§1512 Spanish-american War Veterans

Summary

The Secretary must pay a monthly pension to Spanish‑American War veterans who meet certain service rules. If a veteran meets the primary service rule, the pension is $101.59 per month, or $135.45 if the veteran needs regular aid and attendance. The primary service rule is: served 90 days or more during the war, were discharged for a service‑connected disability during the war, or served 90 consecutive days that began or ended during the war. A veteran who qualifies under the primary rule may choose to be paid under the wartime pension rates and rules in section 1521 (except subsection (g)); that choice cannot be changed. For veterans needing regular aid and attendance, the Secretary must pay each month whichever is higher: $135.45 or the amount payable under section 1521 as it stood on December 31, 1978. Any change in that amount takes effect the first day of the month when the facts warrant and is made without a new application. Veterans who do not meet the primary rule but meet a secondary rule get $67.73 per month, or $88.04 if they need regular aid and attendance. The secondary rule is: served 70 days or more during the war, or served 70 consecutive days that began or ended during the war.