
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 404(a)(2)]
[CITE: 38USC1318]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
                                 DEATHS
 
          SUBCHAPTER II--DEPENDENCY AND INDEMNITY COMPENSATION
 
Sec. 1318. Benefits for survivors of certain veterans rated 
        totally disabled at time of death
        
    (a) The Secretary shall pay benefits under this chapter to the 
surviving spouse and to the children of a deceased veteran described in 
subsection (b) of this section in the same manner as if the veteran's 
death were service connected.
    (b) A deceased veteran referred to in subsection (a) of this section 
is a veteran who dies, not as the result of the veteran's own willful 
misconduct, and who was in receipt of or entitled to receive (or but for 
the receipt of retired or retirement pay was entitled to receive) 
compensation at the time of death for a service-connected disability 
rated totally disabling if--
        (1) the disability was continuously rated totally disabling for 
    a period of 10 or more years immediately preceding death;
        (2) the disability was continuously rated totally disabling for 
    a period of not less than five years from the date of such veteran's 
    discharge or other release from active duty; or
        (3) the veteran was a former prisoner of war who died after 
    September 30, 1999, and the disability was continuously rated 
    totally disabling for a period of not later than one year 
    immediately preceding death.

    (c) Benefits may not be paid under this chapter by reason of this 
section to a surviving spouse of a veteran unless--
        (1) the surviving spouse was married to the veteran for one year 
    or more immediately preceding the veteran's death; or
        (2) a child was born of the marriage or was born to them before 
    the marriage.

    (d) If a surviving spouse or a child receives any money or property 
of value pursuant to an award in a judicial proceeding based upon, or a 
settlement or compromise of, any cause of action for damages for the 
death of a veteran described in subsection (a) of this section, benefits 
under this chapter payable to such surviving spouse or child by virtue 
of this section shall not be paid for any month following a month in 
which any such money or property is received until such time as the 
total amount of such benefits that would otherwise have been payable 
equals the total of the amount of the money received and the fair market 
value of the property received.
    (e) For purposes of sections 1448(d) and 1450(c) of title 10, 
eligibility for benefits under this chapter by virtue of this section 
shall be deemed eligibility for dependency and indemnity compensation 
under section 1311(a) of this title.

(Added Pub. L. 100-687, div. B, title XIV, Sec. 1403(a)(1), Nov. 18, 
1988, 102 Stat. 4130, Sec. 418; amended Pub. L. 101-237, title I, 
Sec. 113, Dec. 18, 1989, 103 Stat. 2065; renumbered Sec. 1318 and 
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 
1991, 105 Stat. 404-406; Pub. L. 106-117, title V, Sec. 501(b), Nov. 30, 
1999, 113 Stat. 1573.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-117, Sec. 501(b)(1), substituted 
``rated totally disabling if--'' for ``that either--'' in introductory 
provisions.
    Subsec. (b)(1). Pub. L. 106-117, Sec. 501(b)(2), inserted ``the 
disability'' after ``(1)'' and struck out ``or'' after ``death;''.
    Subsec. (b)(2). Pub. L. 106-117, Sec. 501(b)(3), substituted ``the 
disability was continuously rated totally disabling'' for ``if so rated 
for a lesser period, was so rated continuously'' and substituted ``; 
or'' for the period at the end.
    Subsec. (b)(3). Pub. L. 106-117, Sec. 501(b)(4), added par. (3).
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 418 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1311(a)'' 
for ``411(a)''.
    1989--Subsec. (c)(1). Pub. L. 101-237 substituted ``one year'' for 
``two years''.
