FEDERAL · 38 U.S.C. · Chapter 11
Basic entitlement
Current through Pub. L. 119-102
Title 38 — Veterans' Benefits·Ch. 11 — COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH·Subch. V
The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter.
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Related
James R. Cook, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs
318 F.3d 1334 (Federal Circuit, 2003)
Louis Richard, on Behalf of Philogene Richard, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs
161 F.3d 719 (Federal Circuit, 1998)
Mintz v. Brown
6 Vet. App. 277 (Veterans Claims, 1994)
08-04 749
(Board of Veterans' Appeals, 2017)
Source Credit
History
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, §341; Pub. L. 92–197, §6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94–433, title IV, §404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered §1141, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, §926(a)(14), Jan. 1, 2021, 134 Stat. 3830.)
Editorial Notes
Editorial Notes
Amendments
2021—Pub. L. 116–283 substituted "air, or space service" for "or air service".
1991—Pub. L. 102–83 renumbered section 341 of this title as this section.
1976—Pub. L. 94–433 substituted "spouse" for "widow".
1971—Pub. L. 92–197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
Effective Date of 1971 Amendment
Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.
Amendments
2021—Pub. L. 116–283 substituted "air, or space service" for "or air service".
1991—Pub. L. 102–83 renumbered section 341 of this title as this section.
1976—Pub. L. 94–433 substituted "spouse" for "widow".
1971—Pub. L. 92–197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
Effective Date of 1971 Amendment
Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.