PUBLIC LAW 110–324—SEPT. 24, 2008 122 STAT. 3549 

Public Law 110–324 

110th Congress 

An Act 

To amend title 38, United States Code, to codify increases in the rates of compensation for veterans with service-connected disabilities and the rates of dependency 

and indemnity compensation for the survivors of certain disabled veterans that 

were effective as of December 1, 2007, to provide for an increase in the rates 

of such compensation effective December 1, 2008, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Veterans’ Compensation Costof-Living Adjustment Act of 2008’’. 

SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND 

DEPENDENCY AND INDEMNITY COMPENSATION. 

(a) RATE ADJUSTMENT.—Effective on December 1, 2008, the 

Secretary of Veterans Affairs shall increase, in accordance with 

subsection (c), the dollar amounts in effect on November 30, 2008, 

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 section 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, 2008, as a result of a determination under section 215(i) 

of such Act (42 U.S.C. 415(i)). 

Effective date. 

38 USC 1114 

note. 

38 USC 101 

note. 

Veterans’ 

Compensation 

Cost-of-Living 

Adjustment Act 

of 2008. 

Sept. 24, 2008 

[S. 2617] 


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122 STAT. 3550 PUBLIC LAW 110–324—SEPT. 24, 2008 

(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. 

(d) SPECIAL RULE.—The Secretary of Veterans Affairs may 

adjust administratively, consistent with the increases made under 

subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) who 

have not received compensation under chapter 11 of title 38, United 

States Code. 

(e) PUBLICATION OF ADJUSTED RATES.—The Secretary of Veterans Affairs shall publish in the Federal Register the amounts 

specified in subsection (b), as increased under that subsection, 

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 2009. 

SEC. 3. CODIFICATION OF 2007 COST-OF-LIVING ADJUSTMENT IN 

RATES OF DISABILITY COMPENSATION AND DEPENDENCY 

AND INDEMNITY COMPENSATION. 

(a) VETERANS’ DISABILITY COMPENSATION.—Section 1114 of title 

38, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘$115’’ and inserting 

‘‘$117’’; 

(2) in subsection (b), by striking ‘‘$225’’ and inserting 

‘‘$230’’; 

(3) in subsection (c), by striking ‘‘$348’’ and inserting 

‘‘$356’’; 

(4) in subsection (d), by striking ‘‘$501’’ and inserting 

‘‘$512’’; 

(5) in subsection (e), by striking ‘‘$712’’ and inserting 

‘‘$728’’; 

(6) in subsection (f), by striking ‘‘$901’’ and inserting ‘‘$921’’; 

(7) in subsection (g), by striking ‘‘$1,135’’ and inserting 

‘‘$1,161’’; 

(8) in subsection (h), by striking ‘‘$1,319’’ and inserting 

‘‘$1,349’’; 

(9) in subsection (i), by striking ‘‘$1,483’’ and inserting 

‘‘$1,517’’; 

(10) in subsection (j), by striking ‘‘$2,471’’ and inserting 

‘‘$2,527’’; 

(11) in subsection (k)— 

(A) by striking ‘‘$89’’ both places it appears and 

inserting ‘‘$91’’; and 

(B) by striking ‘‘$3,075’’ and ‘‘$4,313’’ and inserting 

‘‘$3,145’’ and ‘‘$4,412’’, respectively; 

(12) in subsection (l), by striking ‘‘$3,075’’ and inserting 

‘‘$3,145’’; 

(13) in subsection (m), by striking ‘‘$3,392’’ and inserting 

‘‘$3,470’’; 

(14) in subsection (n), by striking ‘‘$3,860’’ and inserting 

‘‘$3,948’’; 

(15) in subsections (o) and (p), by striking ‘‘$4,313’’ each 

place it appears and inserting ‘‘$4,412’’; 

(16) in subsection (r), by striking ‘‘$1,851’’ and ‘‘$2,757’’ 

and inserting ‘‘$1,893’’ and ‘‘$2,820’’, respectively; and 

Federal Register, 

publication. 

Deadline. 

38 USC 1114 

note. 

38 USC 1114 

note. 


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PUBLIC LAW 110–324—SEPT. 24, 2008 122 STAT. 3551 

(17) in subsection (s), by striking ‘‘$2,766’’ and inserting ‘‘$2,829’’. 

(b) ADDITIONAL COMPENSATION FOR DEPENDENTS.—Section 

1115(1) of such title is amended— 

(1) in subparagraph (A), by striking ‘‘$139’’ and inserting ‘‘$142’’; 

(2) in subparagraph (B), by striking ‘‘$240’’ and ‘‘$70’’ and inserting ‘‘$245’’ and ‘‘$71’’, respectively; (3) in subparagraph (C), by striking ‘‘$94’’ and ‘‘$70’’ and inserting ‘‘$96’’ and ‘‘$71’’, respectively; (4) in subparagraph (D), by striking ‘‘$112’’ and inserting ‘‘$114’’; 

(5) in subparagraph (E), by striking ‘‘$265’’ and inserting ‘‘$271’’; and 

(6) in subparagraph (F), by striking ‘‘$222’’ and inserting ‘‘$227’’. 

(c) CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.— 

Section 1162 of such title is amended by striking ‘‘$662’’ and 

inserting ‘‘$677’’. 

(d) DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING

SPOUSES.— 

(1) NEW LAW DIC.—Section 1311(a) of such title is 

amended— 

(A) in paragraph (1), by striking ‘‘$1,067’’ and inserting 

‘‘$1,091’’; and 

(B) in paragraph (2), by striking ‘‘$228’’ and inserting 

‘‘$233’’. 

(2) OLD LAW DIC.—The table in paragraph (3) of such 

section is amended to read as follows: 

‘‘Pay grade Monthly rate Pay grade Monthly 

rate 

E–1 ....................... $1,091 W–4 ...................... $1,305 

E–2 ....................... $1,091 O–1 ....................... $1,153 

E–3 ....................... $1,091 O–2 ....................... $1,191 

E–4 ....................... $1,091 O–3 ....................... $1,274 

E–5 ....................... $1,091 O–4 ....................... $1,349 

E–6 ....................... $1,091 O–5 ....................... $1,485 

E–7 ....................... $1,129 O–6 ....................... $1,674 

E–8 ....................... $1,191 O–7 ....................... $1,808 

E–9 ....................... $1,2421 O–8 ....................... $1,985 

W–1 ....................... $1,153 O–9 ....................... $2,123 

W–2 ....................... $1,198 O–10 ..................... $2,3282

W–3 ....................... $1,234 

1 If the veteran served as sergeant major of the Army, senior enlisted advisor of 

the Navy, chief master sergeant of the Air Force, sergeant major of the Marine 

Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $1,342. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of 

Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the 

Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, 

at the applicable time designated by section 1302 of this title, the surviving 

spouse’s rate shall be $2,499.’’ 

(3) ADDITIONAL DIC FOR CHILDREN OR DISABILITY.—Section 

1311 of such title is amended— 

38 USC 1115. 


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122 STAT. 3552 PUBLIC LAW 110–324—SEPT. 24, 2008 

LEGISLATIVE HISTORY—S. 2617 (H.R. 5826): 

HOUSE REPORTS: No. 110–643 accompanying H.R. 5826 (Comm. on Veterans’ Affairs). 

SENATE REPORTS: No. 110–430 (Comm. on Veterans’ Affairs). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

July 30, considered and passed Senate. 

Sept. 9, 10, considered and passed House. 

Æ 

(A) in subsection (b), by striking ‘‘$265’’ and inserting ‘‘$271’’; 

(B) in subsection (c), by striking ‘‘$265’’ and inserting ‘‘$271’’; and 

(C) in subsection (d), by striking ‘‘$126’’ and inserting 

‘‘$128’’. 

(e) DEPENDENCY AND INDEMNITY COMPENSATION FOR CHIL- DREN.— (1) DIC WHEN NO SURVIVING SPOUSE.—Section 1313(a) of 

such title is amended— 

(A) in paragraph (1), by striking ‘‘$452’’ and inserting ‘‘$462’’; 

(B) in paragraph (2), by striking ‘‘$649’’ and inserting ‘‘$663’’; 

(C) in paragraph (3), by striking ‘‘$846’’ and inserting ‘‘$865’’; and 

(D) in paragraph (4), by striking ‘‘$846’’ and ‘‘$162’’ and inserting ‘‘$865’’ and ‘‘$165’’, respectively. 

(2) SUPPLEMENTAL DIC FOR CERTAIN CHILDREN.—Section 

1314 of such title is amended— 

(A) in subsection (a), by striking ‘‘$265’’ and inserting 

‘‘$271’’; 

(B) in subsection (b), by striking ‘‘$452’’ and inserting 

‘‘$462’’; and 

(C) in subsection (c), by striking ‘‘$225’’ and inserting 

‘‘$230’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on December 1, 2007. 

Approved September 24, 2008. 

38 USC 1114 

note. 

38 USC 1313. 


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