
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: 38USC5111]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                     SUBCHAPTER II--EFFECTIVE DATES
 
Sec. 5111. Commencement of period of payment

    (a) Notwithstanding section 5110 of this title or any other 
provision of law and except as provided in subsection (c) of this 
section, payment of monetary benefits based on an award or an increased 
award of compensation, dependency and indemnity compensation, or pension 
may not be made to an individual for any period before the first day of 
the calendar month following the month in which the award or increased 
award became effective as provided under section 5110 of this title or 
such other provision of law.
    (b)(1) Except as provided in paragraph (2) of this subsection, 
during the period between the effective date of an award or increased 
award as provided under section 5110 of this title or other provision of 
law and the commencement of the period of payment based on such award as 
provided under subsection (a) of this section, an individual entitled to 
receive monetary benefits shall be deemed to be in receipt of such 
benefits for the purpose of all laws administered by the Secretary.
    (2) If any person who is in receipt of retired or retirement pay 
would also be eligible to receive compensation or pension upon the 
filing of a waiver of such pay in accordance with section 5305 of this 
title, such waiver shall not become effective until the first day of the 
month following the month in which such waiver is filed, and nothing in 
this section shall prohibit the receipt of retired or retirement pay for 
any period before such effective date.
    (c)(1) This section shall apply to payments made pursuant to section 
5310 of this title only if the monthly amount of dependency and 
indemnity compensation or pension payable to the surviving spouse is 
greater than the amount of compensation or pension the veteran would 
have received, but for such veteran's death, for the month in which such 
veteran's death occurred.
    (2) In the case of a temporary increase in compensation for 
hospitalization or treatment where such hospitalization or treatment 
commences and terminates within the same calendar month, the period of 
payment shall commence on the first day of such month.
    (d) For the purposes of this section, the term ``award or increased 
award'' means--
        (1) an original or reopened award; or
        (2) an award that is increased because of an added dependent, 
    increase in disability or disability rating, or reduction in income.

(Added Pub. L. 97-253, title IV, Sec. 401(a)(1), Sept. 8, 1982, 96 Stat. 
801, Sec. 3011; amended Pub. L. 98-223, title I, Sec. 113, Mar. 2, 1984, 
98 Stat. 40; renumbered Sec. 5111 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, 
Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)


                               Amendments

    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3011 of 
this title as this section.
    Subsec. (a). Pub. L. 102-40, Sec. 402(d)(1), substituted ``5110'' 
for ``3010'' in two places.
    Subsec. (b)(1). Pub. L. 102-83 substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``5110'' for ``3010''.
    Subsec. (b)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted ``5305'' 
for ``3105''.
    Subsec. (c)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted ``5310'' 
for ``3110''.
    1984--Subsec. (c). Pub. L. 98-223 designated existing provisions as 
par. (1) and added par. (2).


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-223 effective Oct. 1, 1983, see section 114 
of Pub. L. 98-223, set out as a note under section 1112 of this title.


                             Effective Date

    Section 401(b) of Pub. L. 97-253 provided that: ``Section 3011 [now 
5111] of title 38, United States Code, as added by subsection (a), shall 
apply to awards and increased awards the effective dates of which are 
after September 30, 1982.''

                  Section Referred to in Other Sections

    This section is referred to in section 1806 of this title.
