
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1304]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
                                 DEATHS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1304. Special provisions relating to surviving spouses

    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--
        (1) 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
        (2) for one year or more; or
        (3) for any period of time if a child was born of the marriage, 
    or was born to them before the marriage.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1127, Sec. 404; Pub. L. 90-77, 
title I, Sec. 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title 
IV, Sec. 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered 
Sec. 1304, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)


                               Amendments

    1991--Pub. L. 102-83 renumbered section 404 of this title as this 
section.
    1976--Pub. L. 94-433, Sec. 405(4), (5), substituted ``surviving 
spouse'', ``such surviving spouse'', and ``such veteran'' for ``widow'', 
``she'', and ``him'', respectively, in introductory clause and 
``surviving spouses'' for ``widows'' in section catchline.
    1967--Pub. L. 90-77 qualified widow of a veteran for receipt of 
compensation by reducing in par. (2) the requisite marriage period from 
five years to one year and by making her eligible for benefits in par. 
(3) in event of antenuptial birth.


                    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 1967 Amendment

    Amendment by Pub. L. 90-77 effective first day of first calendar 
month which begins more than ten days after Aug. 31, 1967, see section 
405 of Pub. L. 90-77, set out as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 8 sections 1612, 1613, 1622.
