[Senate Report 111-24]
[From the U.S. Government Publishing Office]
Calendar No. 70
111th Congress Report
SENATE
1st Session 111-24
======================================================================
VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2009
_______
June 4, 2009.--Ordered to be printed
_______
Mr. Akaka, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany S. 407]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs (hereinafter,
``Committee''), to which was referred the bill (S.407) to
increase, effective as of December 1, 2009, the rates of
compensation for veterans with service-connected disabilities
and the rates of dependency and indemnity compensation for the
survivors of certain disabled veterans, and for other purposes,
having considered the same, reports favorably thereon with an
amendment in the nature of a substitute, and recommends that
the bill, as amended, do pass.
Introduction
On February 10, 2009, Committee Chairman Daniel K. Akaka
introduced S.407, a bill to increase, effective as of December
1, 2009, the rates of compensation for veterans with service-
connected disabilities and the rates of dependency and
indemnity compensation for the survivors of certain disabled
veterans, and for other purposes. Committee Ranking Minority
Member Richard Burr is an original cosponsor of S.407, as are
Committee Members John D. Rockefeller IV, Patty Murray, Bernard
Sanders, Sherrod Brown, Jim Webb, Jon Tester, Mark Begich,
Roland Burris, Arlen Specter, Johnny Isakson, Roger F. Wicker,
Mike Johanns, and Lindsey Graham. Senators Frank R. Lautenberg,
Blanche Lincoln, and Olympia J. Snowe were later added as
cosponsors. The bill was referred to the Committee.
Committee Hearing
On April 29, 2009, the Committee held a hearing on
legislation pending before the Committee. Among the measures on
which the Committee received testimony was S.407. Testimony on
S.407, among other bills, was offered by: Bradley G. Mayes,
Director, Compensation and Pension Service, Veterans Benefits
Administration, Department of Veterans Affairs; Raymond C.
Kelley, National Legislative Director, AMVETS; Robert Jackson,
Assistant Director, National Legislative Service, Veterans of
Foreign Wars of the United States; and Ian DePlanque, Assistant
Director, Veterans Affairs and Rehabilitation Commission, The
American Legion.
Committee Meeting
On May 21, 2009, the Committee met in open session to
consider legislation pending before the Committee. Among the
measures so considered was S.407. The Committee voted, without
dissent, to report favorably S.407, as amended, to the Senate.
Summary of the Committee Bill as Reported
The Committee bill contains freestanding provisions that
would require the Secretary of Veterans Affairs to increase,
effective December 1, 2009, the rates of, and limitations on,
certain benefits paid by the Department of Veterans Affairs
(hereinafter, ``VA'') by the same percentage as the cost-of-
living adjustment (hereinafter, ``COLA'') provided to Social
Security recipients and VA pension beneficiaries that become
effective on the same date. The COLA would apply to:
1. basic compensation rates for veterans with
service-connected disabilities and the rates payable
for certain severe disabilities;
2. the allowance for spouses, children, and dependent
parents paid to service-connected disabled veterans
rated 30 percent or more disabled;
3. the annual clothing allowance paid to veterans
whose compensable disability requires the use of a
prosthetic or orthopedic appliance (including a
wheelchair) that tends to tear or wear out clothing or
requires the use of a medication prescribed by a
physician for a service-connected skin condition if the
medication causes irreparable damage to the veteran's
outer garments; and
4. the dependency and indemnity compensation
(hereinafter, ``DIC'') rates paid to:
(a) surviving spouses of veterans whose
deaths were service-connected;
(b) surviving spouses for dependent children
below the age of 18;
(c) surviving spouses who are so disabled
that they need aid and attendance or are
permanently housebound;
(d) surviving spouses covered under section
1318 of title 38, United States Code; and
(e) the children of veterans whose deaths
were service- connected if no surviving spouse
is entitled to DIC, the child is age 18 through
22 and attending an approved educational
institution, or the child is age 18 or over and
became permanently incapable of self-support
prior to reaching age 18.
The Committee bill would also codify benefit rates that
were increased as a result of the Veterans' Compensation Cost-
of-Living Adjustment Act of 2008, Public Law 110-324.
Background and Discussion
A. Disability compensation
The service-connected disability compensation program under
chapter 11 of title 38, United States Code, provides monthly
cash benefits to veterans who have disabilities incurred or
aggravated during active duty in the Armed Forces.
The amount of compensation paid depends on the nature and
severity of the veteran's disability or combination of
disabilities. VA rates compensable disabilities according to
its Schedule for Rating Disabilities on a graduated scale
ranging from 10 to 100 percent, in 10 percent increments. VA
pays higher monthly rates (known as ``special monthly
compensation'') to disabled veterans with certain specific,
very severe disabilities or combinations of disabilities.
According to VA, as set forth in its fiscal year 2010
budget, the department estimates that it will provide
disability compensation to 3,154,217 veterans with service-
connected disabilities in fiscal year 2010. Among the veterans
estimated to receive such compensation are: 1 World War I
veteran; 243,697 World War II veterans; 157,427 Korean-conflict
veterans; 1,058,883 Vietnam-era veterans; 1,070,162 veterans of
the Persian Gulf War era; and 612,172 veterans who served
during peacetime.
A veteran with a disability rated at 30 percent or more may
receive additional compensation on behalf of the veteran's
spouse, children, and dependent parents. These dependents'
allowances are prorated according to the percentage of
disability.
B. Dependency and indemnity compensation
Under chapter 13 of title 38, United States Code, VA pays
DIC to the survivors of servicemembers or veterans who died on
or after January 1, 1957, from a disease or injury incurred or
aggravated during military service. Survivors eligible for DIC
include surviving spouses, unmarried children under the age of
18, children age 18 or older who are permanently incapable of
self-support, children between the ages of 18 and 22 who are
enrolled in school, and certain needy parents. Under section
5312 of title 38, United States Code, parents' DIC rates are
adjusted automatically at the same time and by the same
percentage as Social Security and VA pension benefits.
Surviving spouses, children, and parents who are receiving
death compensation based on deaths before January 1, 1957, may
elect to receive DIC instead of death compensation.
For deaths on or after January 1, 1957, but prior to
January 1, 1993, surviving spouses received DIC at rates
determined by the pay grade (service rank) of the deceased
veteran. For deaths on or after January 1, 1993, DIC is paid at
a flat rate. Surviving spouses currently receive $1,154 per
month and, if the deceased veteran was totally disabled for
eight years prior to death, an additional $246 per month.
Surviving spouses who had been receiving benefits under the
prior DIC program are paid under whichever program will pay the
higher benefit.
A surviving spouse who is so disabled as to be housebound
or in need of regular aid and attendance is eligible to receive
an additional amount. A surviving spouse also may receive
additional allowances on behalf of the veteran's surviving
children.
Children are entitled to DIC if there is no surviving
spouse, if they are 18 years of age or older and became
permanently incapable of self-support before reaching age 18,
or if they are 18 to 22 years old and pursuing an approved
course of education.
Parents of deceased veterans whose incomes are below
statutorily prescribed income thresholds are eligible for DIC
under section 1315 of title 38, United States Code. As
previously noted, parents' DIC rates are adjusted automatically
at the same time and by the same percentage as Social Security
and VA pension benefits.
In its fiscal year 2010 budget, VA estimates that it will
pay DIC benefits to 348,335 survivors, a total that includes
surviving spouses, children, and needy surviving parents.
Under section 1318 of title 38, United States Code, VA pays
benefits at DIC rates to the surviving spouses and children of
veterans whose deaths are not service-connected if the veteran,
immediately prior to his or her death, had been receiving (or
had been entitled to receive) compensation at the 100 percent
rate continuously for 10 or more years or for at least five
years from the date of discharge or release from active duty.
VA also pays DIC benefits to the surviving spouses and children
of veterans who were former prisoners of war who die after
September 30, 1999, and whose deaths were not service-connected
if the veterans had been receiving (or had been entitled to
receive) compensation at the 100 percent rate continuously for
not less than one year preceding death.
Committee bill
The Committee bill would direct VA to compute and provide
increases in the monthly rates of compensation and DIC,
effective December 1, 2009, if appropriate. The rates would be
increased by the same percentage as the Social Security and VA
pension COLA that will take effect on that date. In accordance
with section 8031 of the Balanced Budget Act of 1997 (Public
Law 105-33), amounts of compensation so computed that are not
even multiples of $1 will be rounded down to the next lower
whole dollar amount. In 2003, this provision was extended until
2013 by section 706 of Public Law 108-183.
The increases in DIC would automatically result in
identical percentage increases in benefits paid at DIC rates
under section 1318 of title 38, United States Code, to the
surviving spouses and children of veterans who had a service-
connected disability at the time of death for which they
continuously were rated totally disabled for at least (1) 10
years, (2) five years from the date of discharge from active
duty, or (3) one year if the veteran was a former prisoner of
war who died after September 30, 1999, and whose death was not
service-connected if the veteran had been receiving (or had
been entitled to receive) compensation at the 100 percent rate
continuously for not less than one year preceding death.
Under section 156(e)(1)(A) of Public Law 97-377, the DIC
increases also would automatically result in the same
percentage increases in Social Security benefits that were
terminated by section 2205 of the Omnibus Budget Reconciliation
Act of 1981 (hereinafter, ``OBRA 1981'') (Public Law 97-35).
Prior to OBRA 1981, those Social Security benefits had been
paid to certain surviving spouses of those who died on active
duty or from a service-connected disability on behalf of their
children under 18 and children over age 19 who were secondary-
school students; OBRA 1981 reduced the eligibility cutoff age
from 18 to 16 years old.
Section 314 of Public Law 100-322 amended section 156(a)(1)
of Public Law 97-377, the Further Continuing Appropriations Act
of 1993, to restore the benefits eliminated by OBRA 1981. The
DIC increase also would apply to these restored benefits,
effective December 1, 2000.
The CBO, in its most recent baseline, estimated that there
will be no Social Security COLA affecting fiscal year 2010
payments; the COLA provided for by the Committee bill will
follow accordingly. The actual Social Security COLA could
differ from this estimate. Rather than selecting any particular
percentage adjustment at the time the Committee ordered the
bill reported, the Committee followed its prior practice of
setting the COLA by reference to any Social Security increase.
Congressional Budget Office Cost Estimate
In compliance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate, the Committee, based on
information supplied by the CBO, estimates that enactment of
the Committee bill would, relative to current law, not increase
spending in 2010 or in subsequent years. Enactment of the
Committee bill would not affect the budget of state, local, or
tribal governments.
The cost estimate provided by CBO, setting forth a detailed
breakdown of costs, follows:
Congressional Budget Office,
Washington, DC, June 2, 2009.
Hon. Daniel K. Akaka,
Chairman,
Committee on Veterans' Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 407, the Veterans'
Compensation Cost-of-Living Adjustment Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
S.407--Veterans' Compensation Cost-of-Living Adjustment Act of 2009
S.407 would increase the amounts paid to veterans for
disability compensation and to their survivors for dependency
and indemnity compensation by the same cost-of-living
adjustment (COLA) payable to Social Security recipients. The
increase would take effect on December 1, 2009, and the
resulting adjustment would be rounded to the next lower dollar.
The COLA that would be authorized by this bill is assumed
in CBO's baseline, consistent with section 257 of the Balanced
Budget and Emergency Deficit Control Act, and savings from
rounding it down were achieved by the Balanced Budget Act of
1997 (Public Law 105-33) and extended to 2013 by the Veterans
Benefits Act of 2003 (Public Law 108183). Furthermore, based on
its current economic forecast, CBO does not anticipate a cost-
of-living increase in 2010 for Social Security; thus, CBO
estimates that enacting this bill would have no impact on
spending for those programs.
S.407 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On March 25, 2009, CBO transmitted a cost estimate for H.R.
1513, the Veterans' Compensation Cost-of-Living Adjustment Act
of 2009, as ordered reported by the House Committee on
Veterans' Affairs on March 25, 2009. The two versions of the
legislation are similar and their estimated costs are
identical.
The CBO staff contact for this estimate is Dwayne M.
Wright. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee on Veterans'
Affairs has made an evaluation of the regulatory impact that
would be incurred in carrying out the Committee bill. The
Committee finds that S.407, as amended, would not entail any
regulation of individuals or businesses or result in any impact
on the personal privacy of any individuals and that the
paperwork resulting from enactment would be minimal.
Tabulation of Votes Cast in Committee
In compliance with paragraph 7 of rule XXVI of the Standing
Rules of the Senate, the following is a tabulation of votes
cast in person or by proxy by Members of the Committee on
Veterans' Affairs at its May 21, 2009, meeting. On that date,
the Committee considered and ordered reported S. 407, as
amended, a bill to increase, effective as of December 1, 2009,
the rates of compensation for veterans with service-connected
disabilities and the rates of
dependency and indemnity compensation for survivors of certain
disabled veterans. The Committee bill was agreed to by a vote
of
14 to 0.
----------------------------------------------------------------------------------------------------------------
Yeas Senator Nays
----------------------------------------------------------------------------------------------------------------
X (by proxy) Mr. Rockefeller
X Mrs. Murray
X (by proxy) Mr. Sanders
X Mr. Brown
X Mr. Webb
X Mr. Tester
X Mr. Begich
X Mr. Burris
X (by proxy) Mr. Specter
X Mr. Burr
X Mr. Isakson
X (by proxy) Mr. Wicker
X Mr. Johanns
Mr. Graham
X Mr. Akaka, Chairman
----------------------------------------------------------------------------------------------------------------
14 TALLY 0
----------------------------------------------------------------------------------------------------------------
Agency Report
On April 29, 2009, Bradley G. Mayes, Director, Compensation
and Pension Service, Veterans Benefits Administration,
Department of Veterans Affairs, appeared before the Committee
on Veterans' Affairs and submitted testimony on, among other
things, S.407. Excerpts from this statement are reprinted
below:
STATEMENT OF BRADLEY G. MAYES, DIRECTOR, COMPENSATION AND
PENSION SERVICE, VETERANS BENEFITS ADMINISTRATION, DEPARTMENT
OF VETERANS AFFAIRS
Mr. Chairman and members of the Committee, I am
pleased to be here today to provide the Department of
Veterans Affairs' (VA) views on pending benefits
legislation.
* * * * * * *
S.407, the ``Veterans' Compensation Cost-of-Living
Adjustment Act of 2009,'' would direct the Secretary of
Veterans Affairs to increase administratively the rates
of disability compensation for veterans with service-
connected disabilities, including the additional
amounts authorized for dependents and the clothing
allowance, and of dependency and indemnity compensation
for the survivors of veterans whose deaths are service
related, effective December 1, 2009. The rates of
increase would be the same as the cost-of-living
adjustment that will be provided under current law to
Social Security recipients. The bill would also
authorize VA to adjust the rates of disability
compensation payable under prior laws to persons who
have not received compensation under chapter 11 of
title 38, United States Code.
VA supports a cost-of-living adjustment of this
nature. We believe this legislation is necessary to
ensure the affected benefits against any eroding
effects of inflation. The worthy beneficiaries of these
benefits deserve no less.
* * * * * * *
Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Committee bill, as reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 38--VETERANS' BENEFITS
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
* * * * * * *
Subchapter II--Wartime Disability Compensation
* * * * * * *
SEC. 1114. RATES OF WARTIME DISABILITY COMPENSATION
For the purposes of section 1110 of this title--
(a) if and while the disability is rated 10 percent
the monthly compensation shall be [$117] $123;
(b) if and while the disability is rated 20 percent
the monthly compensation shall be [$230] $243;
(c) if and while the disability is rated 30 percent
the monthly compensation shall be [$356] $376;
(d) if and while the disability is rated 40 percent
the monthly compensation shall be [$512] $541;
(e) if and while the disability is rated 50 percent
the monthly compensation shall be [$728] $770;
(f) if and while the disability is rated 60 percent
the monthly compensation shall be [$921] $974;
(g) if and while the disability is rated 70 percent
the monthly compensation shall be [$1,161] $1,228;
(h)if and while the disability is rated 80 percent
the monthly compensation shall be [$1,349] $1,427;
(i) if and while the disability is rated 90 percent
the monthly compensation shall be [$1,517] $1,604;
(j) if and while the disability is rated as total the
monthly compensation shall be [$2,527] $2,673;
(k) if the veteran, as the result of service-
connected disability, has suffered the anatomical loss
or loss of use of one or more creative organs, or one
foot, or one hand, or both buttocks, or blindness of
one eye, having only light perception, has suffered
complete organic aphonia with constant inability to
communicate by speech, or deafness of both ears, having
absence of air and bone conduction, or, in the case of
a woman veteran, has suffered the anatomical loss of 25
percent or more of tissue from a single breast or both
breasts in combination (including loss by mastectomy or
partial mastectomy) or has received radiation treatment
of breast tissue, the rate of compensation therefor
shall be [$91] $96 per month for each such loss or loss
of use independent of any other compensation provided
in subsections (a) through (j) or subsection (s) of
this section but in no event to exceed [$3,145] $3,327
per month; and in the event the veteran has suffered
one or more of the disabilities heretofore specified in
this subsection, in addition to the requirement for any
of the rates specified in subsections (l) through (n)
of this section, the rate of compensation shall be
increased by [$91] $96 per month for each such loss or
loss of use, but in no event to exceed [$4,412] $4,667
per month;
(l) if the veteran, as the result of service-
connected disability, has suffered the anatomical loss
or loss of use of both feet, or of one hand and one
foot, or is blind in both eyes, with 5/200 visual
acuity or less, or is permanently bedridden or with
such significant disabilities as to be in need of
regular aid and attendance, the monthly compensation
shall be [$3,145] $3,327;
(m) if the veteran, as the result of service-
connected disability, has suffered the anatomical loss
or loss of use of both hands, or of both legs at a
level, or with complications, preventing natural knee
action with prostheses in place, or of one arm and one
leg at levels, or with complications, preventing
natural elbow and knee action with prostheses in place,
or has suffered blindness in both eyes having only
light perception, or has suffered blindness in both
eyes, rendering such veteran so significantly disabled
as to be in need of regular aid and attendance, the
monthly compensation shall be [$3,470] $3,671;
(n) if the veteran, as the result of service-
connected disability, has suffered the anatomical loss
or loss of use of both arms at levels, or with
complications, preventing natural elbow action with
prostheses in place, has suffered the anatomical loss
of both legs so near the hip as to prevent the use of
prosthetic appliances, or has suffered the anatomical
loss of one arm and one leg so near the shoulder and
hip as to prevent the use of prosthetic appliances, or
has suffered the anatomical loss of both eyes, or has
suffered blindness without light perception in both
eyes, the monthly compensation shall be [$3,948]
$4,176;
(o) if the veteran, as the result of service-
connected disability, has suffered disability under
conditions which would entitle such veteran to two or
more of the rates provided in one or more subsections
(l) through (n) of this section, no condition being
considered twice in the determination, or if the
veteran has suffered bilateral deafness (and the
hearing impairment in either one or both ears is
service connected) rated at 60 percent or more
disabling and the veteran has also suffered service-
connected total blindness with 20/200 visual acuity or
less, or if the veteran has suffered service-connected
total deafness in one ear or bilateral deafness (and
the hearing impairment in either one or both ears is
service connected) rated at 40 percent or more
disabling and the veteran has also suffered service-
connected blindness having only light perception or
less, or if the veteran has suffered the anatomical
loss of both arms so near the shoulder as to prevent
the use of prosthetic appliances, the monthly
compensation shall be [$4,412] $4,667;
(p) in the event the veteran's service-connected
disabilities exceed the requirements for any of the
rates prescribed in this section, the Secretary may
allow the next higher rate or an intermediate rate, but
in no event in excess of [$4,412] $4,667. In the event
the veteran has suffered service-connected blindness
with 5/200 visual acuity or less and (1) has also
suffered bilateral deafness (and the hearing impairment
in either one or both ears is service connected) rated
at no less than 30 percent disabling, the Secretary
shall allow the next higher rate, or (2) has also
suffered service-connected total deafness in one ear or
service-connected anatomical loss or loss of use of one
hand or one foot, the Secretary shall allow the next
intermediate rate, but in no event in excess of
[$4,412] $4,667. In the event the veteran has suffered
service-connected blindness, having only light
perception or less, and has also suffered bilateral
deafness (and the hearing impairment in either one or
both ears is service connected) rated at 10 or 20
percent disabling, the Secretary shall allow the next
intermediate rate, but in no event in excess of
[$4,412] $4,667. In the event the veteran has suffered
the anatomical loss or loss of use, or a combination of
anatomical loss and loss of use, of three extremities,
the Secretary shall allow the next higher rate or
intermediate rate, but in no event in excess of
[$4,412] $4,667. Any intermediate rate under this
subsection shall be established at the arithmetic mean,
rounded down to the nearest dollar, between the two
rates concerned;
(r) Subject to section 5503(c) of this title, if any
veteran, otherwise entitled to compensation authorized
under subsection (o) of this section, at the maximum
rate authorized under subsection (p) of this section,
or at the intermediate rate authorized between the
rates authorized under subsections (n) and (o) of this
section and at the rate authorized under subsection (k)
of this section, is in need of regular aid and
attendance, then, in addition to such compensation--
(1) the veteran shall be paid a monthly aid
and attendance allowance at the rate of
[$1,893] $2,002; or
(2) if the veteran, in addition to such need
for regular aid and attendance, is in need of a
higher level of care, such veteran shall be
paid a monthly aid and attendance allowance at
the rate of [$2,820] $2,983, in lieu of the
allowance authorized in clause (1) of this
subsection, if the Secretary finds that the
veteran, in the absence of the provision of
such care, would require hospitalization,
nursing home care, or other residential
institutional care.
For the purposes of clause (2) of this subsection,
need for a higher level of care shall be considered to
be need for personal health-care services provided on a
daily basis in the veteran's home by a person who is
licensed to provide such services or who provides such
services under the regular supervision of a licensed
health-care professional. The existence of the need for
such care shall be determined by a physician employed
by the Department or, in areas where no such physician
is available, by a physician carrying out such function
under contract or fee arrangement based on an
examination by such physician. For the purposes of
section 1134 of this title, such allowance shall be
considered as additional compensation payable for
disability.
(s) If the veteran has a service-connected disability
rated as total, and (1) has additional service-
connected disability or disabilities independently
ratable at 60 percent or more, or, (2) by reason of
such veteran's service-connected disability or
disabilities, is permanently housebound, then the
monthly compensation shall be [$2,829] $2,993. For the
purpose of this subsection, the requirement of
``permanently housebound'' will be considered to have
been met when the veteran is substantially confined to
such veteran's house (ward or clinical areas, if
institutionalized) or immediate premises due to a
service-connected disability or disabilities which it
is reasonably certain will remain throughout such
veteran's lifetime.
SEC. 1115. ADDITIONAL COMPENSATION FOR DEPENDENTS
* * * * * * *
(1) If and while rated totally disabled and--
(A) has a spouse but no child, [$142] $150;
(B) has a spouse and one or more children,
[$245] $259 plus [$71] $75 for each child in
excess of one;
(C) has no spouse but one or more children,
[$96] $101 plus [$71] $75 for each child in
excess of one;
(D) has a parent dependent upon such veteran
for support, then, in addition to the above
amounts, [$114] $120 for each parent so
dependent;
(E) notwithstanding the other provisions of
this paragraph, the monthly payable amount on
account of a spouse who is (i) a patient in a
nursing home or (ii) blind, or so nearly blind
or significantly disabled as to need or require
the regular aid and attendance of another
person, shall be [$271] $286 for a totally
disabled veteran and proportionate amounts for
partially disabled veterans in accordance with
paragraph (2) of this section; and
(F) notwithstanding the other provisions of
this paragraph, the monthly amount payable on
account of each child who has attained the age
of eighteen years and who is pursuing a course
of instruction at an approved educational
institution shall be [$227] $240 for a totally
disabled veteran and proportionate amounts for
partially disabled veterans in accordance with
paragraph (2) of this section.
* * * * * * *
Subchapter VI--General Compensation Provisions
* * * * * * *
SEC. 1162. CLOTHING ALLOWANCE
The Secretary under regulations which the Secretary shall
prescribe, shall pay a clothing allowance of [$677] $716 per
year to each veteran who--
* * * * * * *
CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED
DEATHS
* * * * * * *
Subchapter II--Dependency and Indemnity Compensation
* * * * * * *
SEC. 1311. DEPENDENCY AND INDEMNITY COMPENSATION TO A SURVIVING SPOUSE
(a)(1) Dependency and indemnity compensation shall be paid
to a surviving spouse at the monthly rate of [$1,091] $1,154.
(2) The rate under paragraph (1) shall be increased by
[$233] $246 in the case of the death of a veteran who at the
time of death was in receipt of or was entitled to receive (or
but for the receipt of retired pay or retirement pay was
entitled to receive) compensation for a service-connected
disability that was rated totally disabling for a continuous
period of at least eight years immediately preceding death. In
determining the period of a veteran's disability for purposes
of the preceding sentence, only periods in which the veteran
was married to the surviving spouse shall be considered.
(3) * * *
----------------------------------------------------------------------------------------------------------------
[Pay grade Monthly rate Pay grade Monthly rate
----------------------------------------------------------------------------------------------------------------
[E-1.......................................... $1,091 W-4............................. $1,305
E-2........................................... $1,091 O-1............................. $1,153
E-3........................................... $1,091 O-2............................. $1,191
E-4........................................... $1,091 O-3............................. $1,274
E-5........................................... $1,091 O-4............................. $1,349
E-6........................................... $1,091 O-5............................. $1,485
E-7........................................... $1,129 O-6............................. $1,674
E-8........................................... $1,191 O-7............................. $1,808
E-9........................................... \1\$1,242 O-8............................. $1,985
W-1........................................... $1,153 O-9............................. $2,123
W-2........................................... $1,198 O-10............................ \2\$2,328
W-3........................................... $1,234 ................................ ..............
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[\1\If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master
sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast
Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be
$1,342.
[\2\If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of
the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate
shall be $2,499.]
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Pay grade Monthly rate Pay grade Monthly rate
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E-1........................................... $1,154 W-4............................. $1,380
E-2........................................... $1,154 O-1............................. $1,219
E-3........................................... $1,154 O-2............................. $1,260
E-4........................................... $1,154 O-3............................. $1,347
E-5........................................... $1,154 O-4............................. $1,427
E-6........................................... $1,154 O-5............................. $1,571
E-7........................................... $1,194 O-6............................. $1,771
E-8........................................... $1,260 O-7............................. $1,912
E-9........................................... \1\$1,314 O-8............................. $2,100
W-1........................................... $1,219 O-9............................. $2,246
W-2........................................... $1,267 O-10............................ \2\$2,463
W-3........................................... $1,305 ................................ ..............
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\1\If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master
sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast
Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be
$1,419.
\2\If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army,
Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of
the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate
shall be $2,643.
(b) If there is a surviving spouse with one or more
children below the age of eighteen of a deceased veteran, the
dependency and indemnity compensation paid monthly to the
surviving spouse shall be increased by [$271] $286 for each
such child.
(c) The monthly rate of dependency and indemnity
compensation payable to a surviving spouse shall be increased
by [$271] $286 if the spouse is (1) a patient in a nursing home
or (2) blind, or so nearly blind or significantly disabled as
to need or require the regular aid and attendance of another
person.
(d) The monthly rate of dependency and indemnity
compensation payable to a surviving spouse shall be increased
by [$128] $135 if the surviving spouse is, by reason of
disability, permanently housebound but does not qualify for the
aid and attendance allowance under subsection (c) of this
section. For the purposes of this subsection, the requirement
of ``permanently housebound'' will be considered to have been
met when the surviving spouse is substantially confined to such
surviving spouse's home (ward or clinical areas, if
institutionalized) or immediate premises by reason of a
disability or disabilities which it is reasonably certain will
remain throughout such surviving spouse's lifetime.
* * * * * * *
SEC. 1313. DEPENDENCY AND INDEMNITY COMPENSATION TO CHILDREN
(a) Whenever there is no surviving spouse of a deceased
veteran entitled to dependency and indemnity compensation,
dependency and indemnity compensation shall be paid in equal
shares to the children of the deceased veteran at the following
monthly rates:
(1) one child, [$462] $488;
(2) two children, [$663] $701;
(3) three children, [$865] $915; and
(4) more than three children, [$865] $915, plus
[$165] $174 for each child in excess of three.
* * * * * * *
SEC. 1314. SUPPLEMENTAL DEPENDENCY AND INDEMNITY COMPENSATION TO
CHILDREN
(a) In the case of a child entitled to dependency and
indemnity compensation who has attained the age of eighteen and
who, while under such age, became permanently incapable of
self-support, the dependency and indemnity compensation paid
monthly to such child shall be increased by [$271] $286.
(b) If dependency and indemnity compensation is payable
monthly to a person as a surviving spouse and there is a child
(of such person's deceased spouse) who has attained the age of
eighteen and who, while under such age, became permanently
incapable of self-support, dependency and indemnity
compensation shall be paid monthly to each such child,
concurrently with the payment of dependency and indemnity
compensation to the surviving spouse, in the amount of [$462]
$488.
(c) If dependency and indemnity compensation is payable
monthly to a person as a surviving spouse and there is a child
(of such person's deceased spouse), who has attained the age of
eighteen and who, while under the age of twenty-three, is
pursuing a course of instruction at an educational institution
approved under section 104 of this title, dependency and
indemnity compensation shall be paid monthly to each such
child, concurrently with the payment of dependency and
indemnity compensation to the surviving spouse, in the amount
of [$230] $243.
SEC. 1315. DEPENDENCY AND INDEMNITY COMPENSATION TO PARENTS
(a) * * *
(b)(1) Except as provided in paragraph (4) of this
subsection, if there is only one parent, the monthly rate of
dependency and indemnity compensation paid to such parent shall
be [$163] $569, as increased from time to time under section
5312(b)(1) of this title and reduced by an amount, based upon
the amount of such parent's annual income, determined in
accordance with regulations which the Secretary shall prescribe
under section 5312(b)(2) of this title.
(2) * * *
(3) In no case may dependency and indemnity compensation be
paid under paragraph (1) of this subsection to any parent if
the annual income of such parent exceeds [$4,038] $13,456, as
increased from time to time under section 5312 of this title.
(4) * * *
(c)(1) Except as provided in subsection (d) of this
section, if there are two parents, but they are not living
together, the monthly rate of dependency and indemnity
compensation paid to each such parent shall be [$115] $412, as
increased from time to time under section 5312(b)(1) of this
title and reduced by an amount, based upon the amount of such
parent's annual income, determined in accordance with
regulations which the Secretary shall prescribe under section
5312(b)(2) of this title.
(2) * * *
(3) In no case may dependency and indemnity compensation be
paid under paragraph (1) of this subsection to any parent if
the annual income of such parent exceeds [$4,038] $13,456, as
increased from time to time under section 5312 of this title.
(d)(1) If there are two parents who are living together, or
if a parent has remarried and is living with such parent's
spouse, the monthly rate of dependency and indemnity
compensation paid to such parent shall be [$109] $387, as
increased from time to time under section 5312(b)(1) of this
title and reduced by an amount, based upon the amount of the
combined annual income of the parents or the parent and the
parent's spouse, determined in accordance with regulations
which the Secretary shall prescribe under section 5312(b)(2) of
this title.
(2) * * *
(3) In no case may dependency and indemnity compensation be
paid under this subsection to a parent if the total combined
annual income of the parent and such parent's spouse exceeds
[$5,430] $18,087, as increased from time to time under section
5312 of this title.
* * * * * * *
(g) The monthly rate of dependency and indemnity
compensation payable to a parent shall be increased by [$85]
$308, as increased from time to time under section 5312 of this
title, if such parent is (1) a patient in a nursing home or (2)
blind, or so nearly blind or significantly disabled as to need
or require the regular aid and attendance of another person.