(1)A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A)at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or
(B)the veteran is determined for purposes of section
5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
(2)The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
(b) Claims Pending Adjudication.— If a claim for entitlement to compensation or additional compensation under chapter
11 of this title or pension or additional pension under chapter
15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under section
5121 of this title.
1997—Subsec. (b)(2). Pub. L. 105–114substituted “under paragraph (1)” for “under this paragraph” before period at end of first sentence.
1996—Pub. L. 104–275designated existing provisions as subsec. (a) and added subsec. (b).
1991—Pub. L. 102–40renumbered section
3110 of this title as this section and substituted “5110(d)” for “3010(d)”.
1983—Pub. L. 98–160substituted “surviving spouse” for “widow”, and “the death of the veteran” for “his death”.
Effective Date of 1996 Amendment
Section 506(b) ofPub. L. 104–275provided that: “The amendments made by this section [amending this section] shall apply with respect to the death of compensation and pension recipients occurring after December 31, 1996.”
Section effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 ofPub. L. 87–825, set out as an Effective Date of 1962 Amendment note under section
110 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.