Prior section 1521 was renumbered section 3121 of this title.
2021—Subsec. (j). Pub. L. 116–283 substituted “air, or space service” for “or air service” in introductory provisions.
2012—Subsec. (f)(2). Pub. L. 112–154 substituted “$32,433” for “$30,480”.
2010—Subsec. (b). Pub. L. 111–275, § 608(a)(1), substituted “$11,830” for “$3,550”.
Subsec. (c). Pub. L. 111–275, § 608(a)(2), substituted “$15,493” for “$4,651” and “$2,020” for “$600”.
Subsec. (d)(1). Pub. L. 111–275, § 608(a)(3)(A), substituted “$19,736” for “$5,680”.
Subsec. (d)(2). Pub. L. 111–275, § 608(a)(3)(B), substituted “$23,396” for “$6,781” and “$2,020” for “$600”.
Subsec. (e). Pub. L. 111–275, § 608(a)(4), substituted “$14,457” for “$4,340”, “$18,120” for “$5,441”, and “$2,020” for “$600”.
Subsec. (f)(1). Pub. L. 111–275, § 608(a)(5)(A), substituted “$15,493” for “$4,651”.
Subsec. (f)(2). Pub. L. 111–275, § 608(a)(5)(B), substituted “$23,396” for “$6,781” and “$30,480” for “$8,911”.
Subsec. (f)(3). Pub. L. 111–275, § 608(a)(5)(C), substituted “$18,120” for “$5,441” and “$20,747” for “$6,231”.
Subsec. (f)(4). Pub. L. 111–275, § 608(a)(5)(D), substituted “$26,018” for “$7,571”.
Subsec. (f)(5). Pub. L. 111–275, § 608(a)(5)(E), substituted “$2,020” for “$600”.
Subsec. (g). Pub. L. 111–275, § 608(a)(6), substituted “$2,686” for “$800”.
2001—Subsec. (f)(1). Pub. L. 107–103 inserted “or the age and service requirements prescribed in section 1513 of this title,” after “of this section,”.
1991—Pub. L. 102–83, § 5(a), renumbered section 521 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 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, § 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, § 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, § 101(2), substituted “$3,770” for “$3,540”.
Subsec. (c)(1). Pub. L. 95–204, § 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, § 101(4), substituted “$5,070” for “$4,760”.
Subsec. (d). Pub. L. 95–204, § 101(5), substituted “$165” for “$155” in pars. (1) and (2).
Subsec. (e). Pub. L. 95–204, § 101(6), substituted “$61” for “$57”.
1976—Subsec. (b)(1). Pub. L. 94–432, § 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, § 202(2), substituted “$3,540” for “$3,300”.
Subsec. (c)(1). Pub. L. 94–432, § 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, § 202(4), substituted “$4,760” for “$4,500”.
Subsec. (d). Pub. L. 94–432, § 202(5), designated existing provisions as par. (1), substituted “$155” for “$133” and added par. (2).
Subsec. (e). Pub. L. 94–432, § 202(6), substituted “$57” for “$53”.
Subsec. (h). Pub. L. 94–432, § 202(7), added subsec. (h).
1975—Subsec. (b). Pub. L. 94–169, § 102(1), increased, effective for period beginning
Subsec. (c). Pub. L. 94–169, § 102(1), increased, effective for period beginning
Subsec. (d). Pub. L. 94–169, § 102(2), substituted, effective for period beginning
Subsec. (e). Pub. L. 94–169, § 102(3), substituted, effective for period beginning
Subsec. (g). Pub. L. 94–169, § 106(18), substituted “such veteran” for “he”.
1974—Subsec. (b). Pub. L. 93–527, § 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, § 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, § 2(3), substituted “$123” for “$110”.
Subsec. (e). Pub. L. 93–527, § 2(4), substituted “$49” for “$44”.
1973—Subsec. (b). Pub. L. 93–177, § 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, § 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, § 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, § 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, § 5(b), inserted reference to Mexican border period.
1970—Pub. L. 91–588, § 9(c)(3), inserted reference to Mexican border period in section catchline.
Subsec. (a). Pub. L. 91–588, § 9(c)(1), inserted reference to Mexican border period.
Subsec. (b). Pub. L. 91–588, § 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, § 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, § 3(b)(1), substituted “$110” for “$100”.
Subsec. (e). Pub. L. 91–588, § 3(b)(2), substituted “44” for “$40”.
Subsec. (g)(1), (2). Pub. L. 91–588, § 9(c)(2), inserted reference to Mexican border period.
1968—Subsec. (b). Pub. L. 90–275, § 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, § 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, § 202(c), inserted reference to Vietnam era in section catchline.
Subsec. (a). Pub. L. 90–77, § 202(a), inserted reference to Vietnam era.
Subsec. (b). Pub. L. 90–77, § 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, § 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, § 104(c), substituted “$40” for “$35”.
Subsec. (g). Pub. L. 90–77, § 202(b), inserted references to Vietnam era in pars. (1) to (3).
1964—Subsec. (b). Pub. L. 88–664, § 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, § 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, § 5, increased additional monthly rate of veterans in need of aid and attendance from $70 to $100.
Subsecs. (e), (f). Pub. L. 88–664, §§ 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, § 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, § 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, § 3(a)(3), added subsecs. (b) to (e). Former subsec. (b) redesignated (f).
Subsec. (f). Pub. L. 86–211, § 3(a)(1), redesignated former subsec. (b) as (f).
Pub. L. 112–154, title V, § 508(b),
Pub. L. 111–275, title VI, § 608(d),
Amendment by Pub. L. 107–103 effective
Amendment by Pub. L. 95–588 effective
Amendment by Pub. L. 95–204 effective
Pub. L. 94–432, title IV, § 405, “(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 [“(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
Pub. L. 94–169, title I, § 102,
Pub. L. 94–169, title I, § 106,
Pub. L. 93–527, § 10,
Pub. L. 93–177, § 8,
Pub. L. 92–198, § 6,
Pub. L. 91–588, § 10, “(a) Sections 1, 2(a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 [see Tables for classification] shall take effect on “(b) Sections 2(d) and 6 [amending sections 415 and 506 [now 1315 and 1506] of this title] shall take effect on
[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
Pub. L. 90–275, § 6, “(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 “(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].”
Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after
Amendment by Pub. L. 88–664 and provisions of section 10 of Pub. L. 88–664, set out as a note below, effective
Pub. L. 87–101, § 2,
Amendment by Pub. L. 86–211 effective
Pub. L. 95–588, title III, § 306, “(a)(1)(A) Except as provided in subparagraph (B), any person who as of “(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 “(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 “(B) the amount prescribed in subsection (f)(1) of section 1521 [formerly 521] of such title (as in effect on 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 “(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 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 “(2)(A) Except as provided in subparagraph (B), any person who as of “(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 “(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 “(c) Any case in which—“(1) a claim for pension is pending in the Veterans’ Administration on “(2) a claim for pension is filed by a veteran after “(3) a claim for pension is filed by a surviving spouse or by a child after shall be adjudicated under title 38, United States Code, as in effect on “(d) In any case in which any person who as of “(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.”
Pub. L. 86–211, § 9,
Pub. L. 105–178, title VIII, § 8206, “(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section 1521.“(2) Section 1536(d)(2).”
Pub. L. 98–543, title III, § 302,
Pub. L. 95–588, title III, § 308,
Pub. L. 90–275, § 3, “(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.]
Pub. L. 90–275, § 4,
Pub. L. 90–275, § 4,
Pub. L. 90–77, title I, § 108(c),
Pub. L. 90–77, title I, § 110, “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.”
Pub. L. 88–664, § 10,