Title 38 — Veterans' BenefitsRelease 119-73not60
§1304 Special Provisions Relating to Surviving Spouses
Title 38 › Part II— GENERAL BENEFITS › Chapter 13— DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS › Subchapter I— GENERAL › § 1304
Summary
No dependency and indemnity compensation (DIC) will be paid to a spouse of a veteran who died after December 31, 1956 unless the marriage met one of three tests: married within 15 yrs of the service when the injury/disease occurred; married 1 yr or more; or had a child born in or before the marriage.
Full Legal Text
Title 38, §1304
Veterans' Benefits — Source: USLM XML via OLRC
No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—
(1)before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2)for one year or more; or
(3)for any period of time if a child was born of the marriage, or was born to them before the marriage.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1991—Pub. L. 102–83 renumbered section 404 of this title as this section. 1976—Pub. L. 94–433, § 405(4), (5), substituted “surviving spouse”, “such surviving spouse”, and “such veteran” for “widow”, “she”, and “him”, respectively, in introductory clause and “surviving spouses” for “widows” in section catchline. 1967—Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.
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.
Effective Date
of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
Reference
Citations & Metadata
Citation
38 U.S.C. § 1304
Title 38 — Veterans' Benefits
Last Updated
Apr 5, 2026
Release point: 119-73not60