79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–56 

VETERANS’ COMPENSATION COST-OF-LIVING 

ADJUSTMENT ACT OF 2009 

MARCH 26, 2009.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. FILNER, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 1513] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 1513) to increase, effective as of December 1, 2009, the 

rates of disability compensation for veterans with service-connected 

disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans, 

and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do 

pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation. ................................................................... 2 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 5 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 6 

Earmarks and Tax and Tariff Benefits .................................................................. 6 

Committee Cost Estimate ....................................................................................... 6 

Congressional Budget Office Estimate ................................................................... 6 

Federal Mandates Statement ................................................................................. 7 

Advisory Committee Statement .............................................................................. 7 

Constitutional Authority Statement ...................................................................... 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 


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PURPOSE AND SUMMARY

H.R. 1513 was introduced on March 16, 2009, by Representative 

Ann Kirkpatrick of Arizona. This legislation would increase, effective December 1, 2009, 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. The legislation would require the Secretary of the Department of Veterans Affairs (VA) to increase, effective December 1, 

2009, the rates of and limitations on certain benefits paid by VA 

by the same percentage as the cost-of-living adjustment (hereinafter, COLA) provided to Social Security recipients and VA pension 

beneficiaries that become effective on the same date. 

The COLA would apply to: 

1. Basic compensation rates for veterans with service-connected 

disabilities and the rates payable for certain severe disabilities; 

2. The allowance for spouses, children, and dependent parents 

paid to service-connected disabled veterans rated 30 percent or 

more disabled; 

3. The annual clothing allowance paid to veterans whose compensable disability requires the use of a prosthetic or orthopedic appliance (including a wheelchair) that tends to tear or wear out clothing, or requires the use of a medication prescribed by a physician 

for a service-connected skin condition if the medication causes irreparable damage to the veteran’s outer garments; and, 

4. The dependency and indemnity compensation (DIC) rates paid 

to: 

(a) Surviving spouses of veterans whose deaths were serviceconnected; 

(b) Surviving spouses for dependent children below the age of 

18; 

(c) Surviving spouses who are so disabled that they need aid 

and attendance or are permanently housebound; 

(d) Surviving spouses covered under section 1318 of title 38, 

United States Code; and 

(e) the children of veterans whose deaths were service-connected if no surviving spouse is entitled to DIC, the child is age 18 

through 22 and attending an approved educational institution, or 

the child is age 18 or over and became permanently incapable of 

self-support prior to reaching age 18. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1513 would increase, effective December 1, 2009, the rates 

of compensation for service-connected disabilities and the rates of 

dependency and indemnity compensation for surviving spouses and 

children of veterans who die of service-connected causes, as well as 

the additional amounts for dependents and survivors and clothing 

allowance for certain veterans. Congress has provided annual increases in these rates every fiscal year since 1976. For fiscal year 

2009, the cost-of-living increase for VA disability compensation and 

DIC compensation, enacted in accordance with Public Law 110–324 

(122 Stat. 3549), was 5.8 percent. 


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Disability compensation 

The service-connected disability compensation program under 

chapter 11 of title 38, United States Code, provides monthly cash 

benefits to veterans who have a disability or combination of disabilities incurred or aggravated during active duty in the Armed 

Forces. The purpose of the disability compensation program is to 

represent the average loss in earnings capacity. The amount of 

compensation paid depends on the nature and severity of the veteran’s disability or combination of disabilities and an assessment 

of the extent to which the disability impairs earnings capacity. To 

be eligible to receive disability compensation, a veteran’s disability 

must not be the result of willful misconduct, and the veteran must 

have been discharged under other than dishonorable conditions. 

The responsibility for determining a veteran’s entitlement to service-connection for a disability and the amount of said compensation 

rests with the VA. 

VA rates compensable disabilities according to its Schedule for 

Rating Disabilities on a graduated scale ranging from 0 to 100 percent, in 10 percent increments. VA pays higher monthly rates 

(known as ‘‘special monthly compensation’’) to totally disabled veterans with certain specific, very severe disabilities or combinations 

of disabilities. 

A veteran with a disability rated at 30 percent or more may receive additional compensation on behalf of the veteran’s spouse, 

children, and dependent parents. These dependents’ allowances are 

prorated according to the percentage of disability. 

Dependency and indemnity compensation 

Surviving spouses and dependent children of veterans who died 

of disabilities determined by VA to be service-connected (including 

veterans who died while on active duty) or who had a service-connected disability rated at 100 percent for certain periods of time 

prior to death are entitled to receive monthly DIC benefits. The 

purpose of DIC authorized under chapter 13 of title 38, United 

States Code, is to provide compensation to the appropriate survivors for the loss of financial support as a result of the serviceconnected death of the veteran. 

VA pays DIC to the survivors of servicemembers or veterans who 

died on or after January 1, 1957, from a disease or injury incurred 

or aggravated during military service. Survivors eligible for DIC include surviving spouses, unmarried children under the age of 18, 

children age 18 or older who are permanently incapable of self-support, children between the ages of 18 and 22 who are enrolled in 

school, and certain needy parents. Under section 5312 of title 38, 

United States Code, parents’ DIC rates are adjusted automatically 

at the same time and by the same percentage as Social Security 

and VA pension benefits. Surviving spouses, children, and parents 

who are receiving death compensation based on deaths before January 1, 1957, may elect to receive DIC instead of death compensation. For deaths prior to January 1, 1993, surviving spouses received DIC at rates determined by the pay grade (service rank) of 

the deceased veteran. For deaths on or after January 1, 1993, surviving spouses currently receive $1,146 per month and, if the deceased veteran was totally disabled for eight years prior to death, 

an additional $246 per month. Surviving spouses who had been reVerDate Nov 24 2008 04:49 Mar 27, 2009 Jkt 079006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR056.XXX HR056

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ceiving benefits under the prior DIC program are paid under 

whichever program will pay the higher benefit. 

A surviving spouse who is so disabled as to be housebound or in 

need of regular aid and attendance is eligible to receive an additional amount. A surviving spouse also may receive additional allowances on behalf of the veteran’s surviving children. 

Children are entitled to DIC if there is no surviving spouse, if 

they are 18 years of age or older and became permanently incapable of self-support before reaching age 18, or if they are 18 to 22 

years old and pursuing an approved course of education. 

Parents of deceased veterans whose incomes are below statutorily prescribed income thresholds are eligible for DIC under section 1315 of title 38, United States Code. As previously mentioned, 

parents’ DIC rates are adjusted automatically at the same time 

and by the same percentage as Social Security and VA pension 

benefits. 

Under section 1318 of title 38, United States Code, VA pays benefits at DIC rates to the surviving spouses and children of veterans 

whose deaths are not service-connected if the veteran, immediately 

prior to his or her death, had been receiving (or had been entitled 

to receive) compensation at the 100 percent rate continuously for 

10 or more years or for at least five years from the date of discharge or release from active duty. VA also pays DIC benefits to 

the surviving spouses and children of veterans who were former 

prisoners of war who die after September 30, 1999, and whose 

deaths were not service-connected if the veterans had been receiving (or had been entitled to receive) compensation at the 100 percent rate continuously for not less than one year preceding death. 

In its fiscal year 2009 budget, the VA indicated that veteran termination data has demonstrated that survivors typically access compensation benefits within three years. 

Additional information 

H.R. 1513 would direct VA to compute and provide increases in 

the monthly rates of compensation and DIC, effective December 1, 

2009. The rates would be increased by the same percentage as the 

Social Security and VA pension COLA that will take effect on that 

date. In accordance with section 8031 of the Balanced Budget Act 

of 1997, Public Law 105–33 (111 Stat. 251, 668), amounts of compensation so computed that are not even multiples of $1 will be 

rounded down to the next lower whole dollar amount. The Veterans 

Benefits Act of 2003, Public Law 108–183 (117 Stat. 2651, 2672), 

extended this provision for an additional two years to 2013. 

The increases in DIC automatically would result in identical percentage increases in benefits paid at DIC rates under section 1318 

of title 38, United States Code, to the surviving spouses and children of veterans who had a service-connected disability at the time 

of death for which they continuously were rated totally disabled for 

at least (1) 10 years, (2) five years from the date of discharge from 

active duty, or (3) one year if the veteran was a former prisoner 

of war who died after September 30, 1999, and whose death was 

not service-connected if the veteran had been receiving (or had 

been entitled to receive) compensation at the 100 percent rate continuously for not less than one year preceding death. 


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Under Section 156(e)(1)(A) of Public Law 97–377 (96 Stat. 1830, 

1920–1921), the DIC increases also automatically would result in 

the same percentage increases in Social Security benefits that were 

terminated by section 2205 of the Omnibus Budget Reconciliation 

Act of 1981 (OBRA 1981), Public Law 97–35 (95 Stat. 483, 837). 

Prior to OBRA 1981, those benefits had been paid to certain surviving spouses of those who died on active duty or from a serviceconnected disability on behalf of their children under 18 and children over age 19 who were secondary-school students; OBRA 1981 

reduced the eligibility cutoff age from 18 to 16 years old. 

Section 314 of the Veterans’ Benefits and Services Act of 1988, 

Public Law 100–322 (102 Stat. 487, 535), amended section 156(a)(1) 

of Public Law 97–377 to restore the benefits eliminated by OBRA 

1981. The DIC increase also would apply to these restored benefits, 

effective December 1, 2000. 

The Committee has followed its prior practice of setting the 

COLA for veterans’ benefits by reference to the increase to be provided for Social Security recipients. The rate of this increase will 

be established on December 1, 2009. The Committee believes that 

this is the most equitable means of providing increases to these important veterans’ benefits. 

HEARINGS

There were no hearings held in connection to the bill reported by 

the Committee. 

COMMITTEE CONSIDERATION

On March 25, 2009, the full Committee met in open markup session, a quorum being present, and ordered H.R. 1513 favorably reported to the House of Representatives, by voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report the legislation and amendments thereto. There were no 

record votes taken on amendments or in connection with ordering 

H.R. 1513 reported to the House. A motion by Mr. Buyer of Indiana 

to order H.R. 1513 reported favorably to the House of Representatives was agreed to by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 


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NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 1513 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), 

or 9(f) of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 1513 

prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 1513 

provided by the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 25, 2009. 

Hon. BOB FILNER, 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1513, the Veterans’ Compensation Cost-of-Living Adjustment Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Dwayne Wright. 

Sincerely, 

DOUGLAS W. ELMENDORF, 

Director. 

Enclosure. 

H.R. 1513—Veterans’ Compensation Cost-of-Living Adjustment Act 

of 2009 

H.R. 1513 would increase the amounts paid to veterans for disability compensation and to their survivors for dependency and indemnity compensation by the same cost-of-living adjustment 

(COLA) payable to Social Security recipients. The increase would 

take effect on December 1, 2009, and the resulting adjustment 

would be rounded to the next lower dollar. 

The COLA that would be authorized by this bill is assumed in 

CBO’s baseline, pursuant to section 257 of the Balanced Budget 

and Emergency Deficit Control Act, and savings from rounding it 

down were achieved by the Balanced Budget Act of 1997 (Public 


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Law 105–33) and extended to 2013 by the Veterans Benefits Act 

of 2003 (Public Law 108–183). Furthermore, based on its current 

economic forecast, CBO does not anticipate a cost-of-living increase 

in 2010 for Social Security; thus, CBO estimates that enacting this 

bill would have no impact on spending for those programs. 

H.R. 1513 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Dwayne M. Wright. 

This estimate was approved by Theresa A. Gullo, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 1513 prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 1513. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for H.R. 1513 is provided by Article I, section 8 of the Constitution of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

This section would provide the short title of H.R. 1513 as the 

‘‘Veterans’ Compensation Cost-of-Living Adjustment Act of 2009.’’ 

Section 2. Increase in rates of disability compensation and dependency and indemnity compensation 

Section 2(a) of H.R. 1513 would require the Secretary of Veterans 

Affairs to increase, effective December 1, 2009 the dollar amounts 

for the payment of disability compensation and dependency and indemnity compensation. 

Section 2(b) of the bill would specify the programs to receive increased dollar amounts: compensation in effect under section 1114 

of title 38, United States Code; additional compensation for dependents in effect under section 1115(1) of title 38, United States 

Code; clothing allowance in effect under section 1162 of title 38, 

United States Code; Dependency and Indemnity Compensation to 

Surviving Spouse under subsections (a) through (d) of section 1311 

of title 38, United States Code; and Dependency and Indemnity 


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Compensation to Children—each of the dollar amounts under sections 1313(a) and 1314 of title 38, United States Code. 

Section 2(c)(1) of the bill would specify that each amount shall 

be increased by the same percentage by which benefits are increased under title II of the Social Security Act (42 U.S.C. § 401 et 

seq.). 

Section 2(c)(2) of the bill would round down to the next lower dollar amount all compensation and DIC benefits, when the amount 

is not in the whole dollar amount. 

Section 2(d) of the bill would provide a special rule authorizing 

the Secretary of Veterans Affairs to 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 are not in receipt of compensation payable pursuant to Chapter 11 of title 38, United States 

Code. 

Section 3. Publication of adjusted rates 

Section 3 of H.R. 1513 would require the Secretary of Veterans 

Affairs to publish in the Federal Register the amounts specified in 

subsection (b), as increased pursuant to that section. 

Æ 


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