An Act to amend title 38 of the United States Code to liberalize the provisions relating to payment of dependency and indemnity compensation
PL 92-197 (H.R.11652), enacted 12/15/1971

660 
PUBLIC LAW 92-197-DEC. 15, 1971 
[85 STAT. 
subdivisions in the transit zone to make tlie agreed upon annual con-
tributions. It is the purpose of this section to reaffirm 
the 
aforementioned policy established by Congress with respect to the 
regional transit project and the contractual obligation of the District 
of Columbia to provide its share of the cost of the regional transit 
project. 
Approved December 15, 1971. 
December 15, 1971 
[H. R. 11652] 
Public Law 92-197 
AN ACT 
To amend title 38 of the United States Code to liberalize the provisions relating 
to payment of dependency and indemnity compensation. 
Veterans. 
Dependency and 
indemnity com-
pensation, in-
crease. 
83 Stat. 144. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 411 of 
title 38, United States Code, is amended to read as follows: 
"(a) Dependency and indemnity compensation shall be paid to a 
widow, based on the pay ^rade of her deceased husband, at monthly 
rates set forth in the following table: 
Children. 
84 Stat. 256. 
Monthly rate 
$184 
189 
195 
208 
212 
217 
227 
240 
^251 
232 
241 
249 
"Pay grade 
W-4 
0-1 
0-2 
0-3 
0-4 
0-5 
0-6 
0-7 
0-8 
0-9 
Monthly rate 
$262 
232 
240 
257 
272 
299 
337 
365 
399 
429 
O-IO 
M69 
"Pay grade 
E-1 
E-2 
E-3 
E-4 
E^5 
E-6 
E-7 
E-8 
E-9 
W-1 
W-2 
W-3 
"1 If the veteran served as sergeant major of the Army, senior enlisted adviser of the 
Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, at 
the applicable time designated by section 402 of this title, the widow's rate shall be $270. 
"2 If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the 
Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the 
Marine Corps, at the applicable time designated by section 402 of this title, the widow's 
rate shall be $503. 
"^b) If there is a Avidow with one or more children below the age 
of eignteen of a deceased veteran, the dependency and indemnity com-
pensation paid monthly to the widow shall be increased by $22 for 
each such child. 
"(c) The monthly rate of dependency and indemnity compensation 
payable to a widow shall be increased by $55 if she is (1) a patient 
in a nursing home or (2) helpless or blind, or so nearly helpless or 
blind as to need or require the regular aid and attendance of another 
person." 
SEC. 2. Section -113 of title 38, United States Code, is amended to 
read as follows: 
"Whenever there is no widow of a deceased veteran entitled to 
dependency and indemnity compensation, dependency and indemnity 
compensation shall be paid in equal shares to the children of the 
deceased veteran at the following monthly rates: 
85 STAT. ] 
PUBLIC LAW 92-197-DEC. 15, 1971 
661 
"(1) One child, $92. 
"(2) Two children, $133. 
" (3) Three children, $172. 
"(4) More than three children, $172, plus $34 for each child in 
excess of three." 
SEC. 3. (a) Subsection (a) of section 414 of title 38. X'nited States 
Code, is amended by striking out "$32" and inserting in lieu thereof 
"$55". 
(b) Subsection (b) of section 414 of such title is amended by strik-
ing out "$88" and inserting in lieu thereof "$92". 
(c^ Subsection ((j) of section 414 of such title is amended by striking 
out ''$45" and inserting in lieu thereof "$47". 
SEC. 4. (a) Subsection (b) of section 415 of title 38, United States 
Code, is amended to read as follows: 
"(b) (1) Except as provided in paragraph (2) of this subsection, if 
there is only one parent, dependency and indemnity compensation shall 
be paid to him according to the following formula: If annual income 
is $800 or less the monthly rate of dependency and indemnity com-
pensation shall be $100. For each $1 of annual income in excess of $800 
up to and including $1,200, the monthly rate shall be reduced 3 cents; 
for each $1 of annual income in excess of $1,200 up to and including 
$1,600, the monthly rate shall be reduced 4 cents; for each $1 of annual 
income in excess of $1,600 up to and including $1,900, the monthly rate 
shall be reduced 5 cents; for each $1 of annual income in excess of 
$1,900 up to and including $2,100, the monthly rate shall be reduced 
6 cents; and for each $1 of annual income in excess of $2,100 up to 
and including $2,600, the monthly rate shall be reduced 7 cents. No 
dependency and indemnity compensation shall be paid if annual 
income exceeds $2,600, 
" (2) If there is only one parent and he has remarried and is living 
with his spouse, dependency and indemnity compensation shall be paid 
to him under either the formula of paragraph (1) of this subsection or 
under the formula in subsection (d), whichever is the greater. In such 
a case of remarriage the total combined annual income of the parent 
and his spouse shall be counted in determining the monthly rate of 
dependency and indemnity compensation under the appropriate 
formula." 
(b) Subsection (c) of such section 415 is amended to read as follows: 
" (c) Except as provided in subsection (d), if there are two parents, 
but they are not living together, dependencv and indemnity compen-
sation shall be paid to each according to tne following formula: If 
the annual income of each parent is $800 or less, the monthly rate of 
dependency and indemnity payable to each shall be $70. For each $1 
of annual income in excess of $800 up to and including $1,100, the 
monthly rate shall be reduced 2 cents; for each $1 of annual income 
in excess of $1,100 up to and including $1,700, the monthly rate shall 
be reduced 3 cents; and for each $1 of annual income in excess of 
$1,700 up to and including $2,600, the monthly rate shall be reduced 
4 cents. No dependency and indemnity compensation shall be paid to 
a parent whose annual income exceeds $2,600." 
(c) Subsection (d) of such section 415 is amended to read as follows: 
"(d) If there are two parents who are living together, or if a 
parent has remarried and is living with his spouse, dependency and 
indemnity compensation shall be paid to each such parent according 
to the following formula: If the total combined annual income is 
84 Stat. 256. 
One parent. 
80 Stat. 1157; 
84 Stat. 1582. 
Infra. 
Two parents. 
72 Stat. 1129; 
84 Stat. 1582. 
662 
PUBLIC LAW 92-197-DEC. 15, 1971 
[85 STAT. 
$1,000 or less, the monthly rate of dependency and indemnity com-
pensation payable to each parent shall be $67. For each $1 of annual 
income in excess of $1,000 up to and including $1,300, the monthly 
rate shall be reduced 1 cent; for each $1 of annual income in excess 
of $1,300 up to and including $3,400, the monthly rate shall be reduced 
•
2 cents; and for each $1 of annual income in excess of $3,400 up to 
and including $3,800, the monthly rate shall be reduced 3 cents. No 
dependency and indemnity compensation shall be paid to either 
parent if the total combined annual income exceeds $3,800." 
72 Stat. 1129; 
((J) Subscctioii (g) of such scctiou 415 is amended by redesignat-
hig paragraph (2) as (3), and by inserting immediately after sub-
paragraoh (1) (M) the following new paragraph: 
''(2) Where a fraction of a dollar is involved, annual income shall 
be fixed at the next lower dollar." 
b "nd^p^ent^ad- 
(^) ^uch sectiou 415 of title 38, United States Code, is further 
ditionai compen- 
amended by adding the following new subsection at the end thereof: 
^^*^°"- 
"(h) The monthly rate of dependency and indemnity compen-
sation payable to a parent shall be increased by $55 if such parent 
is (1) a patient in a nursing home or (2) helpless or blind, or so 
nearly helpless or blind as to need or require the regular aid and 
attendance of another person." 
sJita^^aaV^^' 
^^9- ^- Section 417 of title 38, United States Code, is amended by 
striking out subsection (a) thereof, and by striking out "(b)". 
SEC. 6. Sections 321 and 341 of title 38, United States Code, are each 
amended by striking out "(or after April 30,1957, under the circum-
stances described in section 417(a) of this title)". 
SEC. 7. Section 724 of title 38, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(c) In any case in which insurance continued in force under this 
section matures on or after January 1, 1972, an amount equal to the 
amount of premiums, less dividends, waived on and after that date 
shall be placed as an indebtedness against the insurance and, unless 
otherwise paid, shall be deducted from the proceeds. In such case, the 
liability o± the Government under subsection (b) of this section shall 
be reduced by the amount so deducted from the proceeds." 
• d ^mnu'^^com-^"'' 
^^^' ^' ^^^ pcrsou who bcfore January 1,1972, was not eligible for 
p"n*s'^t?on,'^e°iT- 
dcpeudeucy and indemnity compensation under such title by reason 
gibiiity. 
of the provisions of the prior section 417(a) of title 38, United States 
Code, may elect, in such manner as the Administrator of Veterans' 
Affairs shall prescribej to receive dependency and indemnity com-
pensation, and an election so made shall be final. A person receiving, 
or entitled to receive, death compensation on December 31,197lj shall 
continue to receive death compensation, if otherwise eligible, m the 
absence of an election to receive dependency and indemnity compen-
sation. 
Death compen- 
ggc. 9. Subsectiou (b) of scction 322 of title 38, United States Code, 
sation, increase. 
• 
-i i • 
i 
• 11 
83 Stat. 146; 
IS amended to read as follows: 
84 Stat. 1583. 
«(b) The mouthly rate of death compensation payable to a widow 
or dependent parent under subsection (a) of this section shall be 
increased by $55 if the payee is (1) a patient in a nursing home or 
(2) helpless or blind, or so nearly helpless or blind as to need or require 
the regular aid and attendance of another person." 
Effective date. 
SEO. 10. This Act shall take effect on January 1,1972. 
Approved December 15, 1971.