United States Code (Last Updated: May 24, 2014) |
Title 38. VETERANS’ BENEFITS |
Part II. GENERAL BENEFITS |
Chapter 15. PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE |
SubChapter II. VETERANS’ PENSIONS |
Level Non-Service-Connected Disability Pension |
§ 1521. Veterans of a period of war
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(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, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate 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. (d) (1) 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, reduced by the amount of the veteran’s annual income. (2) If the veteran is in need of regular aid and attendance, the annual rate of pension payable to the veteran under subsection (c) of this section shall be $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 $14,457 and the annual rate of pension payable to the veteran under subsection (c) of this section shall be $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) (1) 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. (2) If either such veteran is in need of regular aid and attendance, the annual rate provided by paragraph (1) of this subsection shall be $23,396. If both such veterans are in need of regular aid and attendance, such rate shall be $32,433. (3) If either such veteran would be entitled (if not married to a veteran) to pension at the rate provided by subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $18,120. If both such veterans would be entitled (if not married to one another) to such rate, such rate shall be $20,747. (4) If one such veteran is in need of regular aid and attendance and the other would be entitled (if not married to a veteran) to the rate provided for under subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $26,018. (5) 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: (1) 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. (2) 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, or air service— (1) for ninety days or more during a period of war; (2) during a period of war and was discharged or released from such service for a service-connected disability; (3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or (4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war.
Prior Provisions
Prior section 1521 was renumbered section 3121 of this title.
Amendments
2012—Subsec. (f)(2). Pub. L. 112–154 substituted “$32,433” for “$30,480”.
2010—Subsec. (b). Pub. L. 111–275, § 608(a)(1), substituted “$11,830” for “$3,550”.
Subsec. (c). Pub. L. 111–275, § 608(a)(2), substituted “$15,493” for “$4,651” and “$2,020” for “$600”.
Subsec. (d)(1). Pub. L. 111–275, § 608(a)(3)(A), substituted “$19,736” for “$5,680”.
Subsec. (d)(2). Pub. L. 111–275, § 608(a)(3)(B), substituted “$23,396” for “$6,781” and “$2,020” for “$600”.
Subsec. (e). Pub. L. 111–275, § 608(a)(4), substituted “$14,457” for “$4,340”, “$18,120” for “$5,441”, and “$2,020” for “$600”.
Subsec. (f)(1). Pub. L. 111–275, § 608(a)(5)(A), substituted “$15,493” for “$4,651”.
Subsec. (f)(2). Pub. L. 111–275, § 608(a)(5)(B), substituted “$23,396” for “$6,781” and “$30,480” for “$8,911”.
Subsec. (f)(3). Pub. L. 111–275, § 608(a)(5)(C), substituted “$18,120” for “$5,441” and “$20,747” for “$6,231”.
Subsec. (f)(4). Pub. L. 111–275, § 608(a)(5)(D), substituted “$26,018” for “$7,571”.
Subsec. (f)(5). Pub. L. 111–275, § 608(a)(5)(E), substituted “$2,020” for “$600”.
Subsec. (g). Pub. L. 111–275, § 608(a)(6), substituted “$2,686” for “$800”.
2001—Subsec. (f)(1). Pub. L. 107–103 inserted “or the age and service requirements prescribed in section 1513 of this title,” after “of this section,”.
1991—Pub. L. 102–83, § 5(a), renumbered section 521 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–40 substituted “5312” for “3112”.
Subsecs. (h)(1), (i). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1978—Subsec. (a). Pub. L. 95–588 revised pension eligibility requirements to speak in terms of a veteran of any period of war rather than veterans of specifically named wars and inserted reference to periodic pension increases pursuant to section 3112 of this title.
Subsec. (b). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $3,550 for a formula for determining such annual pension based upon the annual income of the veteran, and struck out monthly minimum and maximum pension payments.
Subsec. (c). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $4,651 for a formula for determining such annual pension based upon annual income of the veteran, and inserted provision authorizing an annual pension rate increase of $600 for each family member of the eligible veteran in excess of one.
Subsec. (d). Pub. L. 95–588 substituted $5,680 as annual rate of pension payable to a veteran in need of regular aid and attendance under subsec. (b) of this section and $6,781 as such rate payable to such veteran under subsec. (c) of this section for provision authorizing a rate increase of $165 over and above the rate of pension payable under the applicable subsection in order to determine the rate payable to eligible veterans under this section and revised the method of reducing payments under this section by use of the recipient’s annual income.
Subsec. (e). Pub. L. 95–588 substituted $4,340 as annual rate of pension payable under subsec. (b) of this section for veterans eligible as recipients under this section and $5,441 as such annual rate under subsec. (c) of this section for provision authorizing rate increases of $61 per month for eligible veterans over and above the appropriate rate of pension payment under the applicable subsection, inserted provision authorizing increases of $600 per year in pension rates for recipients with eligible family members in excess of one, and provided for an annual income reduction in the pension rate payable.
Subsec. (f). Pub. L. 95–588 substituted provisions relating to pension payments to veterans married to each other for provisions authorizing the inclusion of a spouse’s annual income reasonably available to an eligible veteran in the computation of the annual income of an eligible veteran.
Subsec. (g). Pub. L. 95–588 substituted provisions authorizing annual pension payment rate increases of $800 per year for eligible veterans who served in periods of war which did not entitle them to educational or home loan benefits similar to those paid veterans of subsequent periods of war for provisions specifying the eligibility service requirements of this section.
Subsec. (h). Pub. L. 95–588 substituted provisions authorizing inclusion of income of a dependent child in custody of recipient veteran in computing annual income of such veteran and authorizing consideration of a veteran and his or her spouse as living together, even though they actually live apart, for provisions authorizing a twenty-five per cent rate increase in pension payments to a veteran who has attained age seventy-eight.
Subsecs. (i), (j). Pub. L. 95–588 added subsecs. (i) and (j).
1977—Subsec. (b)(1). Pub. L. 95–204, § 101(1), increased monthly rate of pension from $185 to $197, and substituted “1,100” for “1,500” in two places, “1,700” for “1,800” in two places, and “3,770” for “3,540”.
Subsec. (b)(3). Pub. L. 95–204, § 101(2), substituted “$3,770” for “$3,540”.
Subsec. (c)(1). Pub. L. 95–204, § 101(3), increased monthly rates of pension from $199 to $212, $204 to $217, and $209 to $222, and substituted “1,000” for “1,100” in two places, “2,000” for “2,400” in two places, “3,000” for “3,100” in two places, “3,200” for “3,500” in two places, “3,600” for “3,700” in two places and “5,070” for “4,760”.
Subsec. (c)(3). Pub. L. 95–204, § 101(4), substituted “$5,070” for “$4,760”.
Subsec. (d). Pub. L. 95–204, § 101(5), substituted “$165” for “$155” in pars. (1) and (2).
Subsec. (e). Pub. L. 95–204, § 101(6), substituted “$61” for “$57”.
1976—Subsec. (b)(1). Pub. L. 94–432, § 202(1), increased monthly rate of pension from $173 to $185 and substituted $700 to $900 for $700 to $1,200, $900 to $1,500 for $1,200 to $1,700, $1,500 to $1,800 for $1,700 to $2,000, and $1,800 to $3,540 for $2,000 to $3,300.
Subsec. (b)(3). Pub. L. 94–432, § 202(2), substituted “$3,540” for “$3,300”.
Subsec. (c)(1). Pub. L. 94–432, § 202(3), increased monthly rate of pension by $13 from $186 to $199, from $191 to $204, and from $196 to $209, of a veteran with 1, 2, and 3 dependents, substituting “he or she” for “such veteran” in three places, substituted $700 to $1100 for $700 to $1,300, $1,100 to $2,400 for $1,300 to $2,800, $2,400 to $3,100 for $2,800 to $3,200, $3,100 to $3,500 for $3,200 to $3,800, and $3,700 to $4,760 for $3,800 to $4,500, and inserted “.07” ranging from $3,500 to $3,700.
Subsec. (c)(3). Pub. L. 94–432, § 202(4), substituted “$4,760” for “$4,500”.
Subsec. (d). Pub. L. 94–432, § 202(5), designated existing provisions as par. (1), substituted “$155” for “$133” and added par. (2).
Subsec. (e). Pub. L. 94–432, § 202(6), substituted “$57” for “$53”.
Subsec. (h). Pub. L. 94–432, § 202(7), added subsec. (h).
1975—Subsec. (b). Pub. L. 94–169, § 102(1), increased, effective for period beginning
Subsec. (c). Pub. L. 94–169, § 102(1), increased, effective for period beginning
Subsec. (d). Pub. L. 94–169, § 102(2), substituted, effective for period beginning
Subsec. (e). Pub. L. 94–169, § 102(3), substituted, effective for period beginning
Subsec. (g). Pub. L. 94–169, § 106(18), substituted “such veteran” for “he”.
1974—Subsec. (b). Pub. L. 93–527, § 2(1), substituted “$160” for “$143”, “$500” for “$800” wherever appearing, “$900” for “$1300” wherever appearing, “$1500” for “$1600” wherever appearing, “$1900” for “$2200” wherever appearing, “$2300” for “$2500” wherever appearing, and “$3000” for “$2600” wherever appearing, and inserted provision that in no event should monthly rate of pension be less than $5.00.
Subsec. (c). Pub. L. 93–527, § 2(2), substituted “$172” for “$154”, “$177” for “$159”, “$182” for “$164”, “$700” for “$800” wherever appearing, “$1800” for “$2600” wherever appearing, “$3000” for “$3200” wherever appearing, “$3500” for “$3700” wherever appearing, and inserted provisions for the reduction by 7 cents for each dollar of annual income in excess of $3800 up to and including $4000, and reduction by 8 cents for each dollar of annual income in excess of $4000 up to and including $4200, and raised maximum income from $3800 to $4200.
Subsec. (d). Pub. L. 93–527, § 2(3), substituted “$123” for “$110”.
Subsec. (e). Pub. L. 93–527, § 2(4), substituted “$49” for “$44”.
1973—Subsec. (b). Pub. L. 93–177, § 1(a), substituted “$143” for “$130”, “$800” for “$1,000”, “$1,300” for “$1,500”, “$1,600” for “$1,800”, and “$2,500” for “$2,600” in existing provisions and inserted provision for a reduction of 8 cents in monthly rate for each $1 of annual income in excess of $2,500 up to and including $2,600.
Subsec. (c). Pub. L. 93–177, § 1(b), substituted “$154” for “$140”, “$159” for “$145”, “$164” for “$150”, “$800” for “$900”, “$2,600” for “$3,200”, and “$3,700” for “$3,800” in existing provisions and inserted provisions for a reduction of 4 cents in monthly rate for each $1 of annual income in excess of $2,600 up to and including $3,200 and for a reduction of 6 cents in monthly rate for each $1 of annual income in excess of $3,700 up to and including $3,800.
1971—Subsec. (b). Pub. L. 92–198, § 1(a), substituted formula for computing monthly pension rates of single veteran providing for a maximum monthly pension for each group within designated income category and for computing each individual’s monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out the income and pension rates, and raised the maximum income from $2300 to $2600.
Subsec. (c). Pub. L. 92–198, § 1(b), substituted formula for computing monthly pension rates of veteran with dependents by providing for maximum monthly pension for each group within designated income category depending on the number of dependents and for computing each individual’s monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out the income and pension rates, and raised the maximum income limit from $3500 to $3800.
Subsec. (g)(3). Pub. L. 92–198, § 5(b), inserted reference to Mexican border period.
1970—Pub. L. 91–588, § 9(c)(3), inserted reference to Mexican border period in section catchline.
Subsec. (a). Pub. L. 91–588, § 9(c)(1), inserted reference to Mexican border period.
Subsec. (b). Pub. L. 91–588, § 1(a), provided new annual income limits to measure monthly pension rates of single veteran by adding minimum income limits of $2,000, $2,100 and $2,200 with maximum limits of $2,100, $2,200 and $2,300 for monthly benefits of $45, $37 and $29, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively by substituting in column II “121” for “$110”, “119” for “108”, “117” for “106”, “115” for “104”, “112” for “100”, “108” for “96”, “104” for “92”, “100” for “88”, “96” for “84”, “92” for “79”, “88” for “75”, “84” for “69” “79” for “63” “75” for “57”, “69” for “51”, “63” for “45”, “57” for “37”, and “51” for “29”.
Subsec. (c). Pub. L. 91–588, § 1(b), provided new annual income limits to measure monthly pension rates of veteran with dependents by adding minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $50, and within existing annual income limits from a maximum of $500 to a maximum of $3,200, as well as in-between limits set out in one-hundred dollar increments, the applicable monthly benefits for each limit was amended, respectively, by substituting in column II (one dependent) “$132” for “$120”, “130” for “118”, “128” for “116”, “126” for “114”, “124” for “112”, “122” for “109”, in column III (two dependents) “$137” for “$125”, “135” for “123, “133” for “121”, “131” for “119”, “129” for “117”, “127” for “114”, in column IV (three or more dependents) “$142” for “$130”, “140” for “128”, “138” for “126”, “136” for “124”, “134” for “122”, “132” for “119”, and in columns II, III, and IV (for any number of dependents) “119” for “107”, “116” for “105”, “113” for “103”, “110” for “101”, “107” for “99”, “104” for “96”, “101” for “93” “99” for “90”, “96” for “87”, “93” for “84”, “90” for “81”, “87” for “78”, “84” for “75”, “81” for “72”, “78” for “69”, “75” for “66”, “72” for “62”, “69” for “58”, “66” for “54”, “62” for “50”, “58” for “42”, and “54” for “34”.
Subsec. (d). Pub. L. 91–588, § 3(b)(1), substituted “$110” for “$100”.
Subsec. (e). Pub. L. 91–588, § 3(b)(2), substituted “44” for “$40”.
Subsec. (g)(1), (2). Pub. L. 91–588, § 9(c)(2), inserted reference to Mexican border period.
1968—Subsec. (b). Pub. L. 90–275, § 1(a), in providing new annual income limits to measure monthly pension rates of single veteran, substituted minimum income limit of $300 for monthly benefit of $110 for former $600 limit for monthly benefit of $104, maximum income limit of $2,000 for monthly benefit of $29 for former $1,800 limit for monthly benefit of $45, and sixteen other in-between limits in one hundred dollar increments from more than $300 to less than $1,900 for monthly benefits of $108–37 for former in-between limit of more than $600 but less than $1,200 for monthly benefit of $79.
Subsec. (c). Pub. L. 90–275, § 1(b), in providing new annual income limits to measure monthly pension rates of veteran with dependents, substituted minimum income limit of $500 for monthly benefit of $120 (one dependent), $125 (two dependents), and $130 (three or more dependents) for former $1,000 limit for monthly benefit of $109 (one dependent), $114 (two dependents), and $119 (three or more dependents), maximum income limit of $3,200 for monthly benefit of $34 (for any number of dependents) for former $3,000 limit for monthly benefit of $50 (for any number of dependents), and twenty-six other in-between limits in one hundred dollar increments from more than $500 to less than $3,100 for monthly benefits of $118 to 42 (one dependent), $123 to 42 (two dependents), and $128 to 42 (three or more dependents) for former in-between limit of more than $1,000 but less than $2,000 for monthly benefit of $84 (for any number of dependents).
1967—Pub. L. 90–77, § 202(c), inserted reference to Vietnam era in section catchline.
Subsec. (a). Pub. L. 90–77, § 202(a), inserted reference to Vietnam era.
Subsec. (b). Pub. L. 90–77, § 104(a), increased monthly pension rate in column II from $100, $75, and $43 to $104, $79,and $45 respectively.
Subsec. (c). Pub. L. 90–77, § 104(b), increased monthly pension rate in column II from $105, $80, and $48 to $109, $84, and $50; column III from $110, $80, and $48 to $114, $84, and $50; and column IV from $115, $80, and $48 to $119, $84, and $50, respectively.
Subsec. (e). Pub. L. 90–77, § 104(c), substituted “$40” for “$35”.
Subsec. (g). Pub. L. 90–77, § 202(b), inserted references to Vietnam era in pars. (1) to (3).
1964—Subsec. (b). Pub. L. 88–664, § 3(a), increased monthly pension rate in column II from $85, $70, and $40 to $100, $75, and $43, respectively.
Subsec. (c). Pub. L. 88–664, § 3(b), increased monthly pension rate in column II from $90, $75, and $45 to $105, $80, and $48; column III from $95, $75, and $45 to $110, $80, and $48; and column IV from $100, $75, and $45 to $115, $80, and $48, respectively.
Subsec. (d). Pub. L. 88–664, § 5, increased additional monthly rate of veterans in need of aid and attendance from $70 to $100.
Subsecs. (e), (f). Pub. L. 88–664, §§ 6(a), 7, added subsec. (e), redesignated former subsec. (e) as (f) and substituted “in excess of whichever is the greater, $1,200 or the total earned income of the spouse,” for “except $1,200 of such income” in par. (1). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 88–664, § 6(a), redesignated former subsec. (f) as (g).
1961—Subsec. (f)(4). Pub. L. 87–101 added par. (4).
1959—Subsec. (a). Pub. L. 86–211, § 3(a)(2), struck out provisions that prescribed amount of monthly pension payable. See subsecs. (b) to (d) of this section.
Subsecs. (b) to (e). Pub. L. 86–211, § 3(a)(3), added subsecs. (b) to (e). Former subsec. (b) redesignated (f).
Subsec. (f). Pub. L. 86–211, § 3(a)(1), redesignated former subsec. (b) as (f).
Effective Date Of Amendment
Pub. L. 112–154, title V, § 508(b),
Pub. L. 111–275, title VI, § 608(d),
Amendment by Pub. L. 107–103 effective
Amendment by Pub. L. 95–588 effective
Amendment by Pub. L. 95–204 effective
Pub. L. 94–432, title IV, § 405,
Pub. L. 94–169, title I, § 102,
Pub. L. 94–169, title I, § 106,
Pub. L. 93–527, § 10,
Pub. L. 93–177, § 8,
Pub. L. 92–198, § 6,
Pub. L. 91–588, § 10,
[In view of the similarity of subject matter covered by amendments made by sections 2(d) and 6 of Pub. L. 91–588, the effective date for the amendment made by section 6 was probably intended by Congress to be
Pub. L. 90–275, § 6,
Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after
Amendment by Pub. L. 88–664 and provisions of section 10 of Pub. L. 88–664, set out as a note below, effective
Pub. L. 87–101, § 2,
Amendment by Pub. L. 86–211 effective
Savings
Pub. L. 95–588, title III, § 306,
Pub. L. 86–211, § 9,
Miscellaneous
Pub. L. 105–178, title VIII, § 8206,
Pub. L. 98–543, title III, § 302,
Pub. L. 95–588, title III, § 308,
Pub. L. 90–275, § 3,
[Provisions of section 3 of Pub. L. 90–275 effective on first day of first calendar month following month of initial payment of increases in monthly insurance benefits provided by Social Security Amendments of 1967 [see Short Title note set out under section 302 of Title 42], see section 6(b) of Pub. L. 90–275, set out as an Effective Date of 1968 Amendment note above.]
Pub. L. 90–275, § 4,
Pub. L. 90–275, § 4,
Pub. L. 90–77, title I, § 108(c),
Pub. L. 90–77, title I, § 110,
Pub. L. 88–664, § 10,