Veterans Benefits Improvement Act of 2002
PL 107-330 (S.2237), enacted 12/06/2002

116 STAT. 2820 
PUBLIC LAW 107-330—DEC. 6, 2002 
Public Law 107-330 
107th Congress 
An Act 
To amend title 38, United States Code, to improve authorities of the Department 
of Veterans Affairs relating to veterans' compensation, dependency and indemnity 
n fi 9009 
compensation, and pension benefits, education benefits, housing benefits, memorial 
:—: 
affairs benefits, life insurance benefits, and certain other benefits for veterans, 
[S. 2237] 
to improve the administration of benefits for veterans, to make improvements 
in procedures relating to judicial review of veterans' claims for benefits, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Veterans 
the United States of America in Congress assembled, 
Benefits Act of 
2002. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
38 use 101 note. 
(a) SHORT TITLE.—This Act may be cited as the "Veterans 
Benefits Act of 2002". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
TITLE I—COMPENSATION AND BENEFITS IMPROVEMENTS 
Sec. 101. Retention of CHAMPVA for surviving spouses remarrying after age 55. 
Sec. 102. Clarification of entitlement to special monthly compensation for women 
veterans who have service-connected loss of breast tissue. 
Sec. 103. Specification of hearing loss required for compensation for hearing loss in 
paired organs. 
Sec. 104. Assessment of acoustic trauma associated with military service from 
World War II to present. 
TITLE II—MEMORIAL AFFAIRS 
Sec. 201. Prohibition on certain additional benefits for persons committing capital 
crimes. 
Sec. 202. Procedures for disqualification of persons committing capital crimes for 
interment or memorialization in national cemeteries. 
Sec. 203. Application of Department of Veterans Affairs benefit for Government 
markers for marked graves of veterans at private cemeteries to veterans 
dying on or after September 11, 2001. 
Sec. 204. Authorization of placement of a memorial in Arlington National Cemetery 
honoring World War 11 veterans who fought in the Battle of the Bulge. 
TITLE III—OTHER MATTERS 
Sec. 301. Increase in aggregate annual amount available for State approving agen-
cies for administrative expenses for fiscal years 2003 through 2007. 
Sec. 302. Authority for Veterans' Mortgage Life Insurance to be carried beyond age 
70. 
Sec. 303. Authority to guarantee hybrid adjustable rate mortgages. 
Sec. 304. Increase in amount payable as Medal of Honor special pension. 
Sec. 305. Extension of protections under the Soldiers' and Sailors' Civil Relief Act 
of 1940 to National Guard members called to active duty under title 32, 
United States Code. 
Sec. 306. Extension of income verification authority. 
Sec. 307. Fee for loan assumption. 
Sec. 308. Technical and clarifying amendments. 
PUBLIC LAW 107-330—DEC. 6, 2002 
116 STAT. 2821 
Sec. 309. Codification of cost-of-living adjustment provided in Public Law 107-247. 
TITLE IV-JUDICIAL MATTERS 
Sec. 401. Standard for reversal by Court of Appeals for Veterans Claims of erro-
neous finding of fact by Board of Veterans' Appeals. 
Sec. 402. Review by Court of Appeals for the Federal Circuit of decisions of law of 
Court of Appeals for Veterans Claims. 
Sec. 403. Authority oi Court of Appeals for Veterans Claims to award fees under 
Equal Access to Justice Act for non-attorney practitioners. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
38, United States Code. 
TITLE I—COMPENSATION AND 
BENEFITS IMPROVEMENTS 
SEC. 101. RETENTION 
OF 
CHAMPVA 
FOR 
SURVIVTNG 
SPOUSES 
REMARRYING AFTER AGE 55. 
(a) 
EXCEPTION 
TO 
TERMINATION 
OF 
BENEFITS 
UPON 
REMARRIAGE.—Paragraph (2) of section 103(d) is amended— 
(1) by inserting "(A)" after "(2)"; and 
(2) by adding at the end the following: 
"(B) The remarriage after age 55 of the surviving spouse of 
a veteran shall not bar the furnishing of benefits under section 
1781 of this title to such person as the surviving spouse of the 
veteran.". 
(b) APPLICATION FOR BENEFITS.—In the case of an individual 
38 use 103 note. 
who but for having remarried would be eligible for medical care 
under section 1781 of title 38, United States Code, and whose 
remarriage was before the date of the enactment of this Act and 
after the individual had attained age 55, the individual shall be 
eligible for such medical care by reason of the amendments made 
by subsection (a) only if an application for such medical care is 
received by the Secretary of Veterans Affairs during the 1-year 
period ending on the effective date specified in subsection (c). 
(c) EFFECTIVE DATE.—The amendments made by this section 38 USC103 note, 
shall take effect on the date that is 60 days after the date of 
the enactment of this Act. 
SEC. 102. C L A R I F I C A T I O N OF ENTITLEMENT TO SPECIAL MONTHLY 
COMPENSATION FOR WOMEN VETERANS WHO HAVE 
SERVICE-CONNECTED LOSS OF BREAST TISSUE. 
Section 1114(k) is amended by striking "one or both breasts 
(including loss by mastectomy)" and inserting "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". 
SEC. 103. SPECIFICATION OF HEARING LOSS REQUIRED FOR COM-
PENSATION FOR HEARING LOSS IN PAIRED ORGANS. 
Section 1160(a)(3) is amended— 
(1) by striking "total deafness" the first place it appears 
and inserting "deafness compensable to a degree of 10 percent 
or more"; and 
116 STAT. 2822 
PUBLIC LAW 107-330—DEC. 6, 2002 
(2) by striking "total deafness" the second place it appears 
and inserting "deafness". 
Deadlines. 
SEC. 104. ASSESSMENT OF ACOUSTIC TRAUMA ASSOCIATED WITH 
MILITARY SERVICE FROM WORLD WAR II TO PRESENT. 
Contracts. 
(a) ASSESSMENT BY NATIONAL ACADEMY OF SCIENCES.—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 specified in this section. The Secretary shall seek 
to enter into the agreement not later than 60 days after the date 
of the enactment of this Act. 
(b) DUTIES UNDER AGREEMENT.—Under the agreement under 
subsection (a), the National Academy of Sciences shall do the fol-
lowing: 
(1) Review and assess available data on hearing loss that 
could reasonably be expected to have been incurred by members 
of the Armed Forces during the period from the beginning 
of World War II to the date of the enactment of this Act. 
(2) Identify the different sources of acoustic trauma that 
members of the Armed Forces could reasonably be expected 
to have been exposed to during the period from the beginning 
of World War II to the date of the enactment of this Act 
(3) Determine how much exposure to each source of acoustic 
trauma identified under paragraph (2) is required to cause 
or contribute to hearing loss, hearing threshold shift, or 
tinnitus, as the case may be, and at what noise level. 
(4) Determine whether or not such hearing loss, hearing 
threshold shift, or tinnitus, as the case may be, is— 
(A) immediate or delayed onset; 
(B) cumulative; 
(C) progressive; or 
(D) any combination of subparagraph (A), (B), and 
(C). 
(5) Identify age, occupational history, and other factors 
which contribute to an individual's noise-induced hearing loss. 
(6) Identify— 
(A) the period of time at which audiometric measures 
used by the Armed Forces became adequate to evaluate 
individual hearing threshold shift; and 
(B) the period of time at which hearing conservation 
measures to prevent individual hearing threshold shift 
were available to members of the Armed Forces, shown 
separately for each of the Army, Navy, Air Force, Marine 
Corps, and Coast Guard, and, for each such service, shown 
separately for members exposed to different sources of 
acoustic trauma identified under paragraph (2). 
(c) REPORT.—Not later than 180 days after the date of the 
entry into the agreement referred to in subsection (a), the National 
Academy of Sciences shall submit to the Secretary a report on 
the activities of the National Academy of Sciences under the agree-
ment, including the results of the activities required by subsection 
(b). 
(d) REPORT ON ADMINISTRATION OF BENEFITS FOR HEARING 
Loss AND TINNITUS.—(1) Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs 
shall submit to the Committees on Veterans' Affairs of the Senate 
and the House of Representatives a report on the claims submitted 
PUBLIC LAW 107-330—DEC. 6, 2002 
116 STAT. 2823 
to the Secretary for disability compensation or health care for 
hearing loss or tinnitus. 
(2) The report under paragraph (1) shall include the following: 
(A) The number of decisions issued by the Secretary in 
each of fiscal years 2000, 2001, and 2002 on claims for disability 
compensation for hearing loss, tinnitus, or both. 
(B) Of the decisions referred to in subparagraph (A)— 
(i) the number in which compensation was awarded, 
. 
and the number in which compensation was denied, set 
forth by fiscal year; and 
(ii) the total amount of disability compensation paid 
on such claims during each such fiscal year. 
(C) The total cost to the Department of Veterans Affairs 
of adjudicating the claims referred to in subparagraph (A), 
set forth in terms of full-time employee equivalents (FTEEs). 
(D) .The total number of veterans who sought treatment 
in Department of Veterans Affairs health care facilities during 
fiscal years specified in subparagraph (A) for hearing-related 
disorders, set forth by the number of veterans per year. 
(E) The health care furnished to veterans referred to in 
subparagraph (D) for hearing-related disorders, including the 
number of veterans furnished hearing aids and the cost of 
furnishing such hearing aids. 
TITLE II—MEMORIAL AFFAIRS 
SEC. 201. PROHIBITION ON CERTAIN ADDITIONAL BENEFITS FOR PER-
SONS COMMITTING CAPITAL CRIMES. 
(a) 
PRESIDENTIAL MEMORIAL CERTIFICATE.—Section 
112 
is 
amended by adding at the end the following new subsection: 
"(c) A certificate may not be furnished under the program 
under subsection (a) on behalf of a deceased person described in 
section 2411(b) of this title.". 
(b) FLAG TO DRAPE CASKET.—Section 2301 is amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following new sub-
section (g): 
"(g) A flag may not be furnished under this section in the 
case of a person described in section 2411(b) of this title.". 
(c) HEADSTONE OR MARKER FOR GRAVE.—Section 2306 is 
amended by adding at the end the following new subsection: 
"(g)(1) A headstone or marker may not be furnished under 
subsection (a) for the unmarked grave of a person described in 
section 2411(b) of this title. 
"(2) A memorial headstone or marker may not be furnished 
under subsection (b) for the purpose of commemorating a person 
described in section 2411(b) of this title. 
"(3) A marker may not be furnished under subsection (d) for 
the grave of a person described in section 2411(b) of this title.". 
(d) EFFECTIVE DATE.—The amendments made by this section Appiicabmty. 
shall apply with respect to deaths occurring on or after the date 38USC112note. 
of the enactment of this Act. 
116 STAT. 2824 
PUBLIC LAW 107-330—DEC. 6, 2002 
SEC. 202. PROCEDURES 
FOR 
DISQUALIFICATION 
OF 
PERSONS 
COMMITTING 
CAPITAL CRIMES FOR INTERMENT OR 
MEMORIALIZATION IN NATIONAL CEMETERIES. 
Section 2411(a)(2) is amended— 
(1) by striking "The prohibition" and inserting "In the 
case of a person described in subsection (b)(1) or (b)(2), the 
prohibition"; and 
(2) by striking "or finding under subsection (b)" and 
inserting "referred to in subsection (b)(1) or (b)(2), as the case 
may be,". 
SEC. 203. APPLICATION OF DEPARTMENT OF VETERANS AFFAIRS 
BENEFIT FOR GOVERNMENT MARKERS FOR MARKED 
GRAVES OF VETERANS AT PRIVATE CEMETERIES TO VET-
ERANS DYING ON OR AFTER SEPTEMBER II, 2001. 
(a) IN GENERAL.—Subsection (d) of section 502 of the Veterans 
Education and Benefits Expansion Act of 2001 (Public Law 107-
103; 115 Stat. 995; 38 U.S.C. 2306 note) is amended by striking 
"the date of the enactment of this Act" and inserting "September 
11, 2001". 
38 use 2306 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
iiote. 
shall take effect as if included in the enactment of such section 
502. 
38 u s e 2409 
SEC. 204. AUTHORIZATION OF PLACEMENT OF A MEMORIAL IN 
note. 
ARLINGTON NATIONAL CEMETERY HONORING WORLD 
WAR II VETERANS WHO FOUGHT IN THE BATTLE OF THE 
BULGE. 
The Secretary of the Army is authorized to place in Arlington 
National Cemetery a memorial marker honoring veterans who 
fought in the battle in the European theater of operations during 
World War II known as the Battle of the Bulge. 
TITLE III—OTHER MATTERS 
SEC. 301. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE 
FOR STATE APPROVING AGENCIES FOR ADMINISTRATIVE 
EXPENSES FOR FISCAL YEARS 2003 THROUGH 2007. 
The first sentence of section 3674(a)(4) is amended by inserting 
before the period at the end the following: ", for fiscal year 2003, 
$14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005, 
$18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year 
2007, $19,000,000". 
SEC. 302. AUTHORITY FOR VETERANS' MORTGAGE LIFE INSURANCE 
TO BE CARRIED BEYOND AGE 70. 
Section 2106 is amended— 
(1) in subsection (a), by inserting "age 69 or younger" 
after "any eligible veteran"; and 
(2) in subsection (i), by striking paragraph (2) and redesig-
nating paragraphs (3) and (4) as paragraphs (2) and (3), respec-
tively. 
PUBLIC LAW 107-330—DEC. 6, 2002 
116 STAT. 2825 
SEC. 303. AUTHORITY TO GUARANTEE HYBRID ADJUSTABLE RATE 
MORTGAGES. 
(a) Two-YEAR DEMONSTRATION PROJECT TO GUARANTEE CER-
TAIN ADJUSTABLE RATE MORTGAGES.—Chapter 37 is amended by 
inserting after section 3707 the following new section: 
"§ 3707A. Hybrid adjustable rate mortgages 
"(a) The Secretary shall carry out a demonstration project under 
this section during fiscal years 2004 and 2005 for the purpose 
of guaranteeing loans in a manner similar to the manner in which 
the Secretary of Housing and Urban Development insures adjust-
able rate mortgages under section 251 of the National Housing 
Act in accordance with the provisions of this section with respect 
to hybrid adjustable rate mortgages described in subsection (b). 
"(b) Adjustable rate mortgages that are guaranteed under this 
section shall be adjustable rate mortgages (commonly referred to 
as 'hybrid adjustable rate mortgages') having interest rate adjust-
ment provisions that— 
"(1) specify an initial rate of interest that is fixed for 
a period of not less than the first three years of the mortgage 
term; 
"(2) provide for an initial adjustment in the rate of interest 
by the mortgagee at the end of the period described in para-
graph (1); and 
"(3) comply in such initial adjustment, and any subsequent 
adjustment, with subsection (c). 
"(c) Interest rate adjustment provisions of a mortgage guaran-
teed under this section shall— 
"(1) correspond to a specified national interest rate index 
approved by the Secretary, information on which is readily 
accessible to mortgagors from generally available published 
sources; 
"(2) be made by adjusting the monthly payment on an 
annual basis; 
"(3) be limited, with respect to any single annual interest 
rate adjustment, to a msiximum increase or decrease of 1 
percentage point; and 
"(4) be limited, over the term of the mortgage, to a max- 
^ 
imum increase of 5 percentage points above the initial contract 
interest rate. 
"(d) The Secretary shall promulgate underwriting standards Standards, 
for loans guaranteed under this section, taking into account— 
"(1) the status of the interest rate index referred to in 
subsection (c)(1) and available at the time an underwriting 
decision is made, regardless of the actual initial rate offered 
by the lender; 
"(2) the maximum and likely amounts of increases in mort-
gage payments that the loans would require; 
"(3) the underwriting standards applicable to adjustable 
rate mortgages insured under title II of the National Housing 
Act; and 
"(4) such other factors as the Secretary finds appropriate. 
"(e) The Secretary shall require that the mortgagee make avail-
able to the mortgagor, at the time of loan application, a written 
explanation of the features of the adjustable rate mortgage. 
116 STAT. 2826 
PUBLIC LAW 107-330—DEC. 6, 2002 
including a hypothetical payment schedule that displays the max-
imum potential increases in monthly payments to the mortgagor 
over the first five years of the mortgage term.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 37 is amended by inserting after the item relating 
to section 3707 the following new item: 
"3707A. Hybrid adjustable rate mortgages.". 
SEC. 304. INCREASE IN AMOUNT PAYABLE AS MEDAL OF HONOR SPE-
CIAL PENSION. 
(a) INCREASE IN AMOUNT.—Subsection (a) of section 1562 is 
amended by striking "$600" and inserting "$1,000, as adjusted 
from time to time under subsection (e)". 
(b) ANNUAL ADJUSTMENT.—That section is further amended 
by adding at the end the following new subsection: 
Effective date. 
"(e) Effective as of December 1 each year, the Secretary shall 
increase the amount of monthly special pension payable under 
subsection (a) as of November 30 of such year by the same percent-
age 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 of such year as a result of a deter-
mination under section 215(i) of that Act (42 U.S.C. 415(i)).". 
(c) PAYMENT OF LUMP SUM FOR PERIOD BETWEEN ACT OF VALOR 
AND COMMENCEMENT OF SPECIAL PENSION.—^That section is further 
amended by adding after subsection (e), as added by subsection 
(b) of this section, the following new subsection: 
"(f)(1) The Secretary shall pay, in a lump sum, to each person 
who is in receipt of special pension payable under this section 
an amount equal to the total amount of special pension that the 
person would have received during the period beginning on the 
first day of the first month beginning after the date of the act 
for which the person was awarded the Medal of Honor and ending 
on the last day of the month preceding the month in which the 
person's special pension in fact commenced. 
"(2) For each month of a period referred to in paragraph (1), 
the amount of special pension payable to a person shall be deter-
mined using the rate of special pension that was in effect for 
such month, and shall be payable only if the person would have 
been entitled to payment of special pension for such month under 
• 
laws for eligibility for special pension (with the exception of the 
eligibility law requiring a person to have been awarded a Medal 
of Honor) in effect at the beginning of such month.". 
38 use 1562 
(d) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 
note. 
the amendments made by subsections (a) and (b) shall take effect 
on September 1, 2003. No payment may be made pursuant to 
subsection (f) of section 1562 of title 38, United States Code, as 
added by subsection (c) of this section, before October 1, 2003. 
(2) The Secretary of Veterans Affairs shall not make any adjust-
ment under subsection (e) of section 1562 of title 38, United States 
Code, as added by subsection (b) of this section, in 2003. 
SEC. 305. EXTENSION OF PROTECTIONS UNDER THE SOLDIERS' AND 
SAILORS' CIVIL RELIEF ACT OF 1940 TO NATIONAL GUARD 
MEMBERS CALLED TO ACTIVE DUTY UNDER TITLE 32, 
UNITED STATES CODE. 
Section 101(1) of the Soldiers' and Sailors' Civil Relief Act 
of 1940 (50 U.S.C. App. 511(1)) is amended— 
•^m-^' 
PUBLIC LAW 107-330—DEC. 6, 2002 
116 STAT. 2827 
(1) in the first sentence— 
(A) by striking "and all" and inserting "all"; and 
(B) by inserting before the period the following: ", 
and all members of the National Guard on service described 
in the following sentence"; and 
(2) in the second sentence, by inserting before the period 
the following: ", and, in the case of a member of the National 
Guard, shall include service under a call to active service 
authorized by the President or the Secretary of Defense for 
a period of more than 30 consecutive days under section 502(f) 
of title 32, United States Code, for purposes of responding 
to a national emergency declared by the President and sup-
ported by Federal funds". 
SEC. 306. EXTENSION OF INCOME VERIFICATION AUTHORITY. 
Section 6103(1)(7)(D) of the Internal Revenue Code of 1986 26USC6103. 
is amended by striking "September 30, 2003" in the second sentence 
after clause (ix) and inserting "September 30, 2008". 
SEC. 307. FEE FOR LOAN ASSUMPTION. 
38 USC 3729 
(a) IN GENERAL.—For the period described in subsection (b). Applicability. 
the Secretary of Veterans Affairs shall apply section 3729(b)(2)(I) 
of title 38, United States Code, by substituting "1.00" for "0.50" 
each place it appears. 
(b) PERIOD DESCRIBED.—The period referred to in subsection 
(a) is the period that begins on the date that is 7 days after 
the date of the enactment of this Act and ends on September 
30, 2003. 
SEC. 308. TECHNICAL AND CLARIFYING AMENDMENTS. 
(a) ELIGIBILITY OF CERTAIN ADDITIONAL VIETNAM ERA VET-
ERANS FOR EDUCATION BENEFITS.—Section 3011(a)(l)(C)(ii) is 
amended by striking "on or". 
(b) ACCELERATED PAYMENT OF ASSISTANCE FOR EDUCATION 
LEADING TO EMPLOYMENT IN HIGH TECHNOLOGY INDUSTRY.—(1) 
Subsection (b)(1) of section 3014A is amended by striking "employ-
ment in a high technology industry" and inserting "employment 
in a high technology occupation in a high technology industry". 
(2)(A) The heading for section 3014A is amended to read as 
follows: 
"§3014A. Accelerated payment of basic educational assist-
ance for education leading to employment in high 
technology 
occupation 
in 
high 
technology 
industry**. 
(B) The table of sections at the beginning of chapter 30 is 
amended by striking the item relating to section 3014A and 
inserting the following new item: 
"3014A. Accelerated payment of basic educational assistance for education leading 
to employment in high technology occupation in high technology indus-
try.". 
(c) SOURCE OF FUNDS FOR INCREASED USAGE OF MONTGOMERY 
GI 
BILL 
ENTITLEMENT 
UNDER 
ENTITLEMENT 
TRANSFER 
AUTHORITY.—(1) Section 3035(b) is amended— 
(A) in paragraph (1), by striking "paragraphs (2) and (3) 
of this subsection," and inserting "paragraphs (2), (3), and 
(4),"; and 
(B) by adding at the end the following new paragraph: 
116 STAT. 2828 
PUBLIC LAW 107-330—DEC. 6, 2002 
Effective date. 
38 u s e 3035 
note. 
Effective date. 
38 u s e 3512 
note. 
Effective date. 
38 u s e 3703 
note. 
"(4) Payments attributable to the increased usage of benefits 
as a result of transfers of entitlement to basic educational assistance 
under section 3020 of this title shall be made from the Department 
of Defense Education Benefits Fund established under section 2006 
of title 10 or from appropriations made to the Department of 
Transportation, as appropriate.". 
(2) The amendments made by this subsection shall take effect 
as if included in the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107-107), to which 
such amendments relate. 
(d) LICENSING OR CERTIFICATION TESTS.—Section 3689(c)(1)(B) 
is amended by striking "the test" and inserting "such test, or 
a test to certify or license in a similar or related occupation,". 
(e) PERIOD OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' 
ASSISTANCE 
EDUCATION 
BENEFITS.—(1) 
Section 
3512(a) is 
amended— 
(A) in paragraph (3)— 
(i) by striking "paragraph (4)" in the matter preceding 
subparagraph (A) and inserting "paragraph (4) or (5)"; and 
(ii) by striking "subsection (d)" in subparagraph (C)(i) 
and inserting "subsection (d), or any date between the 
two dates described in subsection (d)"; 
(B) by redesignating paragraphs (4), (5), (6), and (7) as 
paragraphs (5), (6), (7), and (8), respectively; 
(C) by inserting after paragraph (3) the following new 
paragraph (4): 
"(4) if the person otherwise eligible under paragraph (3) 
fails to elect a beginning date of entitlement in accordance 
with that paragraph, the beginning date of the person's entitle-
ment shall be the date of the Secretary's decision that the 
parent has a service-connected total disability permanent in 
nature, or that the parent's death was service-connected, which-
ever is applicable;"; and 
(D) in paragraph (6), as so redesignated, by striking "para-
graph (4)" and inserting "paragraph (5)". 
(2) The amendments made by this subsection shall take effect 
November 1, 2000. 
(f) LOAN FEES.—(1) Section 3703(e)(2)(A) is amended by striking 
"3729(b)" and inserting "3729(b)(2)(I)". 
(2) The amendment made by paragraph (1) shall take effect 
as if included in the enactment of section 402 of the Veterans 
Benefits and Health Care Improvement Act of 2000 (Public Law 
106-419; 114 Stat. 1861). 
(g) ADDITIONAL MISCELLANEOUS TECHNICAL AMENDMENTS TO 
TITLE 38, UNITED STATES CODE.—(1)(A) The tables of chapters 
preceding part I and at the beginning of part IV are each amended 
by striking "5101" in the item relating to chapter 51 and inserting 
"5100". 
(B) The table of parts preceding part I is amended by striking 
"5101" in the item relating to part IV and inserting "5100". 
(2) Section 107(d)(2) is amended by striking "the date of the 
enactment of this subsection" and inserting "November 1, 2000,". 
(3) Section 1701(10)(A) is amended by striking "the date of 
the enactment of the Veterans' Millennium Health Care and Bene-
fits Act" and inserting "November 30, 1999,". 
(4) Section 1705(c)(1) is amended by striking "Effective on 
October 1, 1998, the Secretary" and inserting "The Secretary". 
PUBLIC LAW 107-330—DEC. 6, 2002 
116 STAT. 2829 
(5) Section 1707(a) is amended by inserting "(42 U.S.C. 14401 
et seq.)" before the period at the end. 
(6) Section 1710(e)(1)(D) is amended by striking "the date of 
the enactment of this subpeiragraph" and insert;ing "November 11, 
1998". 
(7) Section 1729B(b) is amended by striking "the date of the 
enactment of this section" and insert;ing "November 30, 1999,". 
(8) Section 1781(d) is amended— 
(A) in paragraph (l)(BXi), by striking "as of the date" 
and all that follows through "of 2001" and inserting "as of 
June 5, 2001"; and 
(B) in pairagraph (4), by striking "paragraph" and inserting 
"subsection". 
(9) Section 3018C(e)(2)(B) is amended by striking the comma 
after "April". 
(10) Section 3031(a)(3) is amended by striking "the date of 
the enactment of this paragraph" and inserting "December 27, 
2001". 
(11) Section 3485(a)(4) is amended in subparagraphs (A), (C), 
and (F), by striking "the five-year period beginning on the date 
of the enactment of the Veterans Education and Benefits Expamsion 
Act of 2001" and inserting "the period preceding December 27, 
2006". 
(12) Section 3734(b)(2) is amended— 
(A) by striking subparagraph (B); and 
(B) by redesignating subparagraphs (C), (D), (E), and (F) 
as subparagraphs (B), (C), (D), and (E), respectively. 
(13) Section 7315(a) is amended by inserting "Veterans Health" 
in the first sentence after "in the". 
(h) PUBLIC LAW 107-103.—Effective as of December 27, 2001, Effective date. 
and as if included therein as originally enacted, section 103(c) 
of the VeterEins Education euid Benefits Expeinsion Act of 2001 
(Public Law 107-103; 115 Stat. 979) is amended by inserting closing 38 USC 3103. 
quotation meirks at the end of the text inserted by the amendment 
made by paragraph (2). 
(i) PUBLIC LAW 102-86.—Section 403(e) of the Veterans' Bene-
fits Programs Improvement Act of 1991 (Public Law 102-86; 105 
Stat. 424) is amended by striking "section 321" and all that follows 38 USC 2400 
through "and 484)" £uid inserting "subchapter II of chapter 5 of note, 
title 40, United States Code, sections 541 through 555 and 1302 
of title 40, United States Code". 
SEC. 309. CODIFICATION 
OF COST-OF-LIVING 
ADJUSTMENT 
PRO-
VIDED IN PUBLIC LAW 107-247. 
(a) 
VETERANS' DISABILITY COMPENSATION.—Section 1114 
is 
amended— 
(1) by striking "$103" in subsection (a) and inserting "$104"; 
(2) by striking "$199" in subsection (b) and inserting "$201"; 
(3) by striking "$306" in subsection (c) and inserting "$310"; 
(4) by striking "$439" in subsection (d) and inserting "$445"; 
(5) by striking "$625" in subsection (e) and inserting "$633"; 
(6) by striking "$790" in subsection (f) and inserting "$801"; 
(7) by striking "$995" in subsection (g) and inserting 
"$1,008"; 
(8) by striking "$1,155" in subsection (h) and inserting 
"$1,171"; 
by striking "$3,378" in subsection (n) and inserting 
116 STAT. 2830 
PUBLIC LAW 107-330—DEC. 6, 2002 
(9) by striking "$1,299" in subsection (i) and inserting 
"$1,317"; 
(10) by striking "$2,163" in subsection (j) and inserting 
"$2,193"; 
(11) in subsection (k)— 
(A) by striking "$80" both places it appears and 
inserting "$81"; and 
(B) by striking "$2,691" and "$3,775" and inserting 
"$2,728" and "$3,827", respectively; 
(12) by striking "$2,691" in subsection (1) and inserting 
"$2,728"; 
(13) by striking "$2,969" in subsection (m) and inserting 
"$3,010"; 
(14) 
"$3,425"; 
(15) by striking "$3,775" each place it appears in sub-
sections (o) and (p) and inserting "$3,827"; 
(16) by striking "$1,621" and "$2,413" in subsection (r) 
and inserting "$1,643" and "$2,446", respectively; and 
(17) by striking "$2,422" in subsection (s) and inserting 
"$2,455". 
(b) 
ADDITIONAL COMPENSATION FOR DEPENDENTS.—Section 
1115(1) is amended— 
(1) by striking "$124" in subparagraph (A) and inserting 
"$125"; 
(2) by striking "$213" in subparagraph (B) and inserting 
"$215"; 
(3) by striking "$84" in subparagraph (C) and inserting 
"$85"; 
(4) by striking "$100" in subparagraph (D) and inserting 
"$101"; 
(5) by striking "$234" in subparagraph (E) and inserting 
"$237"; and 
(6) by striking "$196" in subparagraph (F) and inserting 
"$198". 
(c) CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.— 
Section 1162 is amended by striking "$580" and inserting "$588". 
(d) DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING 
SPOUSES.—(1) Section 1311(a) is amended— 
(A) by striking "$935" in paragraph (1) and inserting 
"$948"; and 
(B) by striking "$202" in paragraph (2) and inserting 
; "$204". 
. 
PUBLIC LAW 107-330—DEC. 6, 2002 
116 STAT. 2831 
(2) The table in section 1311(a)(3) is amended to read as follows: 
"Pay grade 
E-1 .... 
E-2 .... 
E-3 
E ^ 
E-5 
E-6 
E-7 
E-8 
E-9 
W-1 
W-2 
Monthly 
rate 
$948 
948 
948 
948 
948 
948 
980 
1,035 
11,080 
1,001 
1,042 
Pay grade 
W-4 ., 
0-1 .. 
0-2 .. 
0-3 ... 
0-4 .. 
0-5 ... 
0-6 .. 
0-7 .. 
0-8 ... 
0-9 .. 
O-IO . 
Monthly 
rate 
$1,134 
1,001 
1,035 
1,107 
1,171 
1,289 
1,453 
1,570 
1,722 
1,843 
2 2,021 
W-3 
1,072 
"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 des-
ignated by section 1302 of this title, the surviving spouse's rate shall be $1,165. 
"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 $2,168.". 
(3) Section 1311(b) is amended by striking "$234" and inserting 
"$237". 
(4) Section 1311(c) is amended by striking "$234" and inserting 
"$237". 
(5) Section 1311(d) is amended by striking "$112" and inserting 
"$113". 
(e) 
DEPENDENCY AND INDEMNITY COMPENSATION FOR CHIL-
DREN.—(1) Section 1313(a) is amended— 
(A) by striking "$397" in paragraph (1) and inserting 
"$402"; 
(B) by striking "$571" in paragraph (2) and inserting 
"$578"; 
(C) by striking "$742" in paragraph (3) and inserting 
"$752"; and 
(D) by striking "$742" and "$143" in paragraph (4) and 
inserting "$752" and "$145", respectively. 
(2) Section 1314 is amended— 
(A) by striking "$234" in subsection (a) and inserting 
"$237"; 
(B) by striking "$397" in subsection (b) and inserting 
"$402"; and 
(C) by striking "$199" in subsection (c) and inserting "$201". 
116 STAT. 2832 
PUBLIC LAW 107-330—DEC. 6, 2002 
TITLE IV—JUDICIAL MATTERS 
38 u s e 7261. 
Effective date. 
38 u s e 7261 
note. 
38 u s e 7292 
note. 
SEC. 401. STANDARD FOR REVERSAL BY COURT OF APPEALS FOR VET-
ERANS CLAIMS OF ERRONEOUS FINDING OF FACT BY 
BOARD OF VETERANS' APPEALS. 
(a) STANDARD FOR REVERSAL.—Paragraph (4) of subsection (a) 
of section 7261 is amended— 
(1) by inserting "adverse to the claimant" after "material 
fact"; and 
(2) by inserting "or reverse" after "and set aside". 
(b) REQUIREMENTS FOR REVIEW.—Subsection (b) of that section 
is amended to read as follows: 
"(b) In making the determinations under subsection (a), the 
Court shall review the record of proceedings before the Secretary 
and the Board of Veterans' Appeals pursuant to section 7252(b) 
of this title and shall— 
"(1) take due account of the Secretary's application of sec-
tion 5107(b) of this title; and 
"(2) take due account of the rule of prejudicial error.". 
(c) APPLICABILITY.—(1) Except as provided in paragraph (2), 
the amendments made by this section shall take effect on the 
date of the enactment of this Act. 
(2) The amendments made by this section shall apply with 
respect to any case pending for decision before the United States 
Court of Appeals for Veterans Claims other than a case in which 
a decision has been entered before the date of the enactment of 
this Act. 
SEC. 
402. 
REVIEW 
BY 
COURT 
OF 
APPEALS 
FOR 
THE 
FEDERAL 
CIRCUIT 
OF 
DECISIONS 
OF 
LAW 
OF 
COURT 
OF 
APPEALS 
FOR 
VET-
ERANS 
CLAIMS. 
(a) REVIEW.—Section 7292(a) is amended by inserting "a deci-
sion of the Court on a rule of law or of in the first sentence 
after "the validity of. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall apply with respect to any appeal— 
(1) filed with the United States Court of Appeals for the 
Federal Circuit on or after the date of the enactment of this 
Act; or 
(2) pending with the United States Court of Appeals for 
the Federal Circuit as of the date of the enactment of this 
Act in which a decision has not been rendered as of that 
date. 
PUBLIC LAW 107-330—DEC. 6, 2002 
116 STAT. 2833 
SEC. 403. AUTHORITY OF COURT OF APPEALS FOR VETERANS CLAIMS 
28 USC 2412 
TO AWARD FEES UNDER EQUAL ACCESS TO JUSTICE ACT 
note. 
FOR NON-ATTORNEY PRACTITIONERS, 
The authority of the United States Court of Appeals for Vet-
erans Claims to award reasonable fees and expenses of attorneys 
under section 2412(d) of title 28, United States Code, shall include 
authority to award fees and expenses, in an amount determined 
appropriate by the United States Court of Appeals for Veterans 
Claims, of individuals admitted to practice before the Court as 
non-attorney practitioners under subsection (b) or (c) of Rule 46 
of the Rules of Practice and Procedure of the United States Court 
of Appeals for Veterans Claims. 
Approved December 6, 2002. 
LEGISLATIVE HISTORY—S. 2237: 
SENATE REPORTS: No. 107-234 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 148 (2002): 
Sept. 26, considered and passed Senate. 
Nov. 14, considered and passed House, amended. 
Nov. 15, Senate concurred in House amendments.