An Act to amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans; to increase the rate of dependency and indemnity compensation for their survivors, and for other purposes.
PL 94-433 (H.R.14299), enacted 09/30/1976

90 STAT. 1374 
PUBLIC LAW 94-433—SEPT. 30, 1976 
Public Law 94-433 
94th Congress 
Sept. 30, 1976 
[H.R. 14299] 
Veterans 
Disability 
Compensation 
and Survivor 
Benefits Act of 
1976. 
38 u s e 101 note. 
Rate adjustment. 
38 u s e 314 note. 
38 u s e prec. 
101. 
38 u s e 301, 
et seq. 
An Act 
" and inserting in 
" and inserting in 
To amend title 38, United States Code, to increase the rates of disability com-
pensation for disabled veterans; to increase the rates of dependency and 
indemnity compensation for their survivors; and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the '"Veterans Disability Compensation and Survivor Bene-
fits Act of 1976". 
TITLE I—VETERANS DISABILITY COMPENSATION 
SEC. 101. (a) Section 314 of title 38, United States Code, is 
amended— 
(1) by striking out in subsection (a) "$35" and inserting in 
lieu thereof "$38'^; 
(2) by striking out in subsection (b) "$65" and inserting in 
lieu thereof "$70'^; 
(3) by striking out in subsection (c) "$98" and inserting in 
lieu thereof "$106"; 
(4) by striking out in subsection (d) "$134" and inserting in 
lieu thereof'|$145"; 
(5) by striking out in subsection (e) "^ 
lieu thereof "$203"; 
(6) by striking out in subsection (f) "^ 
lieu thereof "$255"; 
(7) by striking out in subsection (g) "$280" and inserting in 
lieu thereof "$302"; 
(8) by striking out in subsection (h) "$324" and inserting in 
lieu thereof "$350"; 
(9) by striking out in subsection (i) "$364" and inserting in 
lieu thereof "$393"; 
(10) by striking 
lieu thereof "$707"; 
(11) by striking out in subsection (k) "$52" and "$814" and 
"$1,139" each time they appear and inserting in lieu thereof 
"$56" and "$879" and "$1,231", respectively; 
(12) by striking out in subsection (1) "$814" and inserting in 
lieu thereof "$879"; 
(13) by striking out in subsection (m) "$896" and inserting in 
lieu thereof "$968^'; 
(14) by striking out in subsection (n) "$1,018" and inserting in 
lieu thereof "$1,099"; 
(15) by striking out in subsection (o) and (p) "$1,139" each 
time it appears and inserting in lieu thereof "$1,231"; 
(16) by striking out in subsection (r) "$489" and inserting in 
lieu thereof "$528"; and 
(17) by striking out in subsection (s) " $732" and inserting in 
lieu thereof "$791". 
(b) The Administrator of Veterans' Affairs may adjust adminis-
tratively, consistent with the increases authorized by this section, the 
rates of disability compensation payable to persons within the pur-
view of section 10 of Public Law 85-857 who are not in receipt of 
compensation payable pursuant to chapter 11 of title 38, United 
States Code. 
out in subsection (j) "$655" and inserting in 
PUBLIC LAW 94-433—SEPT. 30, 1976 
90 STAT. 1375 
SEC. 102. Section 315(1) of title 38, United States Code, as 
amended— 
(1) by striking out in subparagraph (A) "$40" and inserting 
in lieu thereof "$43"; 
(2) by striking out in subparagraph (B) "$67" and inserting 
in lieu thereof "$72"; 
(3) by striking out in subparagraph (C) "$85" and inserting 
in lieu thereof "$92"; 
(4) by striking out in subparagraph (D) "$105" and "$19" 
and inserting in lieu thereof "$113" and "$21", respectively; 
(5) by striking out in subparagraph (E) "$26" and inserting 
in lieu thereof "$28"; 
(6) by striking out in subparagraph (F) "$45" and inserting 
in lieu thereof "$49"; 
(7) by striking out in subparagraph (G) "$67" and "$19" and 
inserting in lieu thereof "$72" and "$21", respectively; 
(8) by striking out in subparagraph (H) "$32" and inserting 
in lieu thereof "$35" and by striking out in such subparagraph 
after the semicolon "and"; 
(9) by striking out in subparagraph (I) "$61" and inserting 
in lieu thereof "$66"; and 
(10) by redesignating subparagraph (I) as subparagraph (J) 
and inserting the new subparagraph (I) as follows: 
j 
"(I) notwithstanding the other provisions of this subsection, 
the monthly payable amount on account of a spouse who 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 attend-
ance of another person, shall be $78 for a totally disabled veteran 
and proportionate amounts for partially disabled veterans in ac-
cordance with paragraph (2) of this subsection; and". 
TITLE II—SURVIVORS, DEPENDENCY AND INDEMNITY 
COMPENSATION 
SEC. 201. Section 411 of title 38, United States Code, is amended to 
read as follows: 
**§411. Dependency and indemnity compensation to a surviving 
spouse 
"(a) Dependency and indemnity compensation shall be paid to a 
surviving spouse, based on the pay grade of the person upon whose 
death entitlement is predicated, at monthly rates set forth in the fol-
lowing; table: 
Widows. 
"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 
Monthly rate 
$260 
268 
275 
292 
300 
307 
322 
340 
"355 
328 
341 
352 
Pay grade 
W-4 
0-1 
0-2 
O-^ 
O ^ 
0-5 
0-6 
0-7 
0-8 
0-9 
O-IO 
Monthly rate 
$372 
328 
340 
364 
384 
423 
476 
516 
565 
607 
="664 
" 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 
sec. 402 of this title, the surviving spouse's rate shall be $382. 
" 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 sec. 402 of this title, the 
surviving spouse's rate shall be $712. 
90 STAT. 1376 
PUBLIC LAW 94-433—SEPT. 30, 1976 
" (b) If there is a surviving spouse with one or more children below 
the age of eighteen of a deceased veteran, the dependency and indem-
nity compensation paid monthly to the surviving spouse shall be 
increased by $31 for each such child. 
"(c) The monthly rate of dependency and indemnity compensa-
tion payable to a surviving spouse shall be increased by $78 if the 
spouse 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,". 
Children. 
SFX. 202. Section 413 of title 38, United States Code, is amended to 
read as follows: 
"Whenever there is no suriving spouse of a deceased veteran entitled 
to dependency and indemnity compensation, dependency and indem-
nity compensation shall be paid in equal sluires to the children of the 
deceased veteran at the following monthly rates: 
"(1) one child, $131; 
"(2) two children, $189; 
"(3) three children, $243; and 
"(4) more than three children. $243, plus $49 for each child in 
excess of three.". 
SEC. 203. Section 414 of title 38, United States Code, is amended— 
(1) by striking out in subsection (a) "$72" and inserting in lieu 
thereof "$78"; 
(2) by striking out in subsection (b) "$121" and inserting in 
lieu thereof "$131"; and 
(3) by striking out in subsection (c) "$62" and inserting in lieu 
thereof "$67". 
SEC. 204. (a) The Administrator shall carry out a thorough and 
detailed study of the dependency and indemnity compensation pro-
gram authorized under chapter 13 of this title and of its beneficiaries 
to measure and evaluate the adequacy of benefits provided under this 
program and to determine whether, or to what extent, benefits should 
be based on the military pay grade of the person upon whose death 
entitlement is predicated. 
Report. 
(b) The report of such study shall include such full statistical data 
as may be obtained concerning surviving spouses and dependents in 
receipt of dependency and indemnity compensation other than under 
section 415 of title 38, United States Code, and in each instance the 
data shall include a breakdown of the distribution of the surviving 
spouses and dependents amongst the pay grade levels set forth in sec-
Ante, p. 1375. 
tion 411(a) of title 38, United States Code. Data concerning such sur-
viving spouses and dependents shall include (1) full statistical 
information concerning the number and ages of surviving spouses and 
dependents, the number of surviving spouses that remarry, the number 
of surviving spouses with dependents, and the number of surviving 
spouses in receipt of aid and attendance; (2) full statistical informa-
tion concerning the number of surviving spouses and the number of 
dependents in receipt of old-age, survivors, and disability insurance 
(OASDI) cash benefits and the amount and type thereof, the number 
of surviving spouses and the number of dependents in receipt of other 
Federal or State assistance and the amount and type thereof, the num-
— 
ber of surviving spouses in receipt of State survivor benefits and the 
amount and type thereof to include a breakdown by State, and the 
numl)er of surviving spouses who work and their earnings therefrom; 
(3) full statistical information concerning the educational attainment 
• 
. 
of the survivor's deceased spouse; and (4) full statistical information 
concerning those surviving spouses whose veteran spouse was in receipt 
Children, 
supplemental 
compensation. 
Study. 
38 u s e 410 note. 
38 u s e 401 
et seq. 
PUBLIC LAW 94-433—SEPT. 30, 1976 
90 STAT. 1377 
of disability compensation pursuant to chapter 11 of title 38, prior to 
death and the rating of disability thereof. 
(c) The report together with such comments and recommendations 
by the Administrator for improving the program as are appropriate 
shall be submitted to the Congress and the President not later than 
October 1, 1977. 
TITLE III—OTHER DISABLED VETERANS PROGRAM 
IMPROVEMENTS 
38 use 301 
et seq. 
Submittal to 
Congress and 
President. 
Clothing 
allowance. 
Mortgage 
Protection Life 
Insurance. 
SEC. 801. Section 362 of title 38, United States Code, is amended by 
striking out ''$175" and inserting in lieu thereof "$190". 
SEC. 302. Section 806 of title 38, LTnited States Code, is amended by 
striking out in subsection (c) "$30,000," and inserting in lieu thereof 
"$40,000,". 
SEC. 303. Section 1901 of title 38, United States Code, is amended— 
(1) by striking out in paragraph (1) before the colon at the end 
of clause (A) "during World War II or thereafter" and inserting 
in lieu thereof "on or after Septeml)or 16, 1940"; and 
(2) by striking out in paragraph (1) before the period at the 
end of clause (B) "during World War II or thereafter" and 
inserting in lieu thereof "on or after September 16, 1940". 
SEC. 304. (a) Chapter 23 of title 38, United States Code, is amended 
by adding at the end thereof the following new" section: 
"§ 908. Transportation of deceased veteran to a national cemetery 38 USC 908. 
"Where a veteran dies as the result of a service-connected disability, 
or is in receipt of (but for the receipt of retirement pay or pension 
under this title would have been entitled to) disability compensation, 
the Administrator may pay, in addition to any amount paid pursuant 
to section 902 or 907 of this title, the cost of transportation of the 
deceased veteran for burial in a national cemetery. Such payment shall 
not exceed the cost of transportation to the national cemetery nearest 
the veteran's last place of residence in which burial space is available.". 
(b) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following: 
"908. Transportation of deceased veterans to a national cemetery.". 
TITLE IV—MISCELLANEOUS AND TECHNICAL AMEND-
MENTS AND EFFECTIVE DATE PROVISIONS 
SEC. 401. (^hapter 11 of title 38, United States Code, is amended— 
(1) by striking out in the table of sections at the beginning of 
such chapter 11 
"356. Minimum rating for arrested tuberculosis." ; 
(2) by striking out in paragraph (3) of section 301 "Leprosy" 
and inserting in lieu thereof "Hansen's disease"; 
(3) by striking out in paragraph (4) of section 301 "Leprosy", 
and by inserting in paragraph (4) of such section "Hansen's 
disease" between "Filiariasis" and "Leishmaniasis, including 
kala-azar"; 
(4) by striking out in clause (o) of section 314 "in combina-
tion with total blindness with 5/200 visual acuity or less,"; and 
(5) by striking out in clause (r) of section 314 "3203(f)" and 
inserting in lieu thereof "3203(e)". 
SEC. 402. Section 3012(b) of title 38, United States Code, is 
amended— 
38 USC 301. 
90 STAT. 1378 
PUBLIC LAW 94-433—SEPT. 30, 1976 
Amputees, 
cardiovascular 
disorders, study. 
38 u s e 301 note. 
Report to 
Speaker of the 
House and 
President of the 
Senate. 
38 u s e 301. 
(1) by inserting in clause (2) "annulment," immediately before 
"divorce" each time it appears; and 
(2) by striking out in clause (9) "his" and inserting in lieu 
thereof "the benehciary's". 
SEC. 403. (a) The Administrator of Veterans' Affairs shall conduct 
a scientific study to determine if there is a causal relationship between 
the amputation of an extremity and the subsequent development of 
cardiovascular disorders. 
(b) The report of the study shall include (1) a comprehensive 
review and professional analysis of the literature covering other such 
studies conducted or underway of such relationship; and (2) an anal-
ysis of statistically valid samples of disability claims of veterans hav-
ing service-connected extremity amputation matched by age, sex and 
war period with nonamputee veterans. 
(c) The report, together with such comments and recommendations 
as the Administrator deems appropriate, shall be submitted to the 
Speaker of the House and the President of the Senate not later than 
June 30, 1977. 
SEC. 404. Chapter 11 of title 38, United States Code, is further 
amended— 
(1) by striking out in clauses (A) and (B) of section 301(2) 
"him" and inserting in lieu thereof "such veteran"; 
(2) by striking out in section 302(a) "widow of a veteran under 
this chapter unless she was married to him" and inserting in lieu 
thereof "surviving spouse of a veteran under this chapter unless 
such surviving spouse was married to such veteran"; 
(3) by striking out in section 302(b) "widow" each time it 
appears and inserting in lieu thereof "surviving spouse"; 
(4) by striking out in the catchline of section 302 "widows" 
and inserting in lieu thereof "surviving spouses"; 
(5) by striking out in the table of sections at the beginning of 
such chapter 11. 
"IW2. Special provisions relating to widows." 
and inserting in lieu thereof 
"302. Special provisions relating to surviving spouses." ; 
(6) by striking out in clauses (m) and (o) of section 314 "him" 
and inserting in lieu thereof "such veteran"; 
(7) by striking out in section 314(p) ", in his discretion,"; 
(8) by striking out in clauses (r) and (s) of section 314 "he" 
and "his" each time they appear and inserting in lieu thereof 
"such veteran" and "such veteran's", respectively; 
(9) by striking out in clauses (A), (B), (C), (D), (E), (F), 
and (G) of section 315(1) "wife" each time it appears and insert-
ing in lieu thereof "spouse"; 
(10) by striking out in section 315(1) (H) "mother or father, 
either or both dependent upon him" and inserting in lieu thereof 
"parent dependent upon such veteran"; 
(11) by striking out in section 315 (2) "his"; 
(12) by striking out in section 321 "widow" and inserting in 
lieu thereof "spouse"; 
(13) by striking out in paragraphs (1) and (2) of section 
322 (a) "Widow" and inserting in lieu thereof "Surviving spouse"; 
(14) by striking out in paragraphs (3), (4), and (5) of section 
322(a) "widow" and inserting in lieu thereof "surviving spouse"; 
(15) by striking out in section 322(a) (6) "mother or father" 
and inserting in lieu thereof "parent"; 
PUBLIC LAW 94-433—SEPT. 30, 1976 
90 STAT. 1379 
(16) by striking out in section 322(a) (7) "Dependent mother 
38 USC 322. 
and father'' and inserting in lieu thereof "Both dependent 
parents"; 
(17) by striking out in section 322(b) "widow" and inserting 
in lieu thereof "surviving spouse"; 
(18) by striking out in section 341 "widow" and inserting in 
lieu thereof "spouse"; 
(19) by striking out in section 351 "him", and by striking out 
in such section "his" and inserting in lieu thereof "such veteran's"; 
(20) by striking out in section 354(a) "his'* and "he" each 
time they appear and inserting in lieu thereof "such veteran's" 
and "such veteran", respectively; 
(21) by striking out m section 358 ", in his discretion ,", and by 
striking out in such section "his wife" and "a wife'* and inserting 
in lieu thereof 
"such veteran*s spouse" and "such spouse", 
respectively; 
(22) by striking out in section 360 "his*' each time it appears 
and inserting in lieu thereof "such veteran's*'; 
(23) by striking out in section 361 "his'* and inserting in lieu 
thereof "such former member's"; and 
(24) by striking out in section 362 "he** and inserting in lieu 
thereof "the Administrator". 
SEC. 405. Chapter 13 of title 38, United States Code, is amended— 
38 USC 401 
(1) by striking out in subsections (a) and (b) of section 402 ^^ seq. 
"his" and "he'* each time they appear and inserting in lieu thereof 
"such veteran's" and "such veteran", respectively; 
(2) by striking out in subsections (c) and (d) of section 402 
"he" and "his widow" and inserting in lieu thereof "such veteran" 
and "such veteran's surviving spouse", respectively; 
(3) by striking out in section 402(e) "his" and "he" each time 
they appear and inserting in lieu thereof "such person's" and 
"such person", respectively; 
(4) by striking out in section 404 "widow", "she", and "him", 
and inserting in lieu thereof "surviving spouse", "such surviving 
spouse", and "such veteran", respectively; 
(6) by striking out in the catchline of section 404 "widows" 
and inserting in lieu thereof "surviving spouses"; 
(6) by striking out in the table of sections at the beginning of 
such chapter 13 
"404. Special provisions relating to widows." 
^ 
and inserting in lieu thereof 
"404. Special provisions relating to surviving spouses."; 
(7) by striking out in subsections (a) and (b) of section 410 
"his widow", "widow*', "he", and "his" and inserting in lieu 
thereof "such veteran's surviving spouse", "surviving spouse", 
"such veteran'*, and "such veteran's'*, respectively; 
(8) by striking out in the table of sections at the beginning of 
such chapter 13 
''411. Dei)endenc.v and indemnity compensation to a widow." 
and inserting in lieu thereof 
"411. Dependency and indemnity compensation to a surviving spouse."; 
(9) by striking out in subsections (a) and (b) of section 412 
"his", "he'*, and "widow" each time they appear and inserting in 
lieu thereof "such veteran's"', "such veteran", and "surviving 
spouse", respectively; 
90 STAT. 1380 
PUBLIC LAW 94-433—SEPT. 30, 1976 
' " 
(10) by striking out in subsections (a), (b), and (c) of section 
38 use 414. 
414 "him", "woman", "widow", and "her deceased husband" each 
time they appear and inserting in lieu thereof "such child", "per-
son", "surviving spouse", and "such person's deceased spouse", 
respectively; 
' 
(11) by striking out in paragraphs (1) and (2) of section 
416(a) "widow" and "his" and inserting in lieu thereof "sur-
viving spouse" and "such person's", respectively; 
(12) by striking out in section 416(b) (1) "widow" and "her" 
and inserting in lieu thereof "surviving spouse" and "such surviv-
ing spouse", respectively; 
(13) by striking out in section 416(c) "him" and inserting in 
lieu thereof "such child"; 
(14) by striking out in section 416(d) "him" each time it 
appears and inserting in lieu thereof "such parent"; 
(15) by striking out in section 416(e) (1) "he" and "his" and 
inserting in lieu thereof "such person" and "such beneficiary's", 
respectively; 
(16) by striking out in section 416(e)(3) "his" and "he" and 
inserting in lieu thereof "such child's" and "the Administrator", 
respectively; 
, 
(17) by striking out in section 421 "him" and inserting in lieu 
thereof "the Administrator"; 
\ 
(18) by striking out in section 422(a) "his" and "him" and 
inserting in lieu thereof "such veteran's" and "such Secretary", 
respectively; and 
(19) by striking out in section 423 "him" and "he" each time 
they appear and inserting in lieu thereof "the Administrator". 
Effective date. 
SEC. 406. The provisions of this Act shall become effective on 
38 use 301 note. October 1,1976. 
Approved September 30, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1270 (Comm. on Veterans' Affairs). 
SENATE REPORT No. 94-1226 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol 122 (1976): 
June 21, considered and passed House. 
Sept. 20, considered and passed Senate, amended. 
Sept. 21, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: 
Sept. 30, Presidential statement.