
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC5110]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                     SUBCHAPTER II--EFFECTIVE DATES
 
Sec. 5110. Effective dates of awards

    (a) Unless specifically provided otherwise in this chapter, the 
effective date of an award based on an original claim, a claim reopened 
after final adjudication, or a claim for increase, of compensation, 
dependency and indemnity compensation, or pension, shall be fixed in 
accordance with the facts found, but shall not be earlier than the date 
of receipt of application therefor.
    (b)(1) The effective date of an award of disability compensation to 
a veteran shall be the day following the date of the veteran's discharge 
or release if application therefor is received within one year from such 
date of discharge or release.
    (2) The effective date of an award of increased compensation shall 
be the earliest date as of which it is ascertainable that an increase in 
disability had occurred, if application is received within one year from 
such date.
    (3)(A) The effective date of an award of disability pension to a 
veteran described in subparagraph (B) of this paragraph shall be the 
date of application or the date on which the veteran became permanently 
and totally disabled, if the veteran applies for a retroactive award 
within one year from such date, whichever is to the advantage of the 
veteran.
    (B) A veteran referred to in subparagraph (A) of this paragraph is a 
veteran who is permanently and totally disabled and who is prevented by 
a disability from applying for disability pension for a period of at 
least 30 days beginning on the date on which the veteran became 
permanently and totally disabled.
    (c) The effective date of an award of disability compensation by 
reason of section 1151 of this title shall be the date such injury or 
aggravation was suffered if an application therefor is received within 
one year from such date.
    (d)(1) The effective date of an award of death compensation or 
dependency and indemnity compensation for which application is received 
within one year from the date of death shall be the first day of the 
month in which the death occurred.
    (2) The effective date of an award of death pension for which 
application is received within 45 days from the date of death shall be 
the first day of the month in which the death occurred.
    (e)(1) Except as provided in paragraph (2) of this subsection, the 
effective date of an award of dependency and indemnity compensation to a 
child shall be the first day of the month in which the child's 
entitlement arose if application therefor is received within one year 
from such date.
    (2) In the case of a child who is eighteen years of age or over and 
who immediately before becoming eighteen years of age was counted under 
section 1311(b) of this title in determining the amount of the 
dependency and indemnity compensation of a surviving spouse, the 
effective date of an award of dependency and indemnity compensation to 
such child shall be the date the child attains the age of eighteen years 
if application therefor is received within one year from such date.
    (f) An award of additional compensation on account of dependents 
based on the establishment of a disability rating in the percentage 
evaluation specified by law for the purpose shall be payable from the 
effective date of such rating; but only if proof of dependents is 
received within one year from the date of notification of such rating 
action.
    (g) Subject to the provisions of section 5101 of this title, where 
compensation, dependency and indemnity compensation, or pension is 
awarded or increased pursuant to any Act or administrative issue, the 
effective date of such award or increase shall be fixed in accordance 
with the facts found but shall not be earlier than the effective date of 
the Act or administrative issue. In no event shall such award or 
increase be retroactive for more than one year from the date of 
application therefor or the date of administrative determination of 
entitlement, whichever is earlier.
    (h) Where an award of pension has been deferred or pension has been 
awarded at a rate based on anticipated income for a year and the 
claimant later establishes that income for that year was at a rate 
warranting entitlement or increased entitlement, the effective date of 
such entitlement or increase shall be fixed in accordance with the facts 
found if satisfactory evidence is received before the expiration of the 
next calendar year.
    (i) Whenever any disallowed claim is reopened and thereafter allowed 
on the basis of new and material evidence resulting from the correction 
of the military records of the proper service department under section 
1552 of title 10, or the change, correction, or modification of a 
discharge or dismissal under section 1553 of title 10, or from other 
corrective action by competent authority, the effective date of 
commencement of the benefits so awarded shall be the date on which an 
application was filed for correction of the military record or for the 
change, modification, or correction of a discharge or dismissal, as the 
case may be, or the date such disallowed claim was filed, whichever date 
is the later, but in no event shall such award of benefits be 
retroactive for more than one year from the date of reopening of such 
disallowed claim. This subsection shall not apply to any application or 
claim for Government life insurance benefits.
    (j) Where a report or a finding of death of any person in the active 
military, naval, or air service has been made by the Secretary 
concerned, the effective date of an award of death compensation, 
dependency and indemnity compensation, or death pension, as applicable, 
shall be the first day of the month fixed by that Secretary as the month 
of death in such report or finding, if application therefor is received 
within one year from the date such report or finding has been made; 
however, such benefits shall not be payable to any person for any period 
for which such person has received, or was entitled to receive, an 
allowance, allotment, or service pay of the deceased.
    (k) The effective date of the award of benefits to a surviving 
spouse or of an award or increase of benefits based on recognition of a 
child, upon annulment of a marriage shall be the date the judicial 
decree of annulment becomes final if a claim therefor is filed within 
one year from the date the judicial decree of annulment becomes final; 
in all other cases the effective date shall be the date the claim is 
filed.
    (l) The effective date of an award of benefits to a surviving spouse 
based upon a termination of a remarriage by death or divorce, or of an 
award or increase of benefits based on recognition of a child upon 
termination of the child's marriage by death or divorce, shall be the 
date of death or the date the judicial decree or divorce becomes final, 
if an application therefor is received within one year from such 
termination.
    [(m) Repealed. Pub. L. 103-446, title XII, Sec. 1201(i)(8), Nov. 2, 
1994, 108 Stat. 4688.]
    (n) The effective date of the award of any benefit or any increase 
therein by reason of marriage or the birth or adoption of a child shall 
be the date of such event if proof of such event is received by the 
Secretary within one year from the date of the marriage, birth, or 
adoption.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1226, Sec. 3010; Pub. L. 87-
674, Sec. 3, Sept. 19, 1962, 76 Stat. 558; Pub. L. 87-825, Sec. 1, Oct. 
15, 1962, 76 Stat. 948; Pub. L. 91-376, Sec. 7, Aug. 12, 1970, 84 Stat. 
790; Pub. L. 91-584, Sec. 13, Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93-
177, Sec. 6(a), Dec. 6, 1973, 87 Stat. 696; Pub. L. 93-527, Sec. 9(b), 
Dec. 21, 1974, 88 Stat. 1705; Pub. L. 94-71, title I, Sec. 104, Aug. 5, 
1975, 89 Stat. 396; Pub. L. 97-66, title II, Sec. 204(b), Oct. 17, 1981, 
95 Stat. 1029; Pub. L. 98-160, title VII, Sec. 703(1), Nov. 21, 1983, 97 
Stat. 1010; Pub. L. 98-223, title II, Sec. 213(3), Mar. 2, 1984, 98 
Stat. 46; Pub. L. 98-369, div. B, title V, Sec. 2501(a), July 18, 1984, 
98 Stat. 1116; Pub. L. 99-576, title VII, Sec. 701(63), Oct. 28, 1986, 
100 Stat. 3296; renumbered Sec. 5110 and amended Pub. L. 102-40, title 
IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 
102-83, Secs. 4(a)(2)(A)(vi), (b)(4)(B), 5(c)(1), Aug. 6, 1991, 105 
Stat. 403, 405, 406; Pub. L. 103-446, title XII, Sec. 1201(i)(8), Nov. 
2, 1994, 108 Stat. 4688.)


                               Amendments

    1994--Subsec. (m). Pub. L. 103-446 struck out subsec. (m) which read 
as follows: ``The effective date of an award of benefits to a surviving 
spouse based upon termination of actions described in section 103(d)(3) 
of this title shall not be earlier than the date of receipt of 
application therefor filed after termination of such actions and after 
December 31, 1970.''
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3010 of 
this title as this section.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1151'' for 
``351''.
    Subsec. (e)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``1311(b)'' for ``411(b)''.
    Subsec. (g). Pub. L. 102-40, Sec. 402(d)(1), substituted ``5101'' 
for ``3001''.
    Subsec. (j). Pub. L. 102-83, Sec. 4(b)(4)(B), substituted ``that 
Secretary'' for ``the Secretary'' after ``month fixed by''.
    Subsec. (n). Pub. L. 102-83, Sec. 4(a)(2)(A)(vi), substituted 
``Secretary'' for ``Veterans' Administration''.
    1986--Subsec. (b)(1). Pub. L. 99-576 substituted ``the veteran's'' 
for ``his''.
    1984--Subsec. (b)(3)(A). Pub. L. 98-369, Sec. 2501(a)(1), designated 
existing provisions as subpar. (A), inserted ``described in subparagraph 
(B) of this paragraph'' after ``to a veteran'', substituted ``the 
veteran applies for a retroactive award'' for ``an application therefor 
is received'', and added subpar. (B).
    Subsec. (d). Pub. L. 98-369, Sec. 2501(a)(2), designated existing 
provisions as par. (1), substituted ``dependency and indemnity 
compensation for which application is received'' for ``, dependency and 
indemnity compensation, or death pension, where application is 
received'', and added par. (2).
    Subsec. (m). Pub. L. 98-223 substituted ``section'' for 
``subsection''.
    1983--Subsecs. (k) to (m). Pub. L. 98-160 substituted ``surviving 
spouse'' for ``widow'' wherever appearing.
    1981--Subsec. (e). Pub. L. 97-66 designated existing provisions as 
par. (1), substituted ``Except as provided in paragraph (2) of this 
subsection, the'' for ``The'', and added par. (2).
    1975--Subsec. (b)(2), (3). Pub. L. 94-71 added par. (2) and 
redesignated former par. (2) as (3).
    1974--Subsec. (l). Pub. L. 93-527 inserted provisions relating to an 
award or increase of benefits based on recognition of a child upon 
termination of the child's marriage by death or divorce.
    1973--Subsec. (b). Pub. L. 93-177 designated existing provisions as 
par. (1) and added par. (2).
    1970--Subsecs. (l), (m). Pub. L. 91-376 added subsecs. (l) and (m).
    Subsec. (n). Pub. L. 91-584 added subsec. (n).
    1962--Subsec. (a). Pub. L. 87-825 inserted ``based on an original 
claim, a claim reopened after final adjudication, or a claim for 
increase''.
    Subsec. (c). Pub. L. 87-825 added subsec. (c). Former subsec. (c) 
redesignated (d).
    Subsec. (d). Pub. L. 87-825 redesignated former subsec. (c) as (d) 
and substituted first day of month in which the death occurred, for the 
day after the day of death, as the effective date. Former subsec. (d) 
redesignated (e).
    Subsec. (e). Pub. L. 87-825 redesignated former subsec. (d) as (e), 
substituted ``first day of the month'' for ``date'', and struck out 
``the entitlement arose'' after ``from such date.'' Former subsec. (e) 
redesignated (j).
    Subsec. (f). Pub. L. 87-825 added subsec. (f). A prior subsec. (f) 
added by Pub. L. 87-674 was redesignated (k) by Pub. L. 87-825.
    Subsecs. (g) to (i). Pub. L. 87-825 added subsecs. (g) to (i).
    Subsec. (j). Pub. L. 87-825 redesignated former subsec. (e) as (j), 
and substituted ``first day of the month'' for ``day after the date'', 
and ``month of death'' for ``date of death''.
    Subsec. (k). Pub. L. 87-825 redesignated former subsec. (f), added 
by Pub. L. 87-674, as (k).


                    Effective Date of 1984 Amendment

    Section 2501(b) of Pub. L. 98-369 provided that: ``The amendments 
made by subsection (a)(1) [amending this section] and the provisions of 
paragraph (2) of section 3010(d) [now 5110(d)] of title 38, United 
States Code, as added by subsection (a)(2), shall take effect with 
respect to applications that are first received after September 30, 
1984, for benefits under chapter 15 of title 38, United States Code.''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this 
title.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 
of Pub. L. 94-71, set out as a note under section 1114 of this title.


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section 10 
of Pub. L. 93-527, set out as a note under section 1521 of this title.


                    Effective Date of 1973 Amendment

    Section 6(b) of Pub. L. 93-177 provided that: ``Subsection (a) of 
this section [amending this section] shall apply to applications filed 
after its effective date [Jan. 1, 1974], but in no event shall an award 
made thereunder be effective prior to such effective date.''


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-376 effective Jan. 1, 1971, see section 9 of 
Pub. L. 91-376, set out as a note under section 1114 of this title.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-825 effective first day of second calendar 
month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87-825, 
set out as a note under section 110 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1806, 5111, 5310, 6103 of 
this title.
