§5111 — Title 38 Veterans' Benefits | U.S. Code

Summary

Payments for VA compensation, dependency and indemnity compensation, or pension cannot be paid for any time before the first day of the calendar month after the month when the award or an increase became effective under the rules that set its effective date. One exception is for veterans who were retired or separated for a catastrophic disability: if the compensation is from an original claim, payments start on the award’s effective date. This rule does not apply to certain other special VA payments, and if a temporary hospital or treatment increase both begins and ends in the same month, payment starts on the first day of that month. Between the award’s effective date and the later payment start date above, the person is treated as already receiving the benefits for all laws the Secretary administers. If someone is getting retired pay and files a waiver to take compensation instead, that waiver only takes effect on the first day of the month after the month it is filed, and retired pay may be received until then. Definitions: "catastrophic disability" — a permanent, severe condition that makes a veteran need help leaving home or bed or constant supervision to avoid harm; "award or increased award" — either an original or supplemental claim award, or an award raised because of a new dependent, higher disability or rating, or lower income.

Title 38, §5111

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)Notwithstanding section 5110 of this title or any other provision of law and except as provided in paragraph (2) and subsection (c), payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under section 5110 of this title or such other provision of law.

(2)(A)In the case of a veteran who is retired or separated from the active military, naval, air, or space service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under section 5110 of this title or another applicable provision of law.

(B)For the purposes of this paragraph, the term “catastrophic disability”, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.

(b)(1)Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased award as provided under section 5110 of this title or other provision of law and the commencement of the period of payment based on such award as provided under subsection (a) of this section, an individual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Secretary.

(2)If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with section 5305 of this title, such waiver shall not become effective until the first day of the month following the month in which such waiver is filed, and nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date.

(c)(1)This section shall not apply to payments made pursuant to section 5310 of this title.

(2)In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment commences and terminates within the same calendar month, the period of payment shall commence on the first day of such month.

(d)For the purposes of this section, the term “award or increased award” means—

(1)an original award or award based on a supplemental claim; or

(2)an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(2)(A). Pub. L. 116–283 substituted “air, or space service” for “or air service”. 2017—Subsec. (d)(1). Pub. L. 115–55 substituted “award or award based on a supplemental claim” for “or reopened award”. 2012—Subsec. (c)(1). Pub. L. 112–154 substituted “not apply to payments made pursuant to section 5310 of this title” for “apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran’s death, for the month in which such veteran’s death occurred”. 2010—Subsec. (a). Pub. L. 111–275 designated existing provisions as par. (1), substituted “in paragraph (2) and subsection (c)” for “in subsection (c) of this section”, and added par. (2). 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3011 of this title as this section. Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010” in two places. Subsec. (b)(1). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010”. Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105”. Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted “5310” for “3110”. 1984—Subsec. (c). Pub. L. 98–223 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date

of 2012 Amendment Pub. L. 112–154, title V, § 507(c), Aug. 6, 2012, 126 Stat. 1194, provided that: “The

Amendments

made by this section [amending this section and section 5310 of this title] shall take effect on the date of the enactment of this Act [Aug. 6, 2012], and shall apply with respect to deaths that occur on or after that date.”

Effective Date

of 2010 Amendment Pub. L. 111–275, title VI, § 605(b), Oct. 13, 2010, 124 Stat. 2886, provided that: “The

Amendments

made by subsection (a) [amending this section] shall take effect on October 1, 2011, and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.”

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–223 effective Oct. 1, 1983, see section 114 of Pub. L. 98–223, set out as a note under section 1112 of this title.

Effective Date

Pub. L. 97–253, title IV, § 401(b), Sept. 8, 1982, 96 Stat. 802, provided that: “section 3011 [now 5111] of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the

Effective Date

s of which are after September 30, 1982.”

§5111 Commencement of Period of Payment

Summary

Title 38, §5111

Notes & Related Subsidiaries

Editorial Notes

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Statutory Notes and Related Subsidiaries

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