Title 38Veterans' BenefitsRelease 119-73

§1161 Payment of disability compensation in disability severance cases

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER VI— - GENERAL COMPENSATION PROVISIONS › § 1161

Last updated Apr 6, 2026|Official source

Summary

Under section 1212(d) of title 10, severance-pay deductions must be taken monthly and cannot be more than the former member’s compensation rate based on the Department’s initial disability rating.

Full Legal Text

Title 38, §1161

Veterans' Benefits — Source: USLM XML via OLRC

The deduction of disability severance pay from disability compensation, to the extent required by section 1212(d) of title 10, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–181, § 1646(c), as added by Pub. L. 110–389, § 103(a)(2), substituted “to the extent required by section 1212(d) of title 10” for “as required by section 1212(c) of title 10”. 1991—Pub. L. 102–83, § 5(a), renumbered section 361 of this title as this section. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. 1983—Pub. L. 98–160 struck out “United States Code,” after “title 10,”. 1976—Pub. L. 94–433 substituted “such former member’s” for “his”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 Amendment Pub. L. 110–389, title I, § 103(b), Oct. 10, 2008, 122 Stat. 4148, provided that: “The

Amendments

made by subsection (a) [adding section 1646(c) to Pub. L. 110–181 and provisions set out as a note under section 1212 of Title 10, Armed Forces] shall take effect on January 28, 2008 (the date of the enactment of the Wounded Warrior Act [title XVI of Pub. L. 110–181]), as if included in that Act, to which they relate.” Amendment by section 1646(c) of Pub. L. 110–181 effective Jan. 28, 2008, and applicable with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see section 1646(d) of Pub. L. 110–181, set out as a note under section 1212 of Title 10, Armed Forces.

Effective Date

of 1976 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1161

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73