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Title 38, Veterans' BenefitsRelease 119-102

§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

Last updated Aug 21, 2026|Official source

Summary

No survivor death benefits (dependency and indemnity compensation) will be paid for a veteran who died after December 31, 1956 unless the surviving spouse meets one of three rules. The spouse must have been married to the veteran either within 15 years after the end of the service period when the injury or disease that caused the death began or got worse, or the marriage lasted at least one year, or the couple had a child together (including a child born to them before they married).

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

Aug 21, 2026

Release point: 119-102