38 U.S.C. § 5310 — Payment of benefits for month of death
submitted 64 years ago by Pub. L. 87-825 to r/title-38-VETERANS-BENEFITS · 285 words · no verdicts yet
This section gives a surviving spouse a benefit for the month a veteran dies when the stated compensation or pension conditions are met. It also addresses a pending claim that would have produced a larger payment.
(a)(1) A veteran’s surviving spouse* is entitled to a benefit for the month of the veteran’s death if either: (A) the veteran* was receiving compensation* or pension* under chapter 11 or 15 of this title when the veteran died; or (B) for purposes of section 5121 or 5121A, the veteran is determined to have been entitled to receive that compensation or pension for the month of death.
(a)(2) The benefit equals what the veteran would have received under chapter 11 or 15 for that month if the veteran had not died.
(b) If a claim for compensation or additional compensation under chapter 11, or pension or additional pension under chapter 15, was awaiting decision when the veteran died, and the payment to the surviving spouse* under subsection (a) is smaller than the amount the veteran would have been entitled to after the claim was decided, the difference is treated in the same way as an accrued benefit under section 5121.
A surviving spouse* of a veteran* is entitled to a benefit for the month of the veteran’s death if—
at the time of the veteran’s death, the veteran was receiving compensation* or pension* under chapter 11 or 15 of this title; or
the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse* under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under section 5121 of this title.
Source credit: (Added Pub. L. 87–825, § 4(a), Oct. 15, 1962, 76 Stat. 950, § 3110; amended Pub. L. 98–160, title VII, § 703(3), Nov. 21, 1983, 97 Stat. 1010; renumbered § 5310 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 104–275, title V, § 506(a), Oct. 9, 1996, 110 Stat. 3343; Pub. L. 105–114, title IV, § 401(f), Nov. 21, 1997, 111 Stat. 2294; Pub. L. 112–154, title V, § 507(a), Aug. 6, 2012, 126 Stat. 1194.)
- 1962Enacted · Pub. L. 87-825 · 76 Stat. 950
- 1983Amended · Pub. L. 98-160 · 97 Stat. 1010
- 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
- 1996Amended · Pub. L. 104-275 · 110 Stat. 3343
- 1997Amended · Pub. L. 105-114 · 111 Stat. 2294
- 2012Amended · Pub. L. 112-154 · 126 Stat. 1194
A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-825 on 1962-10-15.
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