CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE

Title 38 > CHAPTER 15

Sections (31)

§ 1501 Definitions

For the purposes of this chapter— The term “Indian Wars” means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service. The term “World War I” includes, in the case of any veteran, any period of service performed by such veteran after November 11, 1918 , and before July 2, 1921 , if such veteran served in the active military, naval, or air service after April 5, 1917 , and before November 12, 1918 . The term “Civil War veteran” includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term “active military or naval service” includes active service in those forces. The term “period of war” means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress. ( Pub. L. 85–857 , Sept. 2, 1958 , 72 Stat. 1134 , § 501; Pub. L. 94–169, title I, § 106(1) , Dec. 23, 1975 , 89 Stat. 1017 ; Pub. L. 95–588, title I, § 101 , Nov. 4, 1978 , 92 Stat. 2497 ; Pub. L. 102–25, title III, § 333(a) , Apr. 6, 1991 , 105 Stat. 88 ; renumbered § 1501, Pub. L. 102–83, § 5(a) , Aug. 6, 1991 , 105 Stat. 406 .)

§ 1502 Determinations with respect to disability

(a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following: A patient in a nursing home for long-term care because of disability. Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner. Unemployable as a result of disability reasonably certain to continue throughout the life of the person. Suffering from— any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.

(b) For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person 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.

(c) For the purposes of this chapter, 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 disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.

§ 1503 Determinations with respect to annual income

(a) In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except— donations from public or private relief or welfare organizations; payments under this chapter; amounts equal to amounts paid by a spouse of a veteran for the expenses of such veteran’s last illness, and by a surviving spouse or child of a deceased veteran for— such veteran’s just debts, the expenses of such veteran’s last illness, and the expenses of such veteran’s burial to the extent such expenses are not reimbursed under chapter 23 of this title; amounts equal to amounts paid— by a veteran for the last illness and burial of such veteran’s deceased spouse or child, or by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran; payments regarding reimbursements of any kind (including insurance settlement payments) for expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from— any accident (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; any theft or loss (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or any casualty loss (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss; profit realized from the disposition of real or personal property other than in the course of a business; amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner; amounts equal to amounts paid by a veteran, veterans’ spouse, or surviving spouse or by or on behalf of a veteran’s child for unreimbursed medical expenses, to the extent that such amounts exceed 5 percent of the maximum annual rate of pension (including any amount of increased pension payable on account of family members but not including any amount of pension payable because a person is in need of regular aid and attendance or because a person is permanently house­bound) payable to such veteran, surviving spouse, or child; in the case of a veteran or surviving spouse pursuing a course of education or vocational rehabilitation or training, amounts equal to amounts paid by such veteran or surviving spouse for such course of education or vocational rehabilitation or training, including (A) amounts paid for tuition, fees, books, and materials, and (B) in the case of such a veteran or surviving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such amounts exceed the reasonable expenses which would have been incurred by a nondisabled person using an appropriate means of transportation (public transportation, if reasonably available); in the case of a child, any current-work income received during the year, to the extent that the total amount of such income does not exceed an amount equal to the sum of— the lowest amount of gross income for which an income tax return is required under section 6012(a) of the Internal Revenue Code of 1986, to be filed by an individual who is not married (as determined under section 7703 of such Code), is not a surviving spouse (as defined in section 2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and if the child is pursuing a course of postsecondary education or vocational rehabilitation or training, the amount paid by such child for such course of education or vocational rehabilitation or training, including the amount paid for tuition, fees, books, and materials; payment of a monetary amount of up to $5,000 to a veteran from a State or municipality that is paid as a veterans’ benefit due to injury or disease; and lump-sum proceeds of any life insurance policy on a veteran, for purposes of pension under subchapter III of this chapter.

(b) Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar.

§ 1504 Persons heretofore having a pensionable status

The pension benefits of subchapters II and III of this chapter shall, notwithstanding the service requirements of such subchapters, be granted to persons heretofore recognized by law as having a pensionable status. ( Pub. L. 85–857 , Sept. 2, 1958 , 72 Stat. 1134 , § 504; renumbered § 1504, Pub. L. 102–83, § 5(a) , Aug. 6, 1991 , 105 Stat. 406 .)

§ 1505 Payment of pension during confinement in penal institutions

(a) No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual’s imprisonment begins and ending when such individual’s imprisonment ends.

(b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran’s spouse or children the pension which such veteran would receive for that period but for this section.

(c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.

§ 1506 Resource reports and overpayment adjustments

As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary— may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under section 1542 of this title (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such child’s support; may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing— the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support; such applicant’s or recipient’s estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any such spouse or dependent child); and in the case of a surviving child, an estimate for the then current year of the annual income of any person with whom such child is residing who is legally responsible for such child’s support and of any expected increase in the value of the corpus of the estate of such person; shall require that any such applicant or recipient promptly notify the Secretary whenever there is a material change in the annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in the value of the corpus of the estate of such applicant or recipient (or of any such spouse or dependent child), and in the case of a surviving child, a material change in the annual income or value of the corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support; and shall require that any such applicant or recipient applying for or in receipt of increased pension on account of a person who is a spouse or child of such applicant or recipient promptly notify the Secretary if such person ceases to meet the applicable definition of spouse or child. (Added Pub. L. 86–211, § 2(b) , Aug. 29, 1959 , 73 Stat. 432 , § 506; amended Pub. L. 88–664, § 2 , Oct. 13, 1964 , 78 Stat. 1094 ; Pub. L. 91–588, § 6 , Dec. 24, 1970 , 84 Stat. 1584 ; Pub. L. 94–169, title I, § 106(12) –(14), Dec. 23, 1975 , 89 Stat. 1017 ; Pub. L. 95–588, title I, § 103 , Nov. 4, 1978 , 92 Stat. 2498 ; Pub. L. 96–466, title VI, § 605(c)(2) , Oct. 17, 1980 , 94 Stat. 2211 ; renumbered § 1506 and amended Pub. L. 102–83 , §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991 , 105 Stat. 404–406 ; Pub. L. 103–271, § 9(b) , July 1, 1994 , 108 Stat. 743 .)

§ 1507 Disappearance

Where a veteran receiving pension under subchapter II of this chapter disappears, the Secretary may pay the pension otherwise payable to such veteran’s spouse and children. In applying the provisions of this section, the Secretary may presume, without reports pursuant to section 1506(a) of this title , that the status of the veteran at the time of disappearance, with respect to permanent and total disability, income, and net worth, continues unchanged. Payments made to a spouse or child under this section shall not exceed the amount to which each would be entitled if the veteran died of a non-service-connected disability. (Added Pub. L. 89–467, § 1(a) , June 22, 1966 , 80 Stat. 218 , § 507; amended Pub. L. 94–169, title I, § 106(15) , Dec. 23, 1975 , 89 Stat. 1017 ; renumbered § 1507 and amended Pub. L. 102–83 , §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991 , 105 Stat. 404–406 .)

§ 1508 Frequency of payment of pension benefits

(a) Except as provided under subsection (b) of this section, benefits under sections 1521, 1541, and 1542 of this title shall be paid monthly.

(b) Under regulations which the Secretary shall prescribe, benefits under sections 1521, 1541, and 1542 of this title may be paid less frequently than monthly if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under section 1521(b) of this title .

[§ 1510 Vacant]

§ 1511 Indian War veterans

(a) The Secretary shall pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate: $101.59;or$135.45 if the veteran is in need of regular aid and attendance.

(b) A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars— for thirty days or more; or for the duration of such Indian War; in any military organization, whether or not such service was the result of regular muster into the service of the United States, if such service was under the authority or by the approval of the United States or any State.

(c) Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title , and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2). The Secretary shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under section 1521 of this title if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to paragraph (1) of this subsection. Each change in the amount of pension payment required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

§ 1512 Spanish-American War veterans

(a) The Secretary shall pay to each veteran of the Spanish-American War who meets the service requirements of this subsection a pension at the following monthly rate: $101.59;or$135.45 if the veteran is in need of regular aid and attendance. A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service— for ninety days or more during the Spanish-American War; during the Spanish-American War and was discharged or released from such service for a service-connected disability; or for a period of ninety consecutive days or more and such period began or ended during the Spanish-American War. Any veteran eligible for pension under this subsection shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title (except the rate provided under subsection (g) of such section), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable. The Secretary shall pay each month to each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under section 1521 of this title as in effect on December 31, 1978 , under regulations which the Secretary shall prescribe. Each change in the amount of pension payment required by this subparagraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

(b) The Secretary shall pay to each veteran of the Spanish-American War who does not meet the service requirements of subsection (a), but who meets the service requirements of this subsection, a pension at the following monthly rate: $67.73;or$88.04 if the veteran is in need of regular aid and attendance. A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service— for seventy days or more during the Spanish-American War; or for a period of seventy consecutive days or more and such period began or ended during the Spanish-American War.

§ 1513 Veterans 65 years of age and older

(a) The Secretary shall pay to each veteran of a period of war who is 65 years of age or older and who meets the service requirements of section 1521 of this title (as prescribed in subsection (j) of that section) pension at the rates prescribed by section 1521 of this title and under the conditions (other than the permanent and total disability requirement) applicable to pension paid under that section.

(b) If a veteran is eligible for pension under both this section and section 1521 of this title , pension shall be paid to the veteran only under section 1521 of this title .

§ 1521 Veterans of a period of war

(a) The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title .

(b) If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income.

(c) If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493,unlesstheveteranisentitledtopensionattherateprovidedbysubsection(d)(2),(e),or(f)ofthissection.Iftheveteranhastwoormoresuchfamilymembers,suchannualrateshallbeincreasedby$2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members.

(d) If the veteran is in need of regular aid and attendance, the annual rate of pension payable to the veteran under subsection (b) of this section shall be $19,736,reducedbytheamountoftheveteran’sannualincome.Iftheveteranisinneedofregularaidandattendance,theannualrateofpensionpayabletotheveteranundersubsection(c)ofthissectionshallbe$23,396. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members.

(e) If the veteran has a disability rated as permanent and total and (1) has additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of a disability or disabilities, is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to the veteran under subsection (b) of this section shall be $14,457andtheannualrateofpensionpayabletotheveteranundersubsection(c)ofthissectionshallbe$18,120. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the annual income of such family members.

(f) If two veterans are married to one another and each meets the disability and service requirements prescribed in subsections (a) and (j), respectively, of this section, or the age and service requirements prescribed in section 1513 of this title , the annual rate of pension payable to such veterans shall be a combined annual rate of $15,493.Ifeithersuchveteranisinneedofregularaidandattendance,theannualrateprovidedbyparagraph(1)ofthissubsectionshallbe$23,396. If both such veterans are in need of regular aid and attendance, such rate shall be $32,433.Ifeithersuchveteranwouldbeentitled(ifnotmarriedtoaveteran)topensionattherateprovidedbysubsection(e)ofthissection,theannualrateprovidedbyparagraph(1)ofthissubsectionshallbe$18,120. If both such veterans would be entitled (if not married to one another) to such rate, such rate shall be $20,747.Ifonesuchveteranisinneedofregularaidandattendanceandtheotherwouldbeentitled(ifnotmarriedtoaveteran)totherateprovidedforundersubsection(e)ofthissection,theannualrateprovidedbyparagraph(1)ofthissubsectionshallbe$26,018. The annual rate provided by paragraph (1), (2), (3), or (4) of this subsection, as appropriate, shall (A) be increased by $2,020 for each child of such veterans (or of either such veteran) who is in the custody of either or both such veterans or to whose support either such veteran is, or both such veterans are, reasonably contributing, and (B) be reduced by the amount of the annual income of both such veterans and, subject to subsection (h)(1) of this section, the annual income of each such child.

(g) The annual rate of pension payable under subsection (b), (c), (d), (e), or (f) of this section to any veteran who is a veteran of a period of war shall be increased by $2,686 if veterans of such period of war were not provided educational benefits or home loan benefits similar to those provided to veterans of later periods of war under chapters 34 and 37, respectively, of this title or under prior corresponding provisions of law.

(h) For the purposes of this section: In determining the annual income of a veteran, if there is a child of the veteran who is in the custody of the veteran or to whose support the veteran is reasonably contributing, that portion of the annual income of the child that is reasonably available to or for the veteran shall be considered to be income of the veteran, unless in the judgment of the Secretary to do so would work a hardship on the veteran. A veteran shall be considered as living with a spouse, even though they reside apart, unless they are estranged.

(i) If the veteran is entitled under this section to pension on the basis of such veteran’s own service and is also entitled to pension on the basis of any other person’s service, the Secretary shall pay such veteran only the greater benefit.

(j) A veteran meets the service requirements of this section if such veteran served in the active military, naval, air, or space service— for ninety days or more during a period of war; during a period of war and was discharged or released from such service for a service-connected disability; for a period of ninety consecutive days or more and such period began or ended during a period of war; or for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war.

“The Administrator of Veterans’ Affairs shall pay to a veteran who is entitled to pension under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 [formerly set out in a Savings Provision note above] and who— has, in addition to a disability rated as permanent and total, additional disability or disabilities independently ratable at 60 per centum or more, or by reason of his disability or disabilities, is permanently housebound but does not qualify for pension based on need of regular aid and attendance, in lieu of the pension otherwise payable to him, a pension at the monthly rate of $100.”

§ 1522 Net worth limitation

(a) The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran’s spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran’s spouse, and the veteran’s children, it is reasonable that some part of the corpus of such estates be consumed for the veteran’s maintenance.

(b) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child when the corpus of such child’s estate is such that under all the circumstances, including consideration of the veteran’s and spouse’s income, and the income of the veteran’s children, it is reasonable that some part of the corpus of such child’s estate be consumed for the child’s maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran’s child for purposes of this chapter.

§ 1523 Combination of ratings

(a) The Secretary shall provide that, for the purpose of determining whether or not a veteran is permanently and totally disabled, ratings for service-connected disabilities may be combined with ratings for non-service-connected disabilities.

(b) Where a veteran, by virtue of subsection (a), is found to be entitled to a pension under section 1521 of this title , and is entitled to compensation for a service-connected disability, the Secretary shall pay such veteran the greater benefit.

§ 1524 Vocational training for certain pension recipients

(a) In the case of a veteran under age 45 who is awarded a pension during the program period, the Secretary shall, based on information on file with the Department of Veterans Affairs, make a preliminary finding whether such veteran, with the assistance of a vocational training program under this section, has a good potential for achieving employment. If such potential is found to exist, the Secretary shall solicit from the veteran an application for vocational training under this section. If the veteran thereafter applies for such training, the Secretary shall provide the veteran with an evaluation, which may include a personal interview, to determine whether the achievement of a vocational goal is reasonably feasible. If a veteran who is 45 years of age or older and is awarded pension during the program period, or a veteran who was awarded pension before the beginning of the program period, applies for vocational training under this section and the Secretary makes a preliminary finding on the basis of information in the application that, with the assistance of a vocational training program under subsection (b) of this section, the veteran has a good potential for achieving employment, the Secretary shall provide the veteran with an evaluation in order to determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such evaluation shall include a personal interview by a Department employee trained in vocational counseling. For the purposes of this section, the term “program period” means the period beginning on February 1, 1985 , and ending on December 31, 1995 .

(b) If the Secretary, based upon an evaluation under subsection (a) of this section, determines that the achievement of a vocational goal by a veteran is reasonably feasible, the veteran shall be offered and may elect to pursue a vocational training program under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the veteran in order to meet the veteran’s individual needs and shall be set forth in an individualized written plan of vocational rehabilitation of the kind described in section 3107 of this title . Subject to subparagraph (B) of this paragraph, a vocational training program under this subsection shall consist of vocationally oriented services and assistance of the kind provided under chapter 31 of this title and such other services and assistance of the kind provided under that chapter as are necessary to enable the veteran to prepare for and participate in vocational training or employment. A vocational training program under this subsection— may not exceed 24 months unless, based on a determination by the Secretary that an extension is necessary in order for the veteran to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan formulated for the veteran, the Secretary grants an extension for a period not to exceed 24 months; may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment of the kind provided under chapter 39 of this title; and may include a program of education at an institution of higher learning (as defined in sections 3452(b) and 3452(f), respectively, of this title) only in a case in which the Secretary determines that the program involved is predominantly vocational in content. When a veteran completes a vocational training program under this subsection, the Secretary may provide the veteran with counseling of the kind described in section 3104(a)(2) of this title , placement and postplacement services of the kind described in section 3104(a)(5) of this title , and training of the kind described in section 3104(a)(6) of this title during a period not to exceed 18 months beginning on the date of such completion. A veteran may not begin pursuit of a vocational training program under this subsection after the later of (A) December 31, 1995 , or (B) the end of a reasonable period of time, as determined by the Secretary, following either the evaluation of the veteran under subsection (a) of this section or the award of pension to the veteran as described in subsection (a)(2) of this section. Any determination by the Secretary of such a reasonable period of time shall be made pursuant to regulations which the Secretary shall prescribe.

(c) In the case of a veteran who has been determined to have a permanent and total non-service-connected disability and who, not later than one year after the date the veteran’s eligibility for counseling under subsection (b)(3) of this section expires, secures employment within the scope of a vocational goal identified in the veteran’s individualized written plan of vocational rehabilitation (or in a related field which requires reasonably developed skills and the use of some or all of the training or services furnished the veteran under such plan), the evaluation of the veteran as having a permanent and total disability may not be terminated by reason of the veteran’s capacity to engage in such employment until the veteran first maintains such employment for a period of not less than 12 consecutive months.

(d) A veteran who pursues a vocational training program under subsection (b) of this section shall have the benefit of the provisions of subsection (a) of section 1525 of this title beginning at such time as the veteran’s entitlement to pension is terminated by reason of income from work or training (as defined in subsection (b)(1) of that section) without regard to the date on which the veteran’s entitlement to pension is terminated.

(e) Payments by the Secretary for education, training, and other services and assistance under subsection (b) of this section (other than the services of Department employees) shall be made from the Department appropriations account from which payments for pension are made.

§ 1525 Protection of health-care eligibility

(a) In the case of a veteran whose entitlement to pension is terminated after January 31, 1985 , by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chapter that the veteran would have had if the veteran’s entitlement to pension had not been terminated. Care and services for which such a veteran retains eligibility include, when applicable, drugs and medicines under section 1712(d) of this title .

(b) For purposes of this section, the term “terminated by reason of income from work or training” means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or with gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension.

[§ 1531 Vacant]

§ 1532 Surviving spouses of Civil War veterans

(a) The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate: $40.64ifsuchsurvivingspouseisbelowseventyyearsofage;or$70 if such surviving spouse is seventy years of age or older.

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c) A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore defined under public laws administered by the Veterans’ Administration, or if such veteran was discharged or released from such service upon a surgeon’s certificate of disability.

(d) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran— before June 27, 1905 ; or for one year or more; or for any period of time if a child was born of the marriage, or was born to them before the marriage.

§ 1533 Children of Civil War veterans

Whenever there is no surviving spouse entitled to pension under section 1532 of this title , the Secretary shall pay to the children of each Civil War veteran who met the service requirements of section 1532 of this title a pension at the monthly rate of $73.13foronechild,plus$8.13 for each additional child, with the total amount equally divided. ( Pub. L. 85–857 , Sept. 2, 1958 , 72 Stat. 1137 , § 533; Pub. L. 94–169, title I, § 106(25) , Dec. 23, 1975 , 89 Stat. 1018 ; renumbered § 1533 and amended Pub. L. 102–83 , §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991 , 105 Stat. 404–406 .)

§ 1534 Surviving spouses of Indian War veterans

(a) The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the following monthly rate: $40.64ifsuchsurvivingspouseisbelowseventyyearsofage;or$70 if such surviving spouse is seventy years of age or older.

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran— before March 4, 1917 ; or for one year or more; or for any period of time if a child was born of the marriage, or was born to them before the marriage.

§ 1535 Children of Indian War veterans

Whenever there is no surviving spouse entitled to pension under section 1534 of this title , the Secretary shall pay to the children of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the monthly rate of $73.13foronechild,plus$8.13 for each additional child, with the total amount equally divided. ( Pub. L. 85–857 , Sept. 2, 1958 , 72 Stat. 1137 , § 535; Pub. L. 94–169, title I, § 106(31) , Dec. 23, 1975 , 89 Stat. 1018 ; renumbered § 1535 and amended Pub. L. 102–83 , §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991 , 105 Stat. 404–406 .)

§ 1536 Surviving spouses of Spanish-American War veterans

(a) The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $70,unlesssuchsurvivingspousewasthespouseoftheveteranduringsuchveteran’sserviceintheSpanish-AmericanWar,inwhichcasethemonthlyrateshallbe$75.

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.

(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran— before January 1, 1938 ; or for one year or more; or for any period of time if a child was born of the marriage, or was born to them before the marriage.

(d) Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by section 1541 of this title , and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable. The Secretary shall pay each month to the surviving spouse of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 1 of this title, as in effect on December 31, 1978 ; or (B) that which is payable under section 1541 of this title , as in effect on December 31, 1978 , as increased by such section 544, 1 as in effect on such date, to a surviving spouse of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.

§ 1537 Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under section 1536 of this title , the Secretary shall pay to the children of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $73.13foronechild,plus$8.13 for each additional child, with the total amount equally divided. ( Pub. L. 85–857 , Sept. 2, 1958 , 72 Stat. 1138 , § 537; Pub. L. 94–169, title I, § 106(39) , Dec. 23, 1975 , 89 Stat. 1019 ; renumbered § 1537 and amended Pub. L. 102–83 , §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991 , 105 Stat. 404–406 .)

§ 1541 Surviving spouses of veterans of a period of war

(a) The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title , or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title .

(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $7,933, reduced by the amount of the surviving spouse’s annual income.

(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $10,385.Ifthesurvivingspousehascustodyoftwoormoresuchchildren,theannualpensionrateshallbeincreasedby$2,020 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child.

(d) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $12,681,reducedbytheamountofthesurvivingspouse’sannualincome.Ifasurvivingspousewhoisentitledtopensionundersubsection(c)ofthissectionisinneedofregularaidandattendance,theannualrateofpensionpayabletothesurvivingspouseshallbe$15,128. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $2,020 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the annual income of each such child.

(e) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $9,696andtheannualrateofpensionpayabletosuchsurvivingspouseundersubsection(c)ofthissectionshallbe$12,144. If there are two or more children of the veteran in such surviving spouse’s custody, the annual rate of pension shall be increased by $2,020 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse’s annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension. For purposes of paragraph (1) of this subsection, the requirement of “permanently house­bound” shall be met when the surviving spouse is substantially confined to such surviving spouse’s house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse’s lifetime.

(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran— before (A) December 14, 1944 , in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957 , in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965 , in the case of a surviving spouse of a Korean conflict veteran, (D) May 8, 1985 , in the case of a surviving spouse of a Vietnam era veteran, or (E) January 1, 2001 , in the case of a surviving spouse of a veteran of the Persian Gulf War; for one year or more; or for any period of time if a child was born of the marriage, or was born to them before the marriage.

(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Secretary to do so would work a hardship on the surviving spouse.

(h) As used in this section and section 1542 of this title , the term “veteran” includes a person who has completed at least two years of honorable active military, naval, air, or space service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.

§ 1542 Children of veterans of a period of war

The Secretary shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title , or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 1541 of this title , pension at the annual rate of $2,020,asincreasedfromtimetotimeundersection5312ofthistitleandreducedbytheamountofsuchchild’sannualincome;or,ifsuchchildisresidingwithapersonwhoislegallyresponsibleforsuchchild’ssupport,atanannualrateequaltotheamountbywhichtheappropriateannualrateprovidedundersection1541(c)ofthistitleexceedsthesumoftheannualincomeofsuchchildandsuchperson,butinnoeventmaysuchannualrateofpensionexceedtheamountbywhich$2,020, as increased from time to time under section 5312 of this title , exceeds the annual income of such child. The appropriate annual rate under such section 1541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Secretary shall prescribe. ( Pub. L. 85–857 , Sept. 2, 1958 , 72 Stat. 1138 , § 542; Pub. L. 86–211, § 4 , Aug. 29, 1959 , 73 Stat. 435 ; Pub. L. 88–664, § 4 , Oct. 13, 1964 , 78 Stat. 1095 ; Pub. L. 90–77, title I, § 107 , title II, § 202(g), (h), Aug. 31, 1967 , 81 Stat. 180 , 182; Pub. L. 91–588 , §§ 3(c), 9(e), Dec. 24, 1970 , 84 Stat. 1583 , 1585; Pub. L. 92–198, § 1(f) , Dec. 15, 1971 , 85 Stat. 664 ; Pub. L. 93–177, § 3 , Dec. 6, 1973 , 87 Stat. 695 ; Pub. L. 93–527, § 4 , Dec. 21, 1974 , 88 Stat. 1703 ; Pub. L. 94–169, title I , §§ 101(2)(D), 104, Dec. 23, 1975 , 89 Stat. 1014 , 1016; Pub. L. 94–432, title II, § 204 , Sept. 30, 1976 , 90 Stat. 1371 ; Pub. L. 95–204, title I, § 103 , Dec. 2, 1977 , 91 Stat. 1457 ; Pub. L. 95–588, title I, § 110(a) , Nov. 4, 1978 , 92 Stat. 2504 ; Pub. L. 102–40, title IV, § 402(d)(1) , May 7, 1991 , 105 Stat. 239 ; renumbered § 1542 and amended Pub. L. 102–83 , §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991 , 105 Stat. 404–406 ; Pub. L. 111–275, title VI, § 608(c) , Oct. 13, 2010 , 124 Stat. 2887 .)

§ 1543 Net worth limitation

(a) The Secretary shall deny or discontinue payment of pension to a surviving spouse under section 1541 of this title when the corpus of the estate of the surviving spouse is such that under all the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse’s maintenance. The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child when the corpus of such child’s estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the child’s estate be consumed for the child’s maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the surviving spouse’s child for purposes of this chapter.

(b) The Secretary shall deny or discontinue payment of pension to a child under section 1542 of this title when the corpus of the estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child’s support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estates be consumed for the child’s maintenance.

[§ 1544 Vacant]

[§§ 1560, 1561 Repealed. Pub. L. 113–66, div. A, title V, § 563(c)(1), Dec. 26, 2013, 127 Stat. 768]

§ 1562 Special provisions relating to pension

(a) The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of section 1134a of title 10 , a special pension at the rate described in subparagraph (B), as adjusted from time to time under subsection (e), 1 beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section. The rate described in this subparagraph is equal to the amount of monthly compensation paid to a veteran without dependents under subsection (m) of section 1114 of this title , increased to the next intermediate rate under subsection (p) of such section. Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under section 1134a(d) of title 10 . No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person— for one year or more prior to the veteran’s death; or for any period of time if a child was born of the marriage, or was born to them before the marriage. No special pension shall be paid to a surviving spouse of a person under this section if such surviving spouse is receiving benefits under section 1311 or 1318 of this title.

(b) The receipt of special pension shall not deprive any person of any other pension or other benefit, right, or privilege to which such person is or may hereafter be entitled under any existing or subsequent law. Special pension shall be paid in addition to all other payments under laws of the United States.

(c) Special pension shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatever.

(d) If any person has been awarded more than one medal of honor, or married to more than one person who has been awarded a medal of honor, such person shall not receive more than one special pension.

(e) Effective as of December 1 each year, the Secretary, subject to paragraph (2), shall increase the amount of monthly special pension payable under subsection (a) as of November 30 of such year by the same percentage 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 determination under section 215(i) of that Act ( 42 U.S.C. 415(i) ). The Secretary shall not, under paragraph (1), increase the amount of monthly special pension payable under subsection (a) in a year if such amount was otherwise increased during such year.

(f) The Secretary shall pay, in a lump sum, to each person who is in receipt of special pension payable under paragraph (1) of subsection (a), or under paragraph (2) of such subsection in the case of a posthumous entry on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, 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. For each month of a period referred to in paragraph (1), the amount of special pension payable to a person shall be determined 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.

(g) A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing. Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.