79–010 

Calendar No. 70 

111TH CONGRESS REPORT " ! SENATE 1st Session 111–24 

VETERANS’ COMPENSATION COST-OF-LIVING 

ADJUSTMENT ACT OF 2009 

JUNE 4, 2009.—Ordered to be printed 

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

submitted the following 

R E P O R T 

[To accompany S. 407] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs (hereinafter, ‘‘Committee’’), 

to which was referred the bill (S. 407) to increase, effective as of 

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, and for other purposes, having considered the same, reports 

favorably thereon with an amendment in the nature of a substitute, and recommends that the bill, as amended, do pass. 

INTRODUCTION

On February 10, 2009, Committee Chairman Daniel K. Akaka introduced S. 407, a bill to increase, effective as of 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, and for other purposes. Committee Ranking Minority Member Richard Burr is an 

original cosponsor of S. 407, as are Committee Members John D. 

Rockefeller IV, Patty Murray, Bernard Sanders, Sherrod Brown, 

Jim Webb, Jon Tester, Mark Begich, Roland Burris, Arlen Specter, 

Johnny Isakson, Roger F. Wicker, Mike Johanns, and Lindsey 

Graham. Senators Frank R. Lautenberg, Blanche Lincoln, and 

Olympia J. Snowe were later added as cosponsors. The bill was referred to the Committee. 


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COMMITTEE HEARING

On April 29, 2009, the Committee held a hearing on legislation 

pending before the Committee. Among the measures on which the 

Committee received testimony was S. 407. Testimony on S. 407, 

among other bills, was offered by: Bradley G. Mayes, Director, 

Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs; Raymond C. Kelley, National 

Legislative Director, AMVETS; Robert Jackson, Assistant Director, 

National Legislative Service, Veterans of Foreign Wars of the 

United States; and Ian DePlanque, Assistant Director, Veterans Affairs and Rehabilitation Commission, The American Legion. 

COMMITTEE MEETING

On May 21, 2009, the Committee met in open session to consider 

legislation pending before the Committee. Among the measures so 

considered was S. 407. The Committee voted, without dissent, to report favorably S. 407, as amended, to the Senate. 

SUMMARY OF THE COMMITTEE BILL AS REPORTED

The Committee bill contains freestanding provisions that would 

require the Secretary of Veterans Affairs to increase, effective December 1, 2009, the rates of, and limitations on, certain benefits 

paid by the Department of Veterans Affairs (hereinafter, ‘‘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 (hereinafter, 

‘‘DIC’’) rates paid to: 

(a) surviving spouses of veterans whose deaths were 

service-connected; 

(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 serviceconnected 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 beVerDate Nov 24 2008 01:19 Jun 05, 2009 Jkt 079010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR024.XXX SR024

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came permanently incapable of self-support prior to reaching age 18. 

The Committee bill would also codify benefit rates that were increased as a result of the Veterans’ Compensation Cost-of-Living 

Adjustment Act of 2008, Public Law 110–324. 

BACKGROUND AND DISCUSSION

A. 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 disabilities incurred or aggravated 

during active duty in the Armed Forces. 

The amount of compensation paid depends on the nature and severity of the veteran’s disability or combination of disabilities. VA 

rates compensable disabilities according to its Schedule for Rating 

Disabilities on a graduated scale ranging from 10 to 100 percent, 

in 10 percent increments. VA pays higher monthly rates (known as 

‘‘special monthly compensation’’) to disabled veterans with certain 

specific, very severe disabilities or combinations of disabilities. 

According to VA, as set forth in its fiscal year 2010 budget, the 

department estimates that it will provide disability compensation 

to 3,154,217 veterans with service-connected disabilities in fiscal 

year 2010. Among the veterans estimated to receive such compensation are: 1 World War I veteran; 243,697 World War II veterans; 157,427 Korean-conflict veterans; 1,058,883 Vietnam-era 

veterans; 1,070,162 veterans of the Persian Gulf War era; and 

612,172 veterans who served during peacetime. 

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. 

B. Dependency and indemnity compensation 

Under chapter 13 of title 38, United States Code, 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 on or after January 1, 1957, but 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, DIC is paid at a flat rate. Surviving spouses 

currently receive $1,154 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 receiving benefits 


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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 noted, parents’ DIC rates are adjusted automatically at the same time and 

by the same percentage as Social Security and VA pension benefits. 

In its fiscal year 2010 budget, VA estimates that it will pay DIC 

benefits to 348,335 survivors, a total that includes surviving 

spouses, children, and needy surviving parents. 

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. 

Committee bill 

The Committee bill would direct VA to compute and provide increases in the monthly rates of compensation and DIC, effective 

December 1, 2009, if appropriate. 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), amounts 

of compensation so computed that are not even multiples of $1 will 

be rounded down to the next lower whole dollar amount. In 2003, 

this provision was extended until 2013 by section 706 of Public 

Law 108–183. 

The increases in DIC would automatically 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. 

Under section 156(e)(1)(A) of Public Law 97–377, the DIC increases also would automatically result in the same percentage inVerDate Nov 24 2008 01:19 Jun 05, 2009 Jkt 079010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR024.XXX SR024

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creases in Social Security benefits that were terminated by section 

2205 of the Omnibus Budget Reconciliation Act of 1981 (hereinafter, ‘‘OBRA 1981’’) (Public Law 97–35). Prior to OBRA 1981, 

those Social Security benefits had been paid to certain surviving 

spouses of those who died on active duty or from a service-connected 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 Public Law 100–322 amended section 156(a)(1) of 

Public Law 97–377, the Further Continuing Appropriations Act of 

1993, to restore the benefits eliminated by OBRA 1981. The DIC 

increase also would apply to these restored benefits, effective December 1, 2000. 

The CBO, in its most recent baseline, estimated that there will 

be no Social Security COLA affecting fiscal year 2010 payments; 

the COLA provided for by the Committee bill will follow accordingly. The actual Social Security COLA could differ from this estimate. Rather than selecting any particular percentage adjustment 

at the time the Committee ordered the bill reported, the Committee 

followed its prior practice of setting the COLA by reference to any 

Social Security increase. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate, the Committee, based on information supplied 

by the CBO, estimates that enactment of the Committee bill would, 

relative to current law, not increase spending in 2010 or in subsequent years. Enactment of the Committee bill would not affect the 

budget of state, local, or tribal governments. 

The cost estimate provided by CBO, setting forth a detailed 

breakdown of costs, follows: 

CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 2, 2009. 

Hon. DANIEL K. AKAKA, 

Chairman, 

Committee on Veterans’ Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 407, 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 M. Wright. 

Sincerely, 

DOUGLAS W. ELMENDORF, Director. 

Enclosure. 

S. 407—Veterans’ Compensation Cost-of-Living Adjustment Act of 

2009 

S. 407 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) payVerDate Nov 24 2008 01:19 Jun 05, 2009 Jkt 079010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR024.XXX SR024

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able 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, consistent with 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 

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

of 2003 (Public Law 108183). 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. 

S. 407 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. 

On March 25, 2009, CBO transmitted a cost estimate for H.R. 

1513, the Veterans’ Compensation Cost-of-Living Adjustment Act of 

2009, as ordered reported by the House Committee on Veterans’ Affairs on March 25, 2009. The two versions of the legislation are 

similar and their estimated costs are identical. 

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

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee on Veterans’ Affairs has made 

an evaluation of the regulatory impact that would be incurred in 

carrying out the Committee bill. The Committee finds that S. 407, 

as amended, would not entail any regulation of individuals or businesses or result in any impact on the personal privacy of any individuals and that the paperwork resulting from enactment would be 

minimal. 

TABULATION OF VOTES CAST IN COMMITTEE

In compliance with paragraph 7 of rule XXVI of the Standing 

Rules of the Senate, the following is a tabulation of votes cast in 

person or by proxy by Members of the Committee on Veterans’ Affairs at its May 21, 2009, meeting. On that date, the Committee 

considered and ordered reported S. 407, as amended, a bill to increase, effective as of December 1, 2009, the rates of compensation 

for veterans with service-connected disabilities and the rates of 

dependency and indemnity compensation for survivors of certain 

disabled veterans. The Committee bill was agreed to by a vote of 

14 to 0. 


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Yeas Senator Nays 

X (by proxy) Mr. Rockefeller 

X Mrs. Murray 

X (by proxy) Mr. Sanders 

X Mr. Brown 

X Mr. Webb 

X Mr. Tester 

X Mr. Begich 

X Mr. Burris 

X (by proxy) Mr. Specter 

X Mr. Burr 

X Mr. Isakson 

X (by proxy) Mr. Wicker 

X Mr. Johanns 

Mr. Graham 

X Mr. Akaka, Chairman 

14 TALLY 0 

AGENCY REPORT

On April 29, 2009, Bradley G. Mayes, Director, Compensation 

and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, appeared before the Committee on Veterans’ Affairs and submitted testimony on, among other things, 

S. 407. Excerpts from this statement are reprinted below: 

STATEMENT OF BRADLEY G. MAYES, DIRECTOR, 

COMPENSATION AND PENSION SERVICE, VETERANS BENEFITS ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS 

Mr. Chairman and members of the Committee, I am 

pleased to be here today to provide the Department of Veterans Affairs’ (VA) views on pending benefits legislation. 

* * * * * * * 

S. 407, the ‘‘Veterans’ Compensation Cost-of-Living Adjustment Act of 2009,’’ would direct the Secretary of Veterans Affairs to increase administratively the rates of disability compensation for veterans with service-connected 

disabilities, including the additional amounts authorized 

for dependents and the clothing allowance, and of dependency and indemnity compensation for the survivors of veterans whose deaths are service related, effective December 

1, 2009. The rates of increase would be the same as the 

cost-of-living adjustment that will be provided under current law to Social Security recipients. The bill would also 

authorize VA to adjust the rates of disability compensation 

payable under prior laws to persons who have not received 

compensation under chapter 11 of title 38, United States 

Code. 

VA supports a cost-of-living adjustment of this nature. 

We believe this legislation is necessary to ensure the affected benefits against any eroding effects of inflation. The 

worthy beneficiaries of these benefits deserve no less. 

* * * * * * * 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the Committee bill, as reported, are shown as follows (existing law proposed 

to be omitted is enclosed in black brackets, new matter is printed 

in italic, existing law in which no change is proposed is shown in 

roman): 

TITLE 38—VETERANS’ BENEFITS 

* * * * * * * 

PART II—GENERAL BENEFITS 

* * * * * * * 

CHAPTER 11—COMPENSATION FOR SERVICECONNECTED DISABILITY OR DEATH 

* * * * * * * 

Subchapter II—Wartime Disability Compensation 

* * * * * * * 

SEC. 1114. RATES OF WARTIME DISABILITY COMPENSATION 

For the purposes of section 1110 of this title— 

(a) if and while the disability is rated 10 percent the monthly 

compensation shall be ø$117¿ $123; 

(b) if and while the disability is rated 20 percent the monthly 

compensation shall be ø$230¿ $243; 

(c) if and while the disability is rated 30 percent the monthly 

compensation shall be ø$356¿ $376; 

(d) if and while the disability is rated 40 percent the monthly 

compensation shall be ø$512¿ $541; 

(e) if and while the disability is rated 50 percent the monthly 

compensation shall be ø$728¿ $770; 

(f) if and while the disability is rated 60 percent the monthly 

compensation shall be ø$921¿ $974; 

(g) if and while the disability is rated 70 percent the monthly 

compensation shall be ø$1,161¿ $1,228; 

(h) if and while the disability is rated 80 percent the monthly 

compensation shall be ø$1,349¿ $1,427; 

(i) if and while the disability is rated 90 percent the monthly 

compensation shall be ø$1,517¿ $1,604; 

(j) if and while the disability is rated as total the monthly 

compensation shall be ø$2,527¿ $2,673; 


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(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 ø$91¿ $96 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 ø$3,145¿ $3,327 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 ø$91¿ $96 per month for each such loss or loss 

of use, but in no event to exceed ø$4,412¿ $4,667 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 ø$3,145¿ $3,327; 

(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 ø$3,470¿ $3,671; 

(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 

ø$3,948¿ $4,176; 

(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 


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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 20/200 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 ø$4,412¿ $4,667; 

(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 ø$4,412¿ $4,667. 

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 ø$4,412¿ $4,667. 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 ø$4,412¿ $4,667. 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 ø$4,412¿ $4,667. Any 

intermediate rate under this subsection shall be established at 

the arithmetic mean, rounded down to the nearest dollar, between the two rates concerned; 

(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 ø$1,893¿ $2,002; 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 ø$2,820¿ $2,983, in lieu of the allowance authorized in clause (1) of this subsection, if the 

Secretary finds that the veteran, in the absence of the proVerDate Nov 24 2008 01:19 Jun 05, 2009 Jkt 079010 PO 00000 Frm 00010 Fmt 6604 Sfmt 6602 E:\HR\OC\SR024.XXX SR024

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vision 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 ø$2,829¿ $2,993. 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. 

SEC. 1115. ADDITIONAL COMPENSATION FOR DEPENDENTS 

* * * * * * * 

(1) If and while rated totally disabled and— 

(A) has a spouse but no child, ø$142¿ $150; 

(B) has a spouse and one or more children, ø$245¿ $259 

plus ø$71¿ $75 for each child in excess of one; 

(C) has no spouse but one or more children, ø$96¿ $101 

plus ø$71¿ $75 for each child in excess of one; 

(D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, ø$114¿ $120 

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 

ø$271¿ $286 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 ø$227¿ $240 for a totally disabled veteran and proportionate amounts for partially disVerDate Nov 24 2008 01:19 Jun 05, 2009 Jkt 079010 PO 00000 Frm 00011 Fmt 6604 Sfmt 6602 E:\HR\OC\SR024.XXX SR024

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abled veterans in accordance with paragraph (2) of this 

section. 

* * * * * * * 

Subchapter VI—General Compensation Provisions 

* * * * * * * 

SEC. 1162. CLOTHING ALLOWANCE 

The Secretary under regulations which the Secretary shall prescribe, shall pay a clothing allowance of ø$677¿ $716 per year to 

each veteran who— 

* * * * * * * 

CHAPTER 13—DEPENDENCY AND INDEMNITY 

COMPENSATION FOR SERVICE-CONNECTED DEATHS 

* * * * * * * 

Subchapter II—Dependency and Indemnity Compensation 

* * * * * * * 

SEC. 1311. DEPENDENCY AND INDEMNITY COMPENSATION TO A SURVIVING SPOUSE 

(a)(1) Dependency and indemnity compensation shall be paid to 

a surviving spouse at the monthly rate of ø$1,091¿ $1,154. (2) The rate under paragraph (1) shall be increased by ø$233¿ 

$246 in the case of the death of a veteran who at the time of death 

was in receipt of or was entitled to receive (or but for the receipt 

of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately 

preceding death. In determining the period of a veteran’s disability 

for purposes of the preceding sentence, only periods in which the 

veteran was married to the surviving spouse shall be considered. 

(3) * * * 

øPay grade Monthly rate Pay grade Monthly rate 

øE–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 $1,242 O–8 ......................... $1,985 

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

W–2 ......................... $1,198 O–10 ....................... 2 $2,328 

W–3 ......................... $1,234 ............................... ........................

ø1 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. 


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13 

ø2 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.¿ 

Pay grade Monthly rate Pay grade Monthly rate 

E–1 .......................... $1,154 W–4 ........................ $1,380 

E–2 .......................... $1,154 O–1 ......................... $1,219 

E–3 .......................... $1,154 O–2 ......................... $1,260 

E–4 .......................... $1,154 O–3 ......................... $1,347 

E–5 .......................... $1,154 O–4 ......................... $1,427 

E–6 .......................... $1,154 O–5 ......................... $1,571 

E–7 .......................... $1,194 O–6 ......................... $1,771 

E–8 .......................... $1,260 O–7 ......................... $1,912 

E–9 .......................... 1 $1,314 O–8 ......................... $2,100 

W–1 ......................... $1,219 O–9 ......................... $2,246 

W–2 ......................... $1,267 O–10 ....................... 2 $2,463 

W–3 ......................... $1,305 ............................... ........................

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 $1,419. 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 $2,643. 

(b) If there is a surviving spouse with one or more children below 

the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall 

be increased by ø$271¿ $286 for each such child. 

(c) The monthly rate of dependency and indemnity compensation 

payable to a surviving spouse shall be increased by ø$271¿ $286 

if the spouse 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. 

(d) The monthly rate of dependency and indemnity compensation 

payable to a surviving spouse shall be increased by ø$128¿ $135 

if the surviving spouse is, by reason of disability, permanently 

housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this 

subsection, the requirement of ‘‘permanently housebound’’ will be 

considered to have been met when the surviving spouse is substantially confined to such surviving spouse’s home (ward or clinical 

areas, if institutionalized) or immediate premises by reason of a 

disability or disabilities which it is reasonably certain will remain 

throughout such surviving spouse’s lifetime. 

* * * * * * * 

SEC. 1313. DEPENDENCY AND INDEMNITY COMPENSATION TO CHILDREN 

(a) Whenever there is no surviving spouse of a deceased veteran 

entitled to dependency and indemnity compensation, dependency 


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14 

and indemnity compensation shall be paid in equal shares to the 

children of the deceased veteran at the following monthly rates: 

(1) one child, ø$462¿ $488; 

(2) two children, ø$663¿ $701; 

(3) three children, ø$865¿ $915; and 

(4) more than three children, ø$865¿ $915, plus ø$165¿ $174 

for each child in excess of three. 

* * * * * * * 

SEC. 1314. SUPPLEMENTAL DEPENDENCY AND INDEMNITY COMPENSATION TO CHILDREN 

(a) In the case of a child entitled to dependency and indemnity 

compensation who has attained the age of eighteen and who, while 

under such age, became permanently incapable of self-support, the 

dependency and indemnity compensation paid monthly to such 

child shall be increased by ø$271¿ $286. 

(b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such 

person’s deceased spouse) who has attained the age of eighteen and 

who, while under such age, became permanently incapable of selfsupport, dependency and indemnity compensation shall be paid 

monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in 

the amount of ø$462¿ $488. 

(c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such 

person’s deceased spouse), who has attained the age of eighteen 

and who, while under the age of twenty-three, is pursuing a course 

of instruction at an educational institution approved under section 

104 of this title, dependency and indemnity compensation shall be 

paid monthly to each such child, concurrently with the payment of 

dependency and indemnity compensation to the surviving spouse, 

in the amount of ø$230¿ $243. 

SEC. 1315. DEPENDENCY AND INDEMNITY COMPENSATION TO PARENTS 

(a) * * * 

(b)(1) Except as provided in paragraph (4) of this subsection, if 

there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be ø$163¿ $569, 

as increased from time to time under section 5312(b)(1) of this title 

and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations 

which the Secretary shall prescribe under section 5312(b)(2) of this 

title. 

(2) * * * 

(3) In no case may dependency and indemnity compensation be 

paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds ø$4,038¿ $13,456, as increased 

from time to time under section 5312 of this title. 

(4) * * * 

(c)(1) Except as provided in subsection (d) of this section, if there 

are two parents, but they are not living together, the monthly rate 

of dependency and indemnity compensation paid to each such parent shall be ø$115¿ $412, as increased from time to time under secVerDate Nov 24 2008 01:19 Jun 05, 2009 Jkt 079010 PO 00000 Frm 00014 Fmt 6604 Sfmt 6601 E:\HR\OC\SR024.XXX SR024

wwoods2 on PROD1PC60 with REPORTS
15 

tion 5312(b)(1) of this title and reduced by an amount, based upon 

the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under 

section 5312(b)(2) of this title. 

(2) * * * 

(3) In no case may dependency and indemnity compensation be 

paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds ø$4,038¿ $13,456, as increased 

from time to time under section 5312 of this title. 

(d)(1) If there are two parents who are living together, or if a 

parent has remarried and is living with such parent’s spouse, the 

monthly rate of dependency and indemnity compensation paid to 

such parent shall be ø$109¿ $387, as increased from time to time 

under section 5312(b)(1) of this title and reduced by an amount, 

based upon the amount of the combined annual income of the parents or the parent and the parent’s spouse, determined in accordance with regulations which the Secretary shall prescribe under 

section 5312(b)(2) of this title. 

(2) * * * 

(3) In no case may dependency and indemnity compensation be 

paid under this subsection to a parent if the total combined annual 

income of the parent and such parent’s spouse exceeds ø$5,430¿ 

$18,087, as increased from time to time under section 5312 of this 

title. 

* * * * * * * 

(g) The monthly rate of dependency and indemnity compensation 

payable to a parent shall be increased by ø$85¿ $308, as increased 

from time to time under section 5312 of this title, if such parent 

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. 

Æ 


wwoods2 on PROD1PC60 with REPORTS