38 U.S.C. § 1304 — Special provisions relating to surviving spouses
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 91 words · no verdicts yet
A surviving spouse generally cannot receive dependency and indemnity compensation for a veteran who died after December 31, 1956, unless the marriage met one of three timing or child-related conditions.
No dependency and indemnity compensation* may be paid to the surviving spouse* of a veteran* who died after December 31, 1956, unless the spouse* married the veteran (1) before 15 years passed after the service period in which the fatal injury or disease was incurred or aggravated; (2) at least one year before the veteran’s death; or (3) for any length of time if a child* was born during the marriage or was born to them before the marriage.
No dependency and indemnity compensation* shall be paid to the surviving spouse* of a veteran* dying after December 31, 1956, unless such surviving spouse* was married to such veteran—
before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; 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.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 404; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1304, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1127
- 1967Amended · Pub. L. 90-77 · 81 Stat. 178
- 1976Amended · Pub. L. 94-433 · 90 Stat. 1379
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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