Title 38Veterans' BenefitsRelease 119-73

§1122 Rates of wartime death compensation

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER III— - WARTIME DEATH COMPENSATION › § 1122

Last updated Apr 6, 2026|Official source

Summary

Sets monthly death payments for survivors and dependent parents: a surviving spouse alone gets $87; spouse with one child gets $121 (plus $29 for each extra child); no spouse: one child $67, two children $94 (split), three children $122 (split, plus $23 for each extra child); a dependent parent gets $75 (or $40 each if both). If the spouse or dependent parent is in a nursing home, blind, nearly blind, or so disabled that they need regular help from another person, add $79 per month.

Full Legal Text

Title 38, §1122

Veterans' Benefits — Source: USLM XML via OLRC

(a)The monthly rates of death compensation shall be as follows:
(1)Surviving spouse but no child, $87;
(2)Surviving spouse with one child, $121 (with $29 for each additional child);
(3)No surviving spouse but one child, $67;
(4)No surviving spouse but two children, $94 (equally divided);
(5)No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided);
(6)Dependent parent, $75;
(7)Both dependent parents, $40 each.
(b)The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (b)(2). Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”. 1991—Pub. L. 102–83 renumbered section 322 of this title as this section. 1977—Subsec. (b). Pub. L. 95–204 substituted “$79” for “$74”. 1976—Subsec. (a). Pub. L. 94–433, § 404(13)–(16), substituted “Surviving spouse” for “Widow” in pars. (1) and (2); “surviving spouse” for “widow” in pars. (3), (4), and (5); “parent” for “mother or father” in par. (6); and “Both dependent parents” for “Dependent mother and father” in par. (7). Subsec. (b). Pub. L. 94–433, § 404(17), substituted “surviving spouse” for “widow”. Pub. L. 94–432 substituted “$74” for “$69”. 1975—Subsec. (b). Pub. L. 94–169 substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “$69” for “$64”. 1974—Subsec. (b). Pub. L. 93–295 substituted “$64” for “$55”. 1971—Subsec. (b). Pub. L. 92–197 extended benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55. 1970—Subsec. (b). Pub. L. 91–588 substituted “$55” for “$50”. 1969—Pub. L. 91–96 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1977 Amendment Pub. L. 95–204, title III, § 302, Dec. 2, 1977, 91 Stat. 1459, provided that: “The provisions of this Act [see Tables for classification] shall take effect January 1, 1978.”

Effective Date

of 1976

Amendments

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. Amendment by Pub. L. 94–432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94–432, set out as a note under section 1521 of this title.

Effective Date

of 1975 Amendment Pub. L. 94–169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021, as amended by section 101 of Pub. L. 94–432, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date

of 1974 AmendmentAmendment 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.

Effective Date

of 1971 AmendmentAmendment 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.

Effective Date

of 1970 AmendmentAmendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91–588, set out as a note under section 1521 of this title.

Effective Date

of 1969 AmendmentAmendment by Pub. L. 91–96 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 91–96, set out as a note under section 1302 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1122

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73