An Act to amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans, to increase the rates of dependency and indemnity compensation for their survivors, and for other purposes.
PL 95-117 (H.R.1862), enacted 10/03/1977

PUBLIC LAW 95-117—OCT. 3, 1977 
91 STAT. 1063 
Public Law 95-117 
95th Congress 
An Act 
To amend title 38, United States Code, to increase the rates of disability compen- 
Oct. 3, 1977 
sation for disabled veterans; to increase the rates of dependency and indemnity 
rjj j^ 18621 
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 Veterans 
be cited as the "Veterans Disability Compensation and Survivor Bene- Disability 
fits Act of 1977". 
Compensation 
and Survivor 
TITLE I—VETERANS DISABILITY COMPENSATION 
\^f^^ ^'* °^ 
38 u s e 101 
SEC. 101. (a) Section 314 of title 38, United States Code, is amended „ote. 
^y— 
.
.
. 
. 
. 
. ,. 
(1) striking out in subsection (a) ''$38" and inserting in lieu 
thereof "$41"; 
(2) striking out in subsection (b) "$70" and inserting in lieu 
thereof "$75"; 
(3) striking out in subsection (c) "$106" and inserting in lieu 
thereof "$113"; 
(4) striking out in subsection (d) "$145" and inserting in lieu 
thereof "$155"; 
(5) striking out in subsection (e) "$203" and inserting in lieu 
thereof "$216"; 
(6) striking out in subsection (f) "$255" and inserting in lieu 
thereof "$272"; 
(7) striking out in subsection (g) "$302" and inserting in lieu 
thereof "$322"; 
(8) striking out in subsection (h) "$350" and inserting in lieu 
thereof "$373"; 
(9) striking out in subsection (i) "$393" and inserting in lieu 
thereof "$419"; 
(10) striking out in subsection (j) "$707" and inserting in lieu 
thereof "$754" • 
(11) striking out in subsection (k) "$879" and "$1,231" and 
inserting in lieu thereof "$937" and "$1,312", respectively; 
(12) striking out in subsection (1) "$879" and inserting in lieu 
thereof "$937"; 
(13) striking out in subsection (m) "$968" and inserting in lieu 
thereof "$1,032"; 
(14) striking out in subsection (n) "$1,099" and inserting in 
lieu thereof "$1,172"; 
(15) striking out in subsections (o) and (p) "$1,231" each time 
it appears and inserting in lieu thereof "$1,312"; 
(16) striking out in subsection (r) "$528" and inserting in lieu 
thereof "$563"; and 
(17) striking out in subsection (s) "$791" and inserting in lieu 
thereof "$843". 
(b) The Administrator of Veterans' Affairs may adjust adminis- Disability 
tratively, consistent with the increases authorized by this section, the compensation, 
rates of disability compensation payable to persons within the pur- adjustment. 
view of section 10 of Public Law 85-857 who are not in receipt of ^^ Vrlr ^^""*^' 
*• 
DO USL note 
prec. 101. 
91 STAT. 1064 
PUBLIC LAW 95-117—OCT. 3, 1977 
compensation payable pursuant to chapter 11 of title 38, United States 
38 use 301 et 
Code. 
seq. 
SEC. 102. Section 315(1) of title 38, United States Code, is amended 
b y -
(1) striking out in subparagraph (A) "$43" and inserting m 
- 
' , 
lieu thereof "$46"; 
' • 
(2) striking out in subparagraph (B) "$72" and inserting in 
lieu thereof "$77"; 
(3) striking out in subparagraph (C) "$92" and inserting in 
lieu thereof "$98" • 
,;,'.'.;' ; 
(4) striking out in subparagraph (D) "$113" and "$21" and 
inserting in lieu thereof "$120" and "$22", respectively; 
(5) striking out in subparagraph (E) "$28" and inserting in 
• - 
lieu thereof "$30"; 
(6) striking out in subparagraph (F) "$49" and inserting in 
'• 
• 
lieu thereof "$52"; 
(7) striking out in subparagraph (G) "$72" and "$21" and 
inserting in lieu thereof "$77" and "$22", respectively; 
(8) striking out in subparagraph (H) "$35" and inserting in 
lieu thereof "$37"; 
(9) striking out in subparagraph (I) "$78" and inserting in 
lieu thereof "$83"; and 
(10) striking out in subparagraph (J) "$66" and inserting in 
lieu thereof "$70". 
TITLE II—SUKVIVOKS 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: 
"Pay grade 
Monthly rate 
Pay grade 
Monthly rate 
E-1 
$277 W-4 
$397 
E-2 
286 0-1 
350 
E-3 
293 0-2 
362 
B-4 
311 0-3 
388 
E-5 
320 0-4 
409 
E-6 
327 0-5 
451 
E-7 
343 0-6 
507 
E-8 
362 0-7 
550 
E-9 
^378 0-8 
602 
W-1 
350 0-9 
647 
W-2 
364 O-IO 
^708 
W-S 
375 
"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 mas-
ter chief petty ofBcer of the Coast Guard, at the applicable time designated by Sec. 402 of 
this title, the surviving spouse's rate shall be $407. 
"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 $759. 
"(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 $33 for each such child. 
PUBLIC LAW 95-117—OCT. 3, 1977 
91 STAT. 1065 
" (c) The monthly rate of dependency and indemnity compensation 
payable to a surviving spouse shall be increased by $83 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.". 
SEC. 202. Section 413 of title 38, LTnited States Code, is amended to 
read as follows: 
"Whenever there is no surviving spouse 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 month!v rates: 
"(1) one child, $140; 
"(2) two children, $201; 
" (3) three children, $259; and 
"(4) more than three children, $259, plus $52 for each child in 
excess of three.". 
SEC. 203. Section 414 of title 38, United States Code, is amended 
b y -
(1) striking out in subsection (a) "$78" and inserting in lieu 
thereof "$83"; 
(2) striking out in subsection (b) "$131" and inserting in lieu 
thereof "$140"; and 
(3) striking out in subsection (c) "$67" and inserting in lieu 
thereof "$71". 
... 
. . , . , . 
- 
,., 
, 
1
1
1 or 
handicapped 
spouse. 
Children. 
Children, 
supplemental 
compensation. 
T I T L E I I I — C L O T H I N G ALLOWANCE 
SEC. 301. Section 362 of title 38, United States Code, is amended by 
striking out "$190" and inserting in lieu thereof "$203". 
T I T L E IV—MISCELLANEOUS P R O V I S I O N S 
SEC. 401. Clause (3) of section 801 of title 38, United States Code, 
is amended to read as follows: 
"(3) due to the loss or loss of use of one lower extremity 
together with (A) residuals of organic disease or injury, or (B) 
the loss or loss of use of one upper extremity, which so affect the 
functions of balance or propulsion as to preclude locomotion with-
out the aid of braces, crutches, canes, or a wheelchair,". 
SEC. 402. (a) Section 3020 of title 38, United States Code, is 
amended by adding at the end thereof the following new subsections: 
"(d) Notwithstanding subsection (a) of this section, pursuant to 
an agreement with the Department of the Treasury under which the 
Administrator certifies such benefits for payment, monetary benefits 
under laws administered by the Veterans' Administration may be paid 
other than by check upon the written request of the ]:)erson to whom 
such benefits are to be paid, if such noncheck payment is determined 
by the Administrator to be in the best interest of such payees and the 
management 
of 
monetary 
benefits 
programs by the 
Veterans' 
Administration. 
"(e) Whenever the first day of any calendar month falls on a Sat-
urday, Sunday, or legal public holiday (as defined in section 6103 of 
title 5), the Administrator shall, to the maximum extent practicable, 
certify benefit payments for such month in such a way that such pay-
ments will be delivered by mail, or transmitted for credit to the payee's 
account pursuant to subsection (d) of this section, on the Friday 
immediately preceding such Saturday or Sunday, or in the case of a 
Veterans eligible 
for assistance. 
Payment of 
benefits, 
delivery. 
91 STAT. 1066 
PUBLIC LAW 95-117—OCT. 3, 1977 
Effective date. 
38 u s e 3020 
note. 
Garnishment. 
Effective date. 
38 u s e 1820 
note. 
38 u s e 314 note. 
legal holiday, the weekday (other than Saturday) immediately pre-
ceding such legal public holiday, notwithstanding that such delivery or 
transmission of such payments is made in the same calendar month for 
which such payments are issued.". 
(b) (1) The catchline of section 3020 of such title is amended to read 
as follows: 
"§3020. Payment of benefits; delivery". 
(2) The table of sections at the beginning of such chapter is amended 
by striking out 
"3020. Payment of benefits by check; delivery." 
and inserting in lieu thereof 
"3020. Payment of benefits; delivery.". 
(c) The amendments made by this section shall be effective on the 
date of enactment of this Act. 
SEC. 403. (a) Section 1820 of title 38, United States Code, is amended 
by inserting before the semicolon in clause (1) of subsection (a) a 
comma and "but nothing in this clause shall be construed as authoriz-
ing garnishment or attachment against the Administrator, the Vet-
erans' Administration, or any of its employees". 
(b) The amendment made by subsection (a) of this section shall be 
effective on the date of enactment of this Act. 
TITLE V—EFFECTIVE DATE PEOVISIONS 
SEC. 501. Except as otherwise provided in this Act, the amendments 
made by this Act to title 38, United States Code, shall become effective 
on October 1, 1977. 
Approved October 3, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-356 (eomm. on Veterans' Affairs). 
SENATE REPORT No. 95-412 (Coram, on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
May 23, considered and passed House. 
Sept. 9, considered and passed Senate, amended. 
Sept. 21, House agreed to Senate amendment with amendments; Senate agreed to 
House amendments.