Title 38Veterans' BenefitsRelease 119-73

§1323 Certifications with respect to circumstances of death

Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 13— - DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS › Subchapter SUBCHAPTER III— - CERTIFICATIONS › § 1323

Last updated Apr 6, 2026|Official source

Summary

Tell the other Secretary when, based on a benefits claim, the Secretary finds that a death happened under the circumstances in section 1476(a) of title 10. In other cases, the Secretary will make that finding only if the other Secretary asks.

Full Legal Text

Title 38, §1323

Veterans' Benefits — Source: USLM XML via OLRC

Whenever the Secretary determines on the basis of a claim for benefits filed with the Secretary that a death occurred under the circumstances referred to in section 1476(a) of title 10, the Secretary shall certify that fact to the Secretary concerned. In all other cases, the Secretary shall make the determination referred to in such section at the request of the Secretary concerned.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to 1436, and 1500 were renumbered section 3001, 3002, 3011 to 3019, 3021 to 3023, 3031 to former 3036, and 3100 of this title, respectively.

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 423 of this title as this section. Pub. L. 102–83, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary determines” for “Administrator determines”, “Secretary that” for “Administrator that”, and in two places “Secretary shall” for “Administrator shall”. Pub. L. 102–54 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”. 1976—Pub. L. 94–433 substituted “with the Administrator” for “with him” and “the Administrator” for “he” before “shall certify” and “shall make”.

Statutory Notes and Related Subsidiaries

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. § 1323

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73