
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 107-103 Section 207(b)(1)]
[CITE: 38USC1521]

 
                      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
 
                Non-Service-Connected Disability Pension
 
Sec. 1521. Veterans of a period of war

    (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 $3,550, 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 $4,651, 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 $600 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 $5,680, 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 $6,781. 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 $600 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 $4,340 and the annual rate of pension payable to 
the veteran under subsection (c) of this section shall be $5,441. 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 
$600 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, the annual rate of pension payable 
to such veterans shall be a combined annual rate of $4,651.
    (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 
$6,781. If both such veterans are in need of regular aid and attendance, 
such rate shall be $8,911.
    (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 $5,441. If both such veterans would be entitled (if not married 
to one another) to such rate, such rate shall be $6,231.
    (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 $7,571.
    (5) The annual rate provided by paragraph (1), (2), (3), or (4) of 
this subsection, as appropriate, shall (A) be increased by $600 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 $800 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.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 521; Pub. L. 86-211, 
Sec. 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 87-101, Sec. 1, July 21, 
1961, 75 Stat. 218; Pub. L. 88-664, Secs. 3(a), (b), 5, 6(a), 7, Oct. 
13, 1964, 78 Stat. 1094, 1095; Pub. L. 90-77, title I, Sec. 104, title 
II, Sec. 202(a)-(c), Aug. 31, 1967, 81 Stat. 179, 182; Pub. L. 90-275, 
Sec. 1(a), (b), Mar. 28, 1968, 82 Stat. 64, 65; Pub. L. 91-588, 
Secs. 1(a), (b), 3(b), 9(c), Dec. 24, 1970, 84 Stat. 1580, 1583, 1584; 
Pub. L. 92-198, Secs. 1(a), (b), 5(b), Dec. 15, 1971, 85 Stat. 663, 664; 
Pub. L. 93-177, Sec. 1(a), (b), Dec. 6, 1973, 87 Stat. 694; Pub. L. 93-
527, Sec. 2, Dec. 21, 1974, 88 Stat. 1702; Pub. L. 94-169, title I, 
Secs. 102, 106(18), Dec. 23, 1975, 89 Stat. 1014, 1018; Pub. L. 94-432, 
title II, Sec. 202, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 95-204, title 
I, Sec. 101, Dec. 2, 1977, 91 Stat. 1455; Pub. L. 95-588, title I, 
Sec. 106(a), Nov. 4, 1978, 92 Stat. 2500; Pub. L. 102-40, title IV, 
Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1521 and 
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 
Stat. 404-406.)


                            Prior Provisions

    Prior section 1521 was renumbered section 3121 of this title.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 521 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 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, Sec. 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, Sec. 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, Sec. 101(2), substituted ``$3,770'' 
for ``$3,540''.
    Subsec. (c)(1). Pub. L. 95-204, Sec. 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, Sec. 101(4), substituted ``$5,070'' 
for ``$4,760''.
    Subsec. (d). Pub. L. 95-204, Sec. 101(5), substituted ``$165'' for 
``$155'' in pars. (1) and (2).
    Subsec. (e). Pub. L. 95-204, Sec. 101(6), substituted ``$61'' for 
``$57''.
    1976--Subsec. (b)(1). Pub. L. 94-432, Sec. 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, Sec. 202(2), substituted ``$3,540'' 
for ``$3,300''.
    Subsec. (c)(1). Pub. L. 94-432, Sec. 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, Sec. 202(4), substituted ``$4,760'' 
for ``$4,500''.
    Subsec. (d). Pub. L. 94-432, Sec. 202(5), designated existing 
provisions as par. (1), substituted ``$155'' for ``$133'' and added par. 
(2).
    Subsec. (e). Pub. L. 94-432, Sec. 202(6), substituted ``$57'' for 
``$53''.
    Subsec. (h). Pub. L. 94-432, Sec. 202(7), added subsec. (h).
    1975--Subsec. (b). Pub. L. 94-169, Sec. 102(1), increased, effective 
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly 
rate of pension from $160 to $173, substituted $500 to $700 for $500 to 
$900, $700 to $1200 for $900 to $1500, $1200 to $1700 for $1500 to 
$1900, $1700 to $2000 for $1900 to $2300, $2000 to $3300 for $2300 to 
$3000 the minimum and maximum income ranges for which the pension rate 
will be reduced by 4, 5, 6, 7 and 8 cents per dollar, respectively, and 
increased from $3000 to $3300 the maximum income in excess of which no 
pension shall be paid.
    Subsec. (c). Pub. L. 94-169, Sec. 102(1), increased, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, from $172 to 
$186, from $177 to $191 and from $182 to $196 the rate of pension of a 
veteran with 1, 2 and 3 dependents, respectively, substituted $700 to 
$1300 for $700 to $1800, $1300 to $2800 for $1800 to $3000, $2800 to 
$3200 for $3000 to $3500, $3200 to $3800 for $3500 to $3800, and $3800 
to $4500 for $4000 to $4200 the minimum and maximum income ranges for 
which the pension rate will be reduced by 3, 4, 5, 6 and 8 cents per 
dollar, respectively, struck out the income range of $3800 to $4000 for 
which the reduction rate is 7 cents per dollar, increased from $4200 to 
$4500 the income in excess of which no pension shall be paid, and 
inserted provision that in no case may the amount of pension be less 
than $5 monthly.
    Subsec. (d). Pub. L. 94-169, Sec. 102(2), substituted, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ``such 
veteran'' for ``him'' and ``$133'' for ``$123''.
    Subsec. (e). Pub. L. 94-169, Sec. 102(3), substituted, effective for 
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, ``such 
veteran's'' for ``his'', ``such veteran'' for ``him'' and ``$53'' for 
``$49''.
    Subsec. (g). Pub. L. 94-169, Sec. 106(18), substituted ``such 
veteran'' for ``he''.
    1974--Subsec. (b). Pub. L. 93-527, Sec. 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, Sec. 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, Sec. 2(3), substituted ``$123'' for 
``$110''.
    Subsec. (e). Pub. L. 93-527, Sec. 2(4), substituted ``$49'' for 
``$44''
    1973--Subsec. (b). Pub. L. 93-177, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 5(b), inserted reference to 
Mexican border period.
    1970--Pub. L. 91-588, Sec. 9(c)(3), inserted reference to Mexican 
border period in section catchline.
    Subsec. (a). Pub. L. 91-588, Sec. 9(c)(1), inserted reference to 
Mexican border period.
    Subsec. (b). Pub. L. 91-588, Sec. 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, Sec. 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, Sec. 3(b)(1), substituted ``$110'' for 
``$100''.
    Subsec. (e). Pub. L. 91-588, Sec. 3(b)(2), substituted ``44'' for 
``$40''.
    Subsec. (g)(1), (2). Pub. L. 91-588, Sec. 9(c)(2), inserted 
reference to Mexican border period.
    1968--Subsec. (b). Pub. L. 90-275, Sec. 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, Sec. 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, Sec. 202(c), inserted reference to Vietnam era 
in section catchline.
    Subsec. (a). Pub. L. 90-77, Sec. 202(a), inserted reference to 
Vietnam era.
    Subsec. (b). Pub. L. 90-77, Sec. 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, Sec. 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, Sec. 104(c), substituted ``$40'' for 
``$35''.
    Subsec. (g). Pub. L. 90-77, Sec. 202(b), inserted references to 
Vietnam era in pars. (1) to (3).
    1964--Subsec. (b). Pub. L. 88-664, Sec. 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, Sec. 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, Sec. 5, increased additional monthly 
rate of veterans in need of aid and attendance from $70 to $100.
    Subsecs. (e), (f). Pub. L. 88-664, Secs. 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, Sec. 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, Sec. 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, Sec. 3(a)(3), added subsecs. 
(b) to (e). Former subsec. (b) redesignated (f).
    Subsec. (f). Pub. L. 86-211, Sec. 3(a)(1), redesignated former 
subsec. (b) as (f).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section 401 
of Pub. L. 95-588, set out as a note under section 101 of this title.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section 302 
of Pub. L. 95-204, set out as a note under section 1122 of this title.


                    Effective Date of 1976 Amendment

    Section 405 of Pub. L. 94-432 provided that:
    ``(a) The provisions of this Act [see Tables for classification], 
other than titles II and III and section 401, shall take effect on the 
date of the enactment of this Act [Sept. 30, 1976].
    ``(b) Titles II and III [see Tables for classification] and section 
401 of this Act [amending section 322 [now 1122] of this title] shall 
take effect January 1, 1977.''


                    Effective Date of 1975 Amendment

    Section 102 of Pub. L. 94-169, as amended by section 101 of Pub. L. 
94-432, eff. Sept. 30, 1976, provided that the amendment made by that 
section is effective Jan. 1, 1976.
    Section 106 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.


                    Effective Date of 1974 Amendment

    Section 10 of Pub. L. 93-527 provided that: ``This Act [see Tables 
for classification] shall take effect on January 1, 1975.''


                    Effective Date of 1973 Amendment

    Section 8 of Pub. L. 93-177 provided that: ``This Act [see Tables 
for classification] shall take effect on January 1, 1974.''


                    Effective Date of 1971 Amendment

    Section 6 of Pub. L. 92-198 provided that: ``This Act [see Tables 
for classification] shall take effect on January 1, 1972.''


                    Effective Date of 1970 Amendment

    Section 10 of Pub. L. 91-588 provided that:
    ``(a) Sections 1, 2(a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 [see 
Tables for classification] shall take effect on January 1, 1971.
    ``(b) Sections 2(d) and 6 [amending sections 415 and 506 [now 1315 
and 1506] of this title] shall take effect on January 1, 1972.''
    [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 
Jan. 1, 1972, as called for in subsec. (b) of section 10 of Pub. L. 91-
588, rather than Jan. 1, 1971, as called for in subsec. (a) of that 
section.]


                    Effective Date of 1968 Amendment

    Section 6 of Pub. L. 90-275 provided that:
    ``(a) The first section and sections 2 and 4 of this Act [amending 
this section and sections 415 and 541 [now 1315 and 1541] of this title 
and enacting provisions set out below] shall take effect on January 1, 
1969.
    ``(b) Sections 3 and 5 of this Act [enacting provisions set out 
below and amending section 3012 [now 5112] of this title] shall take 
effect on the first day of the first calendar month following the month 
of initial payment of increases in monthly insurance benefits provided 
by the Social Security Amendments of 1967 [see Short Title note under 
section 302 of Title 42, the Public Health and Welfare].''


                    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.


                    Effective Date of 1964 Amendment

    Amendment by Pub. L. 88-664 and provisions of section 10 of Pub. L. 
88-664, set out as a note below, effective Jan. 1, 1965, see section 11 
of Pub. L. 88-664, set out as a note under section 1503 of this title.


                    Effective Date of 1961 Amendment

    Section 2 of Pub. L. 87-101 provided that: ``Pension shall not be 
paid for any period prior to the effective date of this Act [July 21, 
1961] to any person whose eligibility for pension is established solely 
by virtue of this Act [amending this section].''


                    Effective Date of 1959 Amendment

    Amendment by Pub. L. 86-211 effective July 1, 1960, see section 10 
of Pub. L. 86-211, set out as an Effective Date note under section 1506 
of this title.


  Savings Provision for Persons Entitled to Pension as of December 31, 
                         1978; Other Provisions

    Section 306 of Pub. L. 95-588, as amended by Pub. L. 102-40, title 
IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L. 102-83, 
Secs. 5(c)(2), 6(c), Aug. 6, 1991, 105 Stat. 406, 407, provided that:
    ``(a)(1)(A) Except as provided in subparagraph (B), any person who 
as of December 31, 1978, is entitled to receive pension under section 
1521, 1541, or 1542 [formerly 521, 541, or 542] of title 38, United 
States Code, may elect to receive pension under such section as in 
effect after such date, subject to the terms and conditions in effect 
with respect to the receipt of such pension. Any such election shall be 
made in such form and manner as the Secretary of Veterans Affairs 
(hereinafter in this section referred to as the `Secretary') may 
prescribe. If pension is paid pursuant to such an election, the election 
shall be irrevocable.
    ``(B) Any veteran eligible to make an election under subparagraph 
(A) who is married to another veteran who is also eligible to make such 
an election may not make such an election unless both such veterans make 
such an election.
    ``(2) Any person eligible to make an election under paragraph (1) 
who does not make such an election shall continue to receive pension at 
the monthly rate being paid to such person on December 31, 1978, subject 
to all provisions of law applicable to basic eligibility for and payment 
of pension under section 1521, 1541, or 1542 [formerly 521, 541, or 
542], as appropriate, of title 38, United States Code, as in effect on 
December 31, 1978, except that--
        ``(A) pension may not be paid to such person if such person's 
    annual income (determined in accordance with section 1503 [formerly 
    503] of title 38, United States Code, as in effect on December 31, 
    1978) exceeds $4,038, in the case of a veteran or surviving spouse 
    without dependents, $5,430, in the case of a veteran or surviving 
    spouse with one or more dependents, or $3,299, in the case of a 
    child; and
        ``(B) the amount prescribed in subsection (f)(1) of section 1521 
    [formerly 521] of such title (as in effect on December 31, 1978) 
    shall be $1,285;
as each such amount is increased from time to time under paragraph (3).
    ``(3) Whenever there is an increase under section 5312 [formerly 
3112] of title 38, United States Code (as added by section 304 of this 
Act), in the maximum annual rates of pension under sections 1521, 1541, 
and 1542 [formerly 521, 541, and 542] of such title, as in effect after 
December 31, 1978, the Secretary shall, effective on the date of such 
increase under such section 5312 [formerly 3112], increase--
        ``(A) the annual income limitations in effect under paragraph 
    (2); and
        ``(B) the amount of income of a veteran's spouse excluded from 
    the annual income of such veteran under section 1521(f)(1) [formerly 
    521(f)(1)] of such title, as in effect on December 31, 1978;
by the same percentage as the percentage by which such maximum annual 
rates under such sections 1521, 1541, and 1542 [formerly 521, 541, and 
542] are increased.
    ``(b)(1) [Subsec. (b)(1) which provided for the repeal, effective 
Jan. 1, 1979, of section 9 of the Veterans' Pension Act of 1959, Pub. L. 
86-211, Sec. 9, Aug. 29, 1959, 73 Stat. 436, has been executed to note 
set out under this section.]
    ``(2)(A) Except as provided in subparagraph (B), any person who as 
of December 31, 1978, is entitled to receive pension under section 9(b) 
of the Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9, Aug. 29, 
1959, 73 Stat. 436 [formerly set out as a note under this section] may 
elect to receive pension under section 1521, 1541, or 1542 [formerly 
521, 541, or 542] of title 38, United States Code, as in effect after 
such date, subject to the terms and conditions in effect with respect to 
the receipt of such pension. Any such election shall be made in such 
form and manner as the Secretary may prescribe. If pension is paid 
pursuant to such an election, the election shall be irrevocable.
    ``(B) Any veteran eligible to make an election under subparagraph 
(A) who is married to another veteran who is also eligible to make such 
an election may not make such an election unless both such veterans make 
such an election.
    ``(3) Any person eligible to make an election under paragraph (2) 
who does not make such an election shall continue to receive pension at 
the monthly rate being paid to such person on December 31, 1978, subject 
to all provisions of law applicable to basic eligibility for and payment 
of pension under section 9(b) of the Veterans' Pension Act of 1959 Pub. 
L. 86-211, Sec. 9(b), Aug. 29, 1959, 73 Stat. 436 [formerly set out 
below], as in effect on December 31, 1978, except that pension may not 
be paid to such person if such person's annual income (determined in 
accordance with the applicable provisions of law, as in effect on 
December 31, 1978) exceeds $3,534, in the case of a veteran or surviving 
spouse without dependents or in the case of a child, or $5,098, in the 
case of a veteran or surviving spouse with one or more dependents, as 
each such amount is increased from time to time under paragraph (4).
    ``(4) Whenever there is an increase under section 5312 [formerly 
3112] of title 38, United States Code (as added by section 304 of this 
Act), in the maximum annual rates of pension under sections 1521, 1541, 
and 1542 [formerly 521, 541, and 542] of such title, as in effect after 
December 31, 1978, the Secretary shall, effective on the date of such 
increase under such section 5312 [formerly 3112], increase the annual 
income limitations in effect under paragraph (3) by the same percentage 
as the percentage by which the maximum annual rates under such sections 
1521, 1542, and 1543 [formerly 521, 542, and 543] are increased.
    ``(c) Any case in which--
        ``(1) a claim for pension is pending in the Veterans' 
    Administration on December 31, 1978;
        ``(2) a claim for pension is filed by a veteran after December 
    31, 1978, and within one year after the date on which such veteran 
    became totally and permanently disabled, if such veteran became 
    totally and permanently disabled before January 1, 1979; or
        ``(3) a claim for pension is filed by a surviving spouse or by a 
    child after December 31, 1978, and within one year after the date of 
    death of the veteran through whose relationship such claim is made, 
    if the death of such veteran occurred before January 1, 1979;
shall be adjudicated under title 38, United States Code, as in effect on 
December 31, 1978. Any benefits determined to be payable as the result 
of the adjudication of such a claim shall be subject to the provisions 
of subsection (a).
    ``(d) In any case in which any person who as of December 31, 1978, 
is entitled to receive pension under section 1521, 1541, or 1542 
[formerly 521, 541, or 542] of title 38, United States Code, or under 
section 9(b) of the Veterans' Pension Act of 1959 Pub. L. 86-211, 6, 
9(b), Aug. 29, 1959, 73 Stat. 436 [formerly set out as a note under this 
section], elects (in accordance with subsection (a)(1) or (b)(2), as 
appropriate) before October 1, 1979, to receive pension under such 
section as in effect after December 31, 1978, the Administrator of 
Veterans' Affairs shall pay to such person an amount equal to the amount 
by which the amount of pension benefits such person would have received 
had such election been made on January 1, 1979, exceeds the amount of 
pension benefits actually paid to such person for the period beginning 
on January 1, 1979, and ending on the date preceding the date of such 
election.
    ``(e) Whenever there is an increase under subsections (a)(3) and 
(b)(4) in the annual income limitations with respect to persons being 
paid pension under subsections (a)(2) and (b)(3), the Secretary shall 
publish such annual income limitations, as increased pursuant to such 
subsections, in the Federal Register at the same time as the material 
required by section 215(i)(2)(D) of the Social Security Act [section 
415(i)(2)(D) of Title 42, The Public Health and Welfare] is published by 
reason of a determination under section 215(i) of such Act.''


                            Savings Provision

    Section 9 of Pub. L. 86-211, which provided (1) that any claim for 
pension which was pending on June 30, 1960, or any claim for death 
pension filed thereafter within one year from the date of death of a 
veteran which occurred prior to July 1, 1960, would be adjudicated under 
this title in effect on June 30, 1960, with respect to the period before 
July 1, 1960, and, except as provided below, under this title, as 
amended by Pub. L. 86-211, thereafter; (2) that nothing in Pub. L. 86-
211 would affect the eligibility of any person receiving pension under 
this title on June 30, 1960, for pension under all applicable provisions 
of this title in effect on that date for such period or periods 
thereafter with respect to which he could qualify under such provisions 
and that this provision would not apply in any case for any period after 
pension was granted, pursuant to application, under this title as 
amended by Pub. L. 86-211; and (3) that provision (2) would not apply to 
those claims within the purview of provision (1) in which it was 
determined that pension was payable for June 30, 1960, was repealed, 
effective Jan. 1, 1979, by section 306(b)(1) of Pub. L. 95-588, set out 
as a note above.


 Increase in Aid and Attendance Rates for Veterans Eligible for Pension

    Pub. L. 105-178, title VIII, Sec. 8206, June 9, 1998, 112 Stat. 494, 
provided that: ``Effective October 1, 1998, the maximum annual rates of 
pension in effect as of September 30, 1998, under the following 
provisions of chapter 15 of title 38, United States Code, are increased 
by $600:
        ``(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section 
    1521.
        ``(2) Section 1536(d)(2).''


  Report to Congressional Committees; Medical Examinations of Certain 
                           Pension Recipients

    Pub. L. 98-543, title III, Sec. 302, Oct. 24, 1984, 98 Stat. 2747, 
directed Administrator of Veterans' Affairs to report to Committees on 
Veterans' Affairs of House of Representatives and Senate not later than 
28 months after Oct. 24, 1984, on results of medical examinations 
conducted on certain individuals awarded pensions under this section as 
permanently and totally disabled by reason of being 65 years of age or 
older or becoming unemployable after age 65.


   Study of Pension Benefits Paid to Persons Residing Outside United 
   States; Transmittal of Report and Recommendations to President and 
                                Congress

    Pub. L. 95-588, title III, Sec. 308, Nov. 4, 1978, 92 Stat. 2510, 
directed Administrator of Veterans' Affairs, in consultation with 
Secretary of State, to carry out a comprehensive study of income 
characteristics of veterans of a period of war, as defined in section 
101(11) of this title, and their survivors residing outside the fifty 
States and the District of Columbia, required submission of a report to 
Congress and President on results of such study not later than Feb. 1, 
1980.


  Pension, Dependency, and Indemnity Compensation; Relation to Social 
                       Security Amendments of 1967

    Section 3 of Pub. L. 90-275 provided that:
    ``(a) If the monthly rate of pension or dependency and indemnity 
compensation payable to a person under title 38, United States Code, 
would be less, solely as a result of an increase in monthly insurance 
benefits provided by the Social Security Amendments of 1967 [see Short 
Title note set out under section 302 of Title 42, The Public Health and 
Welfare], than the monthly rate payable for the month immediately 
preceding the effective date of this Act [see Effective Date of 1968 
Amendment note set out above], the Administrator of Veterans' Affairs 
shall pay the person as follows:
        ``(1) for the balance of calendar year 1968 and during calendar 
    year 1969, at the prior monthly rate;
        ``(2) during the calendar year 1970, at the rate for the next 
    $100 annual income limitation higher than the maximum annual income 
    limitation corresponding to the prior monthly rate; and
        ``(3) during each successive calendar year, at the rate for the 
    next $100 annual income limitation higher than the one applied for 
    the preceding year, until the rate corresponding to actual countable 
    income is reached.
    ``(b) Subsection (a) shall not apply for any period during which 
annual income of such person, exclusive of an increase in monthly 
insurance benefits provided by the Social Security Amendments of 1967 
[see Short Title note set out under section 302 of Title 42], exceeds 
the amount of annual income upon which was based the pension or 
dependency and indemnity compensation payable to the person immediately 
prior to receipt of the increase.''
    [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.]


            Income Restrictions on Pensions; Effective Dates

    Section 4 of Pub. L. 90-275, as amended by Pub. L. 91-588, Sec. 5; 
Pub. L. 92-198, Sec. 4; Pub. L. 93-527, Sec. 6; Pub. L. 94-169, 
Sec. 107; Pub. L. 94-432, Sec. 206; Pub. L. 95-204, Sec. 105, provided 
that: ``The income limitations governing payment of pension under the 
first sentence of section 9(b) of the Veterans' Pension Act of 1959 
[formerly set out in a Savings Provision note above] hereafter shall be 
$3,300 and $4,760 instead of $3,100 and $4,460, respectively.''
    Section 4 of Pub. L. 90-275, as originally enacted, was eff. Jan. 1, 
1969, pursuant to Pub. L. 90-275, Sec. 6(a). Subsequent amendments to 
said section 4 by Pub. L. 91-588, Pub. L. 92-198, and Pub. L. 94-169 
were effective Jan. 1, 1971, Jan. 1, 1972, and for a period beginning 
Jan. 1, 1976 and ending Sept. 30, 1976, respectively. Pub. L. 94-432, 
Secs. 101, 405(b) amended said section 4 of Pub. L. 90-275 and section 
107 of Pub. L. 94-169 to be effective Jan. 1, 1976 and Jan. 1, 1977, 
respectively. Pub. L. 95-204, Sec. 302 amended said section 4 of Pub. L. 
90-275 to be effective Jan. 1, 1978.


 Aid and Attendance Allowance for Widows of Veterans of All Periods of 
                                   War

    Pub. L. 90-77, title I, Sec. 108(c), Aug. 31, 1967, 81 Stat. 180, 
provided that: ``If any widow is entitled to pension under the first 
sentence of section 9(b) of the Veterans' Pension Act of 1959 [formerly 
set out in a Savings Provision note above] and is in need of regular aid 
and attendance, the monthly rate of pension payable to her shall be 
increased by $50.''


                     Pension for Housebound Veterans

    Pub. L. 90-77, title I, Sec. 110, Aug. 31, 1967, 81 Stat. 180, 
provided that: ``The Administrator of Veterans' Affairs shall pay to a 
veteran who is entitled to pension under the first sentence of section 
9(b) of the Veterans' Pension Act of 1959 [formerly set out in a Savings 
Provision note above] and who--
        ``(1) has, in addition to a disability rated as permanent and 
    total, additional disability or disabilities independently ratable 
    at 60 per centum or more, or
        ``(2) by reason of his disability or disabilities, is 
    permanently housebound but does not qualify for pension based on 
    need of regular aid and attendance,
in lieu of the pension otherwise payable to him, a pension at the 
monthly rate of $100.''


                       Retirement Income Exclusion

    Section 10 of Pub. L. 88-664 provided that: ``In computing the 
income of persons whose pension eligibility is subject to the first 
sentence of section 9(b) of the Veterans' Pension Act of 1959 [formerly 
set out in a Savings Provision note above] there shall be excluded 10 
per centum of the amount of payments received under public or private 
retirement, annuity, endowment or similar plans or programs.''


                            Cross References

    Limitations on pension payments to veterans furnished hospital 
treatment, institutional, or domiciliary care by Department of Veterans 
Affairs, see section 5503 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 111, 1506, 1508, 1511, 1512, 
1522, 1523, 1541, 1542, 1710, 1710B, 1722, 1722A, 5123, 5304, 5312, 5503 
of this title; title 42 section 8624.
