38 USC PART II, CHAPTER 11, SUBCHAPTER V: PEACETIME DEATH COMPENSATION

From Title 38—VETERANS' BENEFITSPART II—GENERAL BENEFITSCHAPTER 11—COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER V—PEACETIME DEATH COMPENSATION

§1141. Basic entitlement

The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, §341; Pub. L. 92–197, §6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94–433, title IV, §404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered §1141, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116–283, div. A, title IX, §926(a)(14), Jan. 1, 2021, 134 Stat. 3830.)

Editorial Notes

Amendments

2021—Pub. L. 116–283 substituted "air, or space service" for "or air service".

1991—Pub. L. 102–83 renumbered section 341 of this title as this section.

1976—Pub. L. 94–433 substituted "spouse" for "widow".

1971—Pub. L. 92–197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.

§1142. Rates of peacetime death compensation

For the purposes of section 1141 of this title, the monthly rates of death compensation payable shall be those specified in section 1122 of this title.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, §342; Pub. L. 93–295, title II, §206(a), May 31, 1974, 88 Stat. 183; renumbered §1142 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

Editorial Notes

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 342 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1141" for "341" and "1122" for "322".

1974—Pub. L. 93–295 substituted "those specified in section 322 of this title" for "equal to 80 per centum of the rates prescribed by section 322 of this title, adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar".

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.

[§1143. Vacant]

Editorial Notes

Codification

Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406, section 343 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, which prescribed conditions under which wartime rates of compensation were payable, was repealed by Pub. L. 93–295, title II, §206(b), title IV, §401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974.