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Title 38, Veterans' BenefitsRelease 119-102

§5309 Payment of Certain Withheld Benefits

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 53 — SPECIAL PROVISIONS RELATING TO BENEFITS › § 5309

Last updated Aug 21, 2026|Official source

Summary

Pay people who would have gotten benefits from the Secretary but had their payments stopped under section 5308 or held back under sections 3329 and 3330. They must get the full amount owed, including any checks taken into the Treasury and any money in the special-deposit account, unless they were guilty of mutiny, treason, sabotage, or helping an enemy. The Secretary will tell the Treasury how much to pay, and the Treasury will reimburse the Department from the special-deposit account or record the amounts as miscellaneous receipts. No payment can cover any time before the date a person files a claim under this rule if their award was ended or payments stopped before July 1, 1954 because they were citizens or subjects of Germany or Japan living in Germany or Japan.

Full Legal Text

Title 38, §5309

Veterans' Benefits, Source: USLM XML via OLRC

(a)Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to section 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to section 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.
(b)No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3109 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in last sentence. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in last sentence. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in first sentence. Pub. L. 102–40, § 402(d)(1), substituted “5308” for “3108” in two places in first sentence. 1986—Subsec. (a). Pub. L. 99–576, § 701(75)(A), substituted “such person’s” for “his” in two places. Subsec. (b). Pub. L. 99–576, § 701(75)(B), substituted “such person” for “he”. 1982—Subsec. (a). Pub. L. 97–258 substituted “section 3329 and 3330 of title 31” for “section 123–128 of title 31” wherever appearing.

Reference

Citations & Metadata

Citation

38 U.S.C. § 5309

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102