
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 311(a)]
[CITE: 38USC1922]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
                          CHAPTER 19--INSURANCE
 
              SUBCHAPTER I--NATIONAL SERVICE LIFE INSURANCE
 
Sec. 1922. Service disabled veterans' insurance

    (a) Any person who is released from active military, naval, or air 
service, under other than dishonorable conditions on or after April 25, 
1951, and is found by the Secretary to be suffering from a disability or 
disabilities for which compensation would be payable if 10 per centum or 
more in degree and except for which such person would be insurable 
according to the standards of good health established by the Secretary, 
shall, upon application in writing made within two years from the date 
service-connection of such disability is determined by the Secretary and 
payment of premiums as provided in this subchapter, be granted insurance 
by the United States against the death of such person occurring while 
such insurance is in force. If such a person is shown by evidence 
satisfactory to the Secretary to have been mentally incompetent during 
any part of the two-year period, application for insurance under this 
section may be filed within two years after a guardian is appointed or 
within two years after the removal of such disability as determined by 
the Secretary, whichever is the earlier date. If the guardian was 
appointed or the removal of the disability occurred before January 1, 
1959, application for insurance under this section may be made within 
two years after that date. Insurance granted under this section shall be 
issued upon the same terms and conditions as are contained in the 
standard policies of National Service Life Insurance except (1) the 
premium rates for such insurance shall be based on the Commissioners 
1941 Standard Ordinary Table of Mortality and interest at the rate of 
2\1/4\ per centum per annum; (2) all cash, loan, paid-up, and extended 
values shall be based upon the Commissioners 1941 Standard Ordinary 
Table of Mortality and interest at the rate of 2\1/4\ per centum per 
annum; (3) all settlements on policies involving annuities shall be 
calculated on the basis of The Annuity Table for 1949, and interest at 
the rate of 2\1/4\ per centum per annum; (4) insurance granted under 
this section shall be on a nonparticipating basis and all premiums and 
other collections therefor shall be credited directly to a revolving 
fund in the Treasury of the United States, and any payments on such 
insurance shall be made directly from such fund. Appropriations to such 
fund are hereby authorized. As to insurance issued under this section, 
waiver of premiums pursuant to section 602(n) of the National Service 
Life Insurance Act of 1940 and section 1912 of this title shall not be 
denied on the ground that the service-connected disability became total 
before the effective date of such insurance.
    (b)(1) Any person who, on or after April 25, 1951, was otherwise 
qualified for insurance under the provisions of section 620 of the 
National Service Life Insurance Act of 1940, or under subsection (a) of 
this section, but who did not apply for such insurance and who is shown 
by evidence satisfactory to the Secretary (A) to have been mentally 
incompetent from a service-connected disability, (i) at the time of 
release from active service, or (ii) during any part of the two-year 
period from the date the service connection of a disability is first 
determined by the Secretary, or (iii) after release from active service 
but is not rated service-connected disabled by the Secretary until after 
death; and (B) to have remained continuously so mentally incompetent 
until date of death; and (C) to have died before the appointment of a 
guardian, or within two years after the appointment of a guardian; shall 
be deemed to have applied for and to have been granted such insurance, 
as of the date of death, in an amount which, together with any other 
United States Government or National Service life insurance in force, 
shall aggregate $10,000. The date to be used for determining whether 
such person was insurable according to the standards of good health 
established by the Secretary, except for the service-connected 
disability, shall be the date of release from active service or the date 
the person became mentally incompetent, whichever is the later.
    (2) Payments of insurance granted under subsection (b)(1) of this 
section shall be made only to the following beneficiaries and in the 
order named--
        (A) to the widow or widower of the insured, if living and while 
    unremarried;
        (B) if no widow or widower entitled thereto, to the child or 
    children of the insured, if living, in equal shares;
        (C) if no widow or widower or child entitled thereto, to the 
    parent or parents of the insured who last bore that relationship, if 
    living, in equal shares.

    (3) No application for insurance payments under this subsection 
shall be valid unless filed with the Secretary within two years after 
the date of death of the insured or before January 1, 1961, whichever is 
the later, and the relationship of the applicant shall be proved as of 
the date of death of the insured by evidence satisfactory to the 
Secretary. Persons shown by evidence satisfactory to the Secretary to 
have been mentally or legally incompetent at the time the right to apply 
for death benefits expires, may make such application at any time within 
one year after the removal of such disability.
    (4) Notwithstanding section 1917 of this title, insurance under this 
subsection shall be payable to the beneficiary determined under 
paragraph (2) of this subsection in a lump sum.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1155, Sec. 722; renumbered 
Sec. 1922 and amended Pub. L. 102-83, Secs. 4(a)(2)(A)(iii)(IV), (D)(i), 
(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403-406; Pub. L. 
102-86, title II, Secs. 201(a), 202(a), Aug. 14, 1991, 105 Stat. 415, 
416; Pub. L. 103-446, title XII, Sec. 1201(i)(2), Nov. 2, 1994, 108 
Stat. 4688.)

                       References in Text

    Section 602(n) of the National Service Life Insurance Act of 1940, 
referred to in subsec. (a), is section 602(n) of act Oct. 8, 1940, ch. 
757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(n) of 
former Title 38, Pensions, Bonuses, and Veterans' Relief, and which was 
repealed and the provisions thereof reenacted as section 712 [now 1912] 
of this title by Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1105.
    Section 620 of the National Service Life Insurance Act of 1940, 
referred to in subsec. (b)(1), is section 620 of act Oct. 8, 1940, ch. 
757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, Sec. 10, 
65 Stat. 36, which enacted section 821 of former Title 38, Pensions, 
Bonuses, and Veterans' Relief, and which was repealed and the provisions 
thereof reenacted as this section by Pub. L. 85-857, Sept. 2, 1958, 72 
Stat. 1105.


                               Amendments

    1994--Subsec. (b)(4). Pub. L. 103-446 substituted ``Notwithstanding 
section 1917 of this title,'' for ``Notwithstanding the provisions of 
section 1917 of this title,''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 722 of this 
title as this section.
    Subsec. (a). Pub. L. 102-86, Sec. 201(a), amended subsec. (a) of 
this section as in effect before the redesignations made by Pub. L. 102-
83, Sec. 5, by substituting ``two years'' for ``one year'' wherever 
appearing and ``two-year'' for ``one-year''.
    Pub. L. 102-83, Sec. 5(c)(1), substituted ``1912'' for ``712''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in four places.
    Pub. L. 102-83, Sec. 4(a)(2)(A)(iii)(IV), substituted ``Secretary'' 
for ``Veterans' Administration'' after first reference to ``determined 
by the''.
    Subsec. (b)(1). Pub. L. 102-86, Sec. 201(a), amended subsec. (b)(1) 
of this section as in effect before the redesignations made by Pub. L. 
102-83, Sec. 5, by substituting ``two-year'' for ``one-year'' and ``two 
years'' for ``one year''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in two places.
    Pub. L. 102-83, Sec. 4(a)(2)(A)(iii)(IV), substituted ``Secretary'' 
for ``Veterans' Administration'' in two places.
    Subsec. (b)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in two places.
    Pub. L. 102-83, Sec. 4(a)(2)(D)(i), substituted ``with the 
Secretary'' for ``in the Veterans' Administration''.
    Subsec. (b)(4). Pub. L. 102-86, Sec. 202(a)(1), amended subsec. (b) 
of this section as in effect before the redesignations made by Pub. L. 
102-83, Sec. 5, by amending par. (4) generally. Prior to amendment, par. 
(4) read as follows: ``Notwithstanding the provisions of section 717 of 
this title, insurance under this subsection shall be payable at the 
election of the first beneficiary in 240 equal monthly installments or 
under the options specified in section 717(b)(3) or (4) of this title. 
Any installments certain of insurance remaining unpaid at the death of 
any beneficiary shall be paid in equal monthly installments in an amount 
equal to the monthly installments paid to the first beneficiary, to the 
person or persons then in being within the classes specified in 
subsection (b)(2) of this section and in the order named.''
    Pub. L. 102-83, Sec. 5(c)(1), amended par. (4) as amended by Pub. L. 
102-86, Sec. 202(a)(1), by substituting ``1917'' for ``717''. See above.
    Subsec. (b)(5). Pub. L. 102-86, Sec. 202(a)(2), amended subsec. (b) 
of this section as in effect before the redesignations by Pub. L. 102-
83, Sec. 5, by striking out par. (5) which read as follows: ``The right 
of any beneficiary to payment of any installments shall be conditioned 
upon his or her being alive to receive such payments. No person shall 
have a vested right to any installment or installments of any such 
insurance and any installments not paid to a beneficiary during such 
beneficiary's lifetime shall be paid to the beneficiary or beneficiaries 
within the permitted class next entitled to priority, as provided in 
subsection (b)(2) of this section. No installments of such insurance 
shall be paid to the heirs or legal representatives as such of the 
insured or of any beneficiary, and if no person within the permitted 
class survives to receive the insurance or any part thereof no payment 
of the unpaid installments shall be made.''


                    Effective Date of 1991 Amendment

    Section 201(b) of Pub. L. 102-86 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to any person who, on or after September 1, 1991, is found by the 
Secretary of Veterans Affairs to be eligible for insurance under section 
722 [now 1922] of title 38, United States Code.''
    Section 202(b) of Pub. L. 102-86 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to deaths occurring before, on, or after the date of the enactment of 
this Act [Aug. 14, 1991]. In the case of insurance under section 722(b) 
[now 1922(b)] of title 38, United States Code, payable by reason of a 
death before the date of the enactment of this Act, the Secretary shall 
pay the remaining balance of such insurance in a lump sum as soon as 
practicable after the date of the enactment of this Act.''


                            Cross References

    Assignment of insurance granted under subsec. (b) of this section 
excepted from general assignment provisions, see section 1918(b) of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 107, 113, 1904, 1912, 1915, 
1918, 1922A of this title.
