
    Committee and the Council with respect to the final regulations and
    proposed and final amendments to such regulations. The period for
    public review and comment shall be completed not later than ninety
    days after the proposed regulations or proposed amendments are
    published in the Federal Register.
      "(2)(A) Not later than one hundred and eighty days after the date
    of the enactment of this Act [Oct. 24, 1984], the Administrator
    [now Secretary] shall develop and publish in the Federal Register a
    proposed version of the regulations required to be prescribed by
    this section.
      "(B) Not later than three hundred days after the date of the
    enactment of this Act [Oct. 24, 1984], the Administrator [now
    Secretary] shall publish in the Federal Register the final
    regulations (together with explanations of the bases for the
    guidelines, standards, and criteria contained therein) required to
    be prescribed by this section.

               "ADVISORY COMMITTEE ON ENVIRONMENTAL HAZARDS           
      "Sec. 6. (a) The advisory committee referred to in subsections
    (b) and (c) of section 5, to be known as the Veterans' Advisory
    Committee on Environmental Hazards (hereinafter in this section
    referred to as the 'Committee') shall consist of nine members
    appointed by the Administrator of Veterans' Affairs [now Secretary
    of Veterans Affairs] after requesting and considering
    recommendations from veteran organizations, including - 
        "(1) six individuals (of whom none may be members of the Armed
      Forces on active duty or employees of the Veterans'
      Administration [now Department of Veterans Affairs] or the
      Department of Defense and not more than three may be employees of
      other Federal departments or agencies), appointed, after
      requesting and considering the recommendations of the heads of
      Federal entities with particular expertise in biomedical and
      environmental science, including - 
          "(A) three individuals who are recognized medical or
        scientific authorities in fields pertinent to understanding the
        health effects of exposure to ionizing radiation; and
          "(B) three individuals who are recognized medical or
        scientific authorities in fields, such as epidemiology and
        other scientific disciplines, pertinent to determining and
        assessing the health effects of exposure to ionizing radiation
        in exposed populations; and
        "(2) three individuals from the general public, including at
      least one disabled veteran, having a demonstrated interest in and
      experience relating to veterans' concerns regarding exposure to
      ionizing radiation.
      "(b) The Committee shall include, as ex officio, nonvoting
    members, the Chief Medical Director and the Chief Benefits Director
    of the Veterans' Administration [now Under Secretary for Health and
    Under Secretary for Benefits of the Department of Veterans
    Affairs], or their designees.
      "(c) The Committee shall submit to the Administrator [now
    Secretary] any recommendations it considers appropriate for
    administrative or legislative action.
      "(d)(1) The six members of the Committee described in subsection
    (a)(1) shall, in addition to serving as members of the Committee,
    constitute a Scientific Council of the Committee (hereinafter in
    this section referred to as the 'Council').
      "(2) The Council shall have responsibility for evaluating
    scientific studies relating to possible adverse health effects of
    exposure to ionizing radiation.
      "(3) The Council shall make findings and evaluations regarding
    pertinent scientific studies and shall submit to the Committee, the
    Administrator [now Secretary], and the Committees on Veterans'
    Affairs of the Senate and House of Representatives directly
    periodic reports on such findings and evaluations.
      "(e) The Administrator [now Secretary] shall designate one of the
    members to chair the Committee and another member to chair the
    Council.
      "(f) The Administrator [now Secretary] shall determine the terms
    of service and pay and allowances of members of the Committee,
    except that a term of service of any member may not exceed three
    years. The Administrator may reappoint any member for additional
    terms of service.
      "(g) The Administrator [now Secretary] shall provide
    administrative support services and fiscal support for the
    Committee.

            "NUCLEAR RADIATION MATTERS INVOLVING OTHER AGENCIES        
      "Sec. 7. (a) In connection with the duties of the Director of the
    Defense Nuclear Agency, as Department of Defense Executive Agent
    for the Nuclear Test Personnel Review Program, relating to the
    preparation of radiation dose estimates with regard to claims for
    Veterans' Administration [now Department of Veterans Affairs]
    disability compensation and dependency and indemnity compensation
    under chapters 11 and 13, respectively, of title 38, United States
    Code - 
        "(1) the Secretary of Defense shall prescribe guidelines (and
      any amendment to those guidelines) through a public review and
      comment process in accordance with the provisions of section 553
      of title 5, United States Code - 
          "(A) specifying the minimum standards governing the
        preparation of radiation dose estimates in connection with
        claims for such compensation,
          "(B) making such standards uniformly applicable to the
        several branches of the Armed Forces, and
          "(C) requiring that each such estimate furnished to the
        Veterans' Administration [now Department of Veterans Affairs]
        and to any veteran or survivor include information regarding
        all material aspects of the radiation environment to which the
        veteran was exposed and which form the basis of the claim,
        including inhaled, ingested, and neutron doses; and
        "(2) the Secretary of Health and Human Services, through the
      Director of the National Institutes of Health, shall - 
          "(A) conduct a review of the reliability and accuracy of
        scientific and technical devices and techniques (such as 'whole
        body counters') which may be useful in determining previous
        radiation exposure;
          "(B) submit to the Administrator of Veterans' Affairs [now
        Secretary of Veterans Affairs] and the Committees on Veterans'
        Affairs of the House of Representatives and the Senate, not
        later than July 1, 1985, a report regarding the results of such
        review, including information concerning the availability of
        such devices and techniques, the categories of exposed
        individuals as to whom use of such devices and techniques may
        be appropriate, and the reliability and accuracy of dose
        estimates which may be derived from such devices and
        techniques; and
          "(C) enter into an interagency agreement with the
        Administrator of Veterans' Affairs [now Secretary of Veterans
        Affairs] for the purpose of assisting the Administrator in
        identifying agencies or other entities capable of furnishing
        services involving the use of such devices and techniques.
      "(b) The Administrator of Veterans' Affairs [now Secretary of
    Veterans Affairs], in resolving material differences between a
    radiation dose estimate, from a credible source, submitted by a
    veteran or survivor and a radiation dose estimate prepared and
    transmitted by the Director of the Defense Nuclear Agency, shall
    provide for the preparation of a radiation dose estimate by an
    independent expert, who shall be selected by the Director of the
    National Institutes of Health and who shall not be affiliated with
    the Defense Nuclear Agency, and the Administrator shall provide for
    the consideration of such independent estimate in connection with
    the adjudication of the claim for Veterans' Administration [now
    Department of Veterans Affairs] compensation."
      [Pub. L. 102-4, Sec. 10(e), Feb. 6, 1991, 105 Stat. 20, as
    amended by Pub. L. 102-86, title V, Sec. 503(b)(2), Aug. 14, 1991,
    105 Stat. 425, provided that:
      ["(1) Except as provided in paragraph (2), the amendments made by
    this section [amending sections 2 and 3 of Pub. L. 98-542, set out
    above, and sections 5 and 6 of Pub. L. 98-542, set out above] shall
    take effect at the end of the two-month period beginning on the
    date of the enactment of the Veterans' Benefits Programs
    Improvement Act of 1991 [Aug. 14, 1991].
      ["(2)(A) If the Secretary of Veterans Affairs determines before
    the end of such period that the Environmental Hazards Advisory
    Committee established under section 6 of Public Law 98-542 (38
    U.S.C. 354 note) [set out above] has completed its responsibilities
    under that section and the directives of the Secretary pursuant to
    the Nehmer case court order, the amendments made by this section
    shall take effect as of the date of such determination.
      ["(B) For purposes of this paragraph, the term 'Nehmer case court
    order' means the court order dated May 2, 1989, in the case of
    Nehmer v. Department of Veterans Affairs, in the United States
    district court for the northern district of California (civil
    action docket number C-86-6160 TEH).
      ["(3) If the Secretary makes a determination under paragraph (2),
    the Secretary shall promptly publish in the Federal Register a
    notice that such determination has been made and that such
    amendments have thereby taken effect as of the date of such
    determination."]

        IDENTIFICATION OF ACTIVITIES INVOLVING EXPOSURE TO IONIZING
                     RADIATION BEFORE JANUARY 1, 1970
      Section 10 of Pub. L. 98-542, as added by Pub. L. 102-578, Sec.
    3, Oct. 30, 1992, 106 Stat. 4774, provided that:
      "(a) In General. - (1) In order to determine whether activities
    (other than the tests or occupation activities referred to in
    section 5(a)(1)(B) [probably means section 5(a)(1), set out above])
    resulted in the exposure of veterans to ionizing radiation during
    the service of such veterans that occurred before January 1, 1970,
    and whether adverse health effects have been observed or may have
    resulted from such exposure in a significant number of such
    veterans, the Advisory Committee established under section 6 [set
    out above] shall - 
        "(A) review all available scientific studies and other relevant
      information relating to the exposure of such veterans to ionizing
      radiation during such service;
        "(B) identify any activity during which significant numbers of
      veterans received exposure; and
        "(C) on the basis of such review, submit to the Secretary of
      Veterans Affairs a report containing the recommendation of the
      Advisory Committee on the feasibility and appropriateness for the
      purpose of the determination under this paragraph of any
      additional investigation with respect to any activity of such
      veterans during such service.
      "(2) Upon the request of the Advisory Committee, the Secretary of
    Veterans Affairs (after seeking such assistance from the Secretary
    of Defense as is necessary and appropriate) shall make available to
    the Advisory Committee records and other information relating to
    the service referred to in paragraph (1) that may assist the
    Advisory Committee in carrying out the review and recommendation
    referred to in that paragraph.
      "(3) The Advisory Committee shall submit to the Secretary of
    Veterans Affairs the report referred to in paragraph (1)(C) not
    later than August 1, 1993.
      "(b) Investigation Plan and Report. - (1) Upon receipt of the
    report referred to in subparagraph (C) of subsection (a)(1), the
    Secretary of Veterans Affairs shall - 
        "(A) identify which of the activities referred to in that
      subparagraph, if any, that the Secretary intends to investigate
      more fully for the purpose of making the determination referred
      to in that subsection; and
        "(B) prepare a plan (including a deadline for the plan) to
      carry out that investigation and make that determination.
      "(2) Not later than December 1, 1993, the Secretary shall submit
    to the Committees on Veterans' Affairs of the Senate and House of
    Representatives a report containing - 
        "(A) a list of the activities identified by the Secretary
      pursuant to paragraph (1)(A) and the basis of such
      identification;
        "(B) a copy of the report of the Advisory Committee referred to
      in subsection (a)(1)(C); and
        "(C) the plan referred to in paragraph (1)(B)."

         INTERIM BENEFITS FOR DISABILITY OR DEATH IN CERTAIN CASES     
      Section 9 of Pub. L. 98-542 provided for payment of interim
    monthly disability benefits to veterans who had served in Vietnam
    during Vietnam era and who had diseases chloracne and porphyria
    cutanea tarda which manifested themselves within one year after
    date of veteran's most recent departure from Vietnam, but with no
    such interim benefits to be paid after Sept. 30, 1986.

                    RADIATION EXPOSURE STUDY AND GUIDE                
      Pub. L. 98-160, title VI, Nov. 21, 1983, 97 Stat. 1006, as
    amended by Pub. L. 98-542, Sec. 8(b), Oct. 24, 1984, 98 Stat. 2732,
    provided for the conduct of an epidemiological study of long-term
    adverse health effects of exposure to ionizing radiation from
    detonation of nuclear devices in connection with tests of such
    devices or in connection with occupation of Hiroshima and Nagasaki,
    Japan, between Sept. 11, 1945, and July 1, 1946, and provided for
    reports to Congress on studies made together with recommendations
    as to necessary legislation.

-End-

-CITE-
    38 USC Sec. 1155                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1155. Authority for schedule for rating disabilities

-STATUTE-
      The Secretary shall adopt and apply a schedule of ratings of
    reductions in earning capacity from specific injuries or
    combination of injuries. The ratings shall be based, as far as
    practicable, upon the average impairments of earning capacity
    resulting from such injuries in civil occupations. The schedule
    shall be constructed so as to provide ten grades of disability and
    no more, upon which payments of compensation shall be based,
    namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent,
    60 percent, 70 percent, 80 percent, 90 percent, and total, 100
    percent. The Secretary shall from time to time readjust this
    schedule of ratings in accordance with experience. However, in no
    event shall such a readjustment in the rating schedule cause a
    veteran's disability rating in effect on the effective date of the
    readjustment to be reduced unless an improvement in the veteran's
    disability is shown to have occurred.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 355; Pub. L. 98-
    223, title I, Sec. 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered
    Sec. 1155 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
    Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86, title I, Sec.
    103(a), Aug. 14, 1991, 105 Stat. 414.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-86 amended this section as in effect before
    the redesignations made by Pub. L. 102-83, Sec. 5, by inserting at
    end "However, in no event shall such a readjustment in the rating
    schedule cause a veteran's disability rating in effect on the
    effective date of the readjustment to be reduced unless an
    improvement in the veteran's disability is shown to have occurred."
      Pub. L. 102-83, Sec. 5(a), renumbered section 355 of this title
    as this section.
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator" in two places.
      1984 - Pub. L. 98-223 substituted "percent" for "per centum"
    wherever appearing.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 103(b) of Pub. L. 102-86 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply with
    regard to changes in rating schedules that take effect after the
    date of the enactment of this Act [Aug. 14, 1991]."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      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.

-End-

-CITE-
    38 USC Sec. 1156                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    [Sec. 1156. Vacant]

-COD-
                               CODIFICATION                           
      Prior to renumbering of sections 301 to 363 of this chapter as
    sections 1101 to 1163 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
    105 Stat. 406, section 356 of this chapter, Pub. L. 85-857, Sept.
    2, 1958, 72 Stat. 1125, which provided for a minimum rating for
    veterans with arrested tuberculosis, was repealed by Pub. L. 90-
    493, Sec. 4, Aug. 19, 1968, 82 Stat. 809, but repeal not
    applicable in case of veteran who on Aug. 19, 1968, was receiving
    or entitled to receive compensation for tuberculosis which in the
    judgment of the Administrator had reached a condition of complete
    arrest.

-End-

-CITE-
    38 USC Sec. 1157                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1157. Combination of certain ratings

-STATUTE-
      The Secretary shall provide for the combination of ratings and
    pay compensation at the rates prescribed in subchapter II of this
    chapter to those veterans who served during a period of war and
    during any other time, who have suffered disability in line of duty
    in each period of service.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 357; renumbered
    Sec. 1157 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
    Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 357 of this
    title as this section.
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator".

-End-

-CITE-
    38 USC Sec. 1158                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1158. Disappearance

-STATUTE-
      Where a veteran receiving compensation under this chapter
    disappears, the Secretary may pay the compensation otherwise
    payable to the veteran to such veteran's spouse, children, and
    parents. Payments made to such spouse, child, or parent under the
    preceding sentence shall not exceed the amounts payable to each if
    the veteran had died from service-connected disability.

-SOURCE-
    (Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 358; Pub. L. 86-
    212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94-433, title IV, Sec.
    404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec. 1158 and
    amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
    105 Stat. 404-406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 358 of this
    title as this section.
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator".
      1976 - Pub. L. 94-433 struck out ", in his discretion," after
    "Administrator" and substituted "such veteran's spouse" for "his
    wife" and "such spouse" for "a wife".
      1959 - Pub. L. 86-212 substituted "a veteran" for "an incompetent
    veteran".

                     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.

-End-

-CITE-
    38 USC Sec. 1159                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1159. Protection of service connection

-STATUTE-
      Service connection for any disability or death granted under this
    title which has been in force for ten or more years shall not be
    severed on or after January 1, 1962, except upon a showing that the
    original grant of service connection was based on fraud or it is
    clearly shown from military records that the person concerned did
    not have the requisite service or character of discharge. The
    mentioned period shall be computed from the date determined by the
    Secretary as the date on which the status commenced for rating
    purposes.

-SOURCE-
    (Added Pub. L. 86-501, Sec. 1, June 10, 1960, 74 Stat. 195, Sec.
    359; amended Pub. L. 87-825, Sec. 6, Oct. 15, 1962, 76 Stat. 950;
    renumbered Sec. 1159 and amended Pub. L. 102-83, Secs. 4(b)(1),
    (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 359 of this
    title as this section.
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator".
      1962 - Pub. L. 87-825 provided for computation of the period from
    the date the administrator determines as the date the status
    commenced for rating purposes.

                     EFFECTIVE DATE OF 1962 AMENDMENT                 
      Amendment by Pub. L. 87-825 effective first day of second
    calendar month which begins after Oct. 15, 1962, see section 7 of
    Pub. L. 87-825, set out as a note under section 110 of this title.

-End-

-CITE-
    38 USC Sec. 1160                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1160. Special consideration for certain cases of loss of
      paired organs or extremities

-STATUTE-
      (a) Where a veteran has suffered - 
        (1) blindness in one eye as a result of service-connected
      disability and blindness in the other eye as a result of non-
      service-connected disability not the result of the veteran's own
      willful misconduct;
        (2) the loss or loss of use of one kidney as a result of
      service-connected disability and involvement of the other kidney
      as a result of non-service-connected disability not the result of
      the veteran's own willful misconduct;
        (3) deafness compensable to a degree of 10 percent or more in
      one ear as a result of service-connected disability and deafness
      in the other ear as the result of non-service-connected
      disability not the result of the veteran's own willful
      misconduct;
        (4) the loss or loss of use of one hand or one foot as a result
      of service-connected disability and the loss or loss of use of
      the other hand or foot as a result of non-service-connected
      disability not the result of the veteran's own willful
      misconduct; or
        (5) permanent service-connected disability of one lung, rated
      50 percent or more disabling, in combination with a non-service-
      connected disability of the other lung that is not the result of
      the veteran's own willful misconduct,

    the Secretary shall assign and pay to the veteran the applicable
    rate of compensation under this chapter as if the combination of
    disabilities were the result of service-connected disability.
      (b) If a veteran described in subsection (a) of this section
    receives any money or property of value pursuant to an award in a
    judicial proceeding based upon, or a settlement or compromise of,
    any cause of action for damages for the non-service-connected
    disability described in such subsection, the increase in the rate
    of compensation otherwise payable under this section shall not be
    paid for any month following a month in which any such money or
    property is received until such time as the total of the amount of
    such increase that would otherwise have been payable equals the
    total of the amount of any such money received and the fair market
    value of any such property received.

-SOURCE-
    (Added Pub. L. 87-610, Sec. 1, Aug. 28, 1962, 76 Stat. 406, Sec.
    360; amended Pub. L. 89-311, Sec. 3(a), (b), Oct. 31, 1965, 79
    Stat. 1155; Pub. L. 94-433, title IV, Sec. 404(22), Sept. 30, 1976,
    90 Stat. 1379; Pub. L. 98-160, title VII, Sec. 702(3), Nov. 21,
    1983, 97 Stat. 1009; Pub. L. 99-576, title I, Sec. 109(a)(1), Oct.
    28, 1986, 100 Stat. 3253; renumbered Sec. 1160 and amended Pub. L.
    102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-
    406; Pub. L. 107-330, title I, Sec. 103, Dec. 6, 2002, 116 Stat.
    2821.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(3). Pub. L. 107-330 substituted "deafness
    compensable to a degree of 10 percent or more in one ear" for
    "total deafness in one ear" and "deafness in the other ear" for
    "total deafness in the other ear".
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 360 of this
    title as this section.
      Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
    "Secretary" for "Administrator" in concluding provisions.
      1986 - Pub. L. 99-576 amended section generally, substituting
    "loss of paired organs or extremities" for "blindness or bilateral
    kidney involvement or bilateral deafness" in section catchline.
    Prior to amendment, text of section read as follows: "Where any
    veteran (1) has suffered blindness in one eye as a result of
    service-connected disability and has suffered blindness in the
    other eye as a result of non-service-connected disability not the
    result of such veteran's own willful misconduct, or (2) has
    suffered the loss or loss of use of one kidney as a result of
    service-connected disability, and has suffered severe involvement
    of the other kidney such as to cause total disability, as a result
    of non-service-connected disability not the result of such
    veteran's own willful misconduct, or (3) has suffered total
    deafness in one ear as a result of service-connected disability and
    has suffered total deafness in the other ear as the result of non-
    service-connected disability not the result of such veteran's own
    willful misconduct, the Administrator shall assign and pay to the
    veteran concerned the applicable rate of compensation under this
    chapter as if such veteran's blindness in both eyes or such
    bilateral kidney involvement were the result of service-connected
    disability."
      1983 - Pub. L. 98-160 substituted "(1) has suffered" for "has
    suffered (1)".
      1976 - Pub. L. 94-433 substituted "such veteran's" for "his"
    wherever appearing.
      1965 - Pub. L. 89-311 added cl. (3) referring to total deafness
    in one ear as a result of service-connected disability and total
    deafness in the other ear as the result of non-service-connected
    disability not the result of his own willful misconduct, inserted
    reference to total deafness in both ears and, in section catchline,
    inserted reference to bilateral deafness.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 109(c) of Pub. L. 99-576 provided that:
      "(1) Except as provided in paragraph (2), the amendments made by
    this section [amending this section and section 314 [now 1114] of
    this title] shall take effect on the date of the enactment of this
    Act [Oct. 28, 1986].
      "(2) In the case of an award of compensation for a disability
    described in clause (1), (2), (3), or (5) of subsection (a) of
    section 360 [now 1160] of title 38, United States Code, as amended
    by subsection (a) of this section, subsection (b) of such section
    shall apply only to awards of compensation made on or after the
    date of the enactment of this Act [Oct. 28, 1986]."

                     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 1965 AMENDMENT                 
      Amendment by Pub. L. 89-311 effective first day of second
    calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89-
    311, set out as a note under section 1114 of this title.

-End-

-CITE-
    38 USC Sec. 1161                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1161. Payment of disability compensation in disability
      severance cases

-STATUTE-
      The deduction of disability severance pay from disability
    compensation, as required by section 1212(c) of title 10, shall be
    made at a monthly rate not in excess of the rate of compensation to
    which the former member would be entitled based on the degree of
    such former member's disability as determined on the initial
    Department rating.

-SOURCE-
    (Added Pub. L. 91-241, May 7, 1970, 84 Stat. 203, Sec. 361; amended
    Pub. L. 94-433, title IV, Sec. 404(23), Sept. 30, 1976, 90 Stat.
    1379; Pub. L. 98-160, title VII, Sec. 702(4), Nov. 21, 1983, 97
    Stat. 1009; renumbered Sec. 1161 and amended Pub. L. 102-83, Secs.
    4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 361 of this
    title as this section.
      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
    "Veterans' Administration".
      1983 - Pub. L. 98-160 struck out "United States Code," after
    "title 10,".
      1976 - Pub. L. 94-433 substituted "such former member's" for
    "his".

                     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.

-End-

-CITE-
    38 USC Sec. 1162                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1162. Clothing allowance

-STATUTE-
      The Secretary under regulations which the Secretary shall
    prescribe, shall pay a clothing allowance of $662 per year to each
    veteran who - 
        (1) because of a service-connected disability, wears or uses a
      prosthetic or orthopedic appliance (including a wheelchair) which
      the Secretary determines tends to wear out or tear the clothing
      of the veteran; or
        (2) uses medication which (A) a physician has prescribed for a
      skin condition which is due to a service-connected disability,
      and (B) the Secretary determines causes irreparable damage to the
      veteran's outergarments.

-SOURCE-
    (Added Pub. L. 92-328, title I, Sec. 103(a), June 30, 1972, 86
    Stat. 394, Sec. 362; amended Pub. L. 94-71, title I, Sec. 103, Aug.
    5, 1975, 89 Stat. 396; Pub. L. 94-433, title III, Sec. 301, title
    IV, Sec. 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95-
    117, title III, Sec. 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-
    479, title I, Sec. 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-
    128, title I, Sec. 103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-
    385, title I, Sec. 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-
    66, title I, Sec. 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-
    253, title IV, Sec. 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L.
    97-306, title I, Secs. 103, 107, Oct. 14, 1982, 96 Stat. 1430,
    1431; Pub. L. 98-223, title I, Sec. 103, Mar. 2, 1984, 98 Stat. 38;
    Pub. L. 98-543, title I, Sec. 103, Oct. 24, 1984, 98 Stat. 2736;
    Pub. L. 99-238, title I, Sec. 103, Jan. 13, 1986, 99 Stat. 1766;
    Pub. L. 99-576, title I, Sec. 103, Oct. 28, 1986, 100 Stat. 3251;
    Pub. L. 100-227, title I, Sec. 103, Dec. 31, 1987, 101 Stat. 1553;
    Pub. L. 100-687, div. B, title XI, Sec. 1103, Nov. 18, 1988, 102
    Stat. 4124; Pub. L. 101-237, title I, Secs. 103, 112, Dec. 18,
    1989, 103 Stat. 2063, 2065; Pub. L. 102-3, Sec. 4, Feb. 6, 1991,
    105 Stat. 8; renumbered Sec. 1162, Pub. L. 102-83, Sec. 5(a), Aug.
    6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 4, Nov. 12, 1991, 105
    Stat. 986; Pub. L. 103-78, Sec. 3, Aug. 13, 1993, 107 Stat. 768;
    Pub. L. 103-140, Sec. 4, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105-
    98, Sec. 4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-118, Sec.
    4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec. 4, Dec. 21,
    2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec. 309(c), Dec.
    6, 2002, 116 Stat. 2830; Pub. L. 108-454, title III, Sec. 307(c),
    Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109-111, Sec. 2(c), Nov. 22,
    2005, 119 Stat. 2363; Pub. L. 109-444, Sec. 9(c), Dec. 21, 2006,
    120 Stat. 3315; Pub. L. 109-461, title X, Secs. 1005(c), 1006(b),
    Dec. 22, 2006, 120 Stat. 3467, 3468.)

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-461, Sec. 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 effect. 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.
      Pub. L. 109-461, Sec. 1005(c), substituted "$662" for "$641".
      Pub. L. 109-444, which substituted "$662" for "$641", was
    terminated by Pub. L. 109-461, Sec. 1006(b). See Amendment notes
    above.
      2005 - Pub. L. 109-111 substituted "$641" for "$600".
      2004 - Pub. L. 108-454 substituted "$600" for "$588".
      2002 - Pub. L. 107-330 substituted "$588" for "$580".
      2001 - Pub. L. 107-94 substituted "$580" for "$546".
      1999 - Pub. L. 106-118 substituted "$546" for "$528".
      1997 - Pub. L. 105-98 substituted "$528" for "$478".
      1993 - Pub. L. 103-140 substituted "$478" for "$466".
      Pub. L. 103-78 substituted "$466" for "$452".
      1991 - Pub. L. 102-152 substituted "$452" for "$436".
      Pub. L. 102-83 renumbered section 362 of this title as this
    section.
      Pub. L. 102-3 substituted "$436" for "$414".
      1989 - Pub. L. 101-237, Sec. 112, substituted "Secretary under"
    for "Administrator under" and "Secretary shall" for "Administrator
    shall", and substituted "who - " and pars. (1) and (2) for "who
    because of disability which is compensable under the provisions of
    this chapter, wears or uses prosthetic or orthopedic appliance or
    appliances (including a wheelchair) which the Administrator
    determines tends to wear out or tear the clothing of such a
    veteran."
      Pub. L. 101-237, Sec. 103, substituted "$414" for "$395".
      1988 - Pub. L. 100-687 substituted "$395" for "$380".
      1987 - Pub. L. 100-227 substituted "$380" for "$365".
      1986 - Pub. L. 99-576 substituted "$365" for "$360".
      Pub. L. 99-238 substituted "$360" for "$349".
      1984 - Pub. L. 98-543 substituted "$349" for "$338".
      Pub. L. 98-223 substituted "$338" for "$327".
      1982 - Pub. L. 97-306, Secs. 103, 107, 108, substituted "$327"
    for "$305" and repealed amendment made by Pub. L. 97-253, Sec.
    405(d), eff. Oct. 1, 1982.
      Pub. L. 97-253, Sec. 405(d), (h), eff. Jan. 1, 1983, substituted
    "$304" for "$305" after "clothing allowance of".
      1981 - Pub. L. 97-66 substituted "$305" for "$274".
      1980 - Pub. L. 96-385 substituted "$274" for "$240".
      1979 - Pub. L. 96-128 substituted "$240" for "$218".
      1978 - Pub. L. 95-479 substituted "$218" for "$203".
      1977 - Pub. L. 95-117 substituted "$203" for "$190".
      1976 - Pub. L. 94-433, Secs. 301, 404(24), substituted "$190" for
    "$175" and "the Administrator shall prescribe" for "he shall
    prescribe".
      1975 - Pub. L. 94-71 substituted $175 for $150.

                     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 section 1114 of this
    title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by section 103 of 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 section 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 AMENDMENT                 
      Amendment by 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.

                     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 payments for
    months beginning after Sept. 30, 1980, see section 601(a) of Pub.
    L. 96-385, set out as a note under section 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 section 1114 of this
    title.

                              EFFECTIVE DATE                          
      Section 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 an Effective Date of 1972 Amendment note under section 1114 of
    this title.

                                  REPEAL                              
      Section 405(d) of Pub. L. 97-253, cited as a credit to this
    section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,
    1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

     DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION
                              RATE INCREASES
      For increases in rates and limitations on Department of Veterans
    Affairs disability compensation and dependency and indemnity
    compensation, see notes set out under section 1114 of this title.

-End-

-CITE-
    38 USC Sec. 1163                                            01/03/2007

-EXPCITE-
    TITLE 38 - VETERANS' BENEFITS
    PART II - GENERAL BENEFITS
    CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
    SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-
    Sec. 1163. Trial work periods and vocational rehabilitation for
      certain veterans with total disability ratings

-STATUTE-
      (a)(1) The disability rating of a qualified veteran who begins to
    engage in a substantially gainful occupation after January 31,
    1985, may not be reduced on the basis of the veteran having secured
    and followed a substantially gainful occupation unless the veteran
    maintains such an occupation for a period of 12 consecutive months.
      (2) For purposes of this section, the term "qualified veteran"
    means a veteran who has a service-connected disability, or service-
    connected disabilities, not rated as total but who has been
    awarded a rating of total disability by reason of inability to
    secure or follow a substantially gainful occupation as a result of
    such disability or disabilities.
      (b) The Secretary shall make counseling services described in
    section 3104(a)(2) of this title and placement and postplacement
    services described in section 3104(a)(5) of this title available to
    each qualified veteran (whether or not the veteran is participating
    in a vocational rehabilitation program under chapter 31 of this
    title).
      (c)(1) In the case of each award after January 31, 1985, of a
    rating of total disability described in subsection (a)(2) of this
    section to a veteran, the Secretary shall provide to the veteran,
    at the time that notice of the award is provided to the veteran, a
    statement providing - 
        (A) notice of the provisions of this section;
        (B) information explaining the purposes and availability of and
      eligibility for, and the procedures for pursuing, a vocational
      rehabilitation program under chapter 31 of this title; and
        (C) a summary description of the scope of services and
      assistance available under that chapter.

      (2) After providing the notice required under paragraph (1) of
    this subsection, the Secretary shall offer the veteran the
    opportunity for an evaluation under section 3106(a) of this title.

-SOURCE-
    (Added Pub. L. 98-543, title I, Sec. 111(a)(1), Oct. 24, 1984, 98
    Stat. 2738, Sec. 363; amended Pub. L. 100-687, div. B, title XIII,
    Sec. 1301, Nov. 18, 1988, 102 Stat. 4127; renumbered Sec. 1163 and
    amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug.
    6, 1991, 105 Stat. 404-406; Pub. L. 102-291, Sec. 2(a), May 20,
    1992, 106 Stat. 178; Pub. L. 102-568, title IV, Sec. 401(a)-(d)(1),
    Oct. 29, 1992, 106 Stat. 4336.)

-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-568, Sec. 401(d)(1), substituted "Trial work
    periods and vocational rehabilitation for certain veterans with
    total disability ratings" for "Temporary program for trial work
    periods and vocational rehabilitation for certain veterans with
    total disability ratings" as section catchline.
      Subsec. (a)(1). Pub. L. 102-568, Sec. 401(a)(1), substituted
    "after January 31, 1985," for "during the program period".
      Subsec. (a)(2). Pub. L. 102-568, Sec. 401(a)(2), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "For
    purposes of this section:
        "(A) The term 'qualified veteran' means a veteran who has a
      service-connected disability, or service-connected disabilities,
      not rated as total but who has been awarded a rating of total
      disability by reason of inability to secure or follow a
      substantially gainful occupation as a result of such disability
      or disabilities.
        "(B) The term 'program period' means the period beginning on
      February 1, 1985, and ending on December 31, 1992."
      Pub. L. 102-291 substituted "December 31, 1992" for "January 31,
    1992" in subpar. (B).
      Subsec. (b). Pub. L. 102-568, Sec. 401(b), substituted "The
    Secretary" for "During the program period, the Secretary".
      Subsec. (c)(1). Pub. L. 102-568, Sec. 401(c), substituted "after
    January 31, 1985, of a rating of total disability described in
    subsection (a)(2)" for "during the program period of a rating of
    total disability described in subsection (a)(2)(A)".
      1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 363 of this
    title as this section.
      Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted
    "3104(a)(2)" for "1504(a)(2)" and "3104(a)(5)" for "1504(a)(5)".
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator".
      Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3106(a)"
    for "1506(a)" in par. (2).
      Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
    "Administrator" in pars. (1) and (2).
      1988 - Subsec. (a)(2)(B). Pub. L. 100-687, Sec. 1301(a),
    substituted "1992" for "1989".
      Subsec. (c)(1). Pub. L. 100-687, Sec. 1301(b)(2), (3),
    substituted "(1) In" for "(1)(A) Except as provided in paragraph
    (4) of this subsection, in", redesignated cls. (i), (ii), and (iii)
    as subpars. (A), (B), and (C), respectively, and struck out former
    subpar. (B) which required that, after providing notice,
    Administrator arrange promptly for evaluation to determine whether
    achievement of vocational goal by veteran is feasible.
      Subsec. (c)(2). Pub. L. 100-687, Sec. 1301(b)(1), (3)(B), added
    par. (2) and struck out former par. (2) which related to failure of
    veteran to participate in evaluation, and reduction of disability
    rating.
      Subsec. (c)(3). Pub. L. 100-687, Sec. 1301(b)(1), struck out par.
    (3) which related to individualized written plan of vocational
    rehabilitation after completion of evaluation, and failure to
    pursue program of vocational rehabilitation described in such plan.
      Subsec. (c)(4). Pub. L. 100-687, Sec. 1301(b)(1), struck out par.
    (4) which read as follows: "This subsection does not apply with
    respect to a veteran as to whom the Administrator determines that
    an evaluation of vocational rehabilitation potential or achievement
    of a vocational goal is not reasonably feasible."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 2(d) of Pub. L. 102-291 provided that: "The amendments
    made by subsections (a) through (c) [amending this section and
    sections 1524 and 1525 of this title] shall take effect as of
    January 31, 1992."

      RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING
                               LAPSED PERIOD
      Section 2(e) of Pub. L. 102-291 provided that: "The following
    actions of the Secretary of Veterans Affairs during the period
    beginning on February 1, 1992, and ending on the date of the
    enactment of this Act [May 20, 1992] are hereby ratified with
    respect to that period:
        "(1) A failure to reduce the disability rating of a veteran who
      began to engage in a substantially gainful occupation during that
      period.
        "(2) The provision of a vocational training program (including
      related evaluations and other related services) to a veteran
      under section 1524 of title 38, United States Code, and the
      making of related determinations under that section.
        "(3) The provision of health care and services to a veteran
      pursuant to section 1525 of title 38, United States Code."

               INFORMATION; TEMPORARY PROGRAM; ADMINISTRATOR           
      Section 111(b) of Pub. L. 98-543 directed Administrator of
    Veterans' Affairs to provide, not later than Apr. 1, 1985, to
    certain veterans with service-connected disabilities, a statement
    containing information explaining subsec. (b) of this section,
    information explaining purposes and availability of and eligibility
    for, and procedures for pursuing, a vocational rehabilitation
    program under chapter 31 of this title, and a summary description
    of scope of services and assistance available under chapter 31.

             REPORT TO CONGRESSIONAL COMMITTEES; TRIAL PROGRAM         
      Section 111(c) of Pub. L. 98-543, as amended by Pub. L. 99-576,
    title VII, Sec. 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, directed
    Administrator of Veterans' Affairs to submit, not later than Apr.
    15, 1988, to Committees on Veterans' Affairs of Senate and House of
    Representatives a report on results of implementation of this
    section during the three-year period beginning on Feb. 1, 1985.

-End-