38 USC § 2307 - Death from service-connected disability | Title 38 - Veterans Benefits | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of

(1) $2,000, or

(2) the amount authorized to be paid under section 8134 (a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under sections 2302 and 2303 (a)(1) and (b)(2) of this title.

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In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of

(1) $2,000, or

(2) the amount authorized to be paid under section 8134 (a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under sections 2302 and 2303 (a)(1) and (b)(2) of this title.

Source

(Added Pub. L. 93–43, § 5(a)(2),June 18, 1973, 87 Stat. 80, § 907; amended Pub. L. 95–479, title III, § 303(c),Oct. 18, 1978, 92 Stat. 1565; Pub. L. 100–322, title III, § 303,May 20, 1988, 102 Stat. 534; Pub. L. 101–237, title III, § 313(b)(1),Dec. 18, 1989, 103 Stat. 2077; renumbered § 2307 and amended Pub. L. 102–83, § 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–103, title V, § 501(a)(1),Dec. 27, 2001, 115 Stat. 994; Pub. L. 108–183, title V, § 501(b),Dec. 16, 2003, 117 Stat. 2667.)

Amendments

2003—Subsec. (b). Pub. L. 108–183substituted “and (b)(2)” for “and (b)” in last sentence.

2001—Pub. L. 107–103substituted “$2,000” for ‘$1,500”.

1991—Pub. L. 102–83renumbered section 907 of this title as this section and substituted “2302 and 2303(a)(1)” for “902 and 903(a)(1)”.

1989—Pub. L. 101–237substituted “Secretary” for “Administrator”.

1988—Pub. L. 100–322substituted “$1,500” for “$1,100”.

1978—Pub. L. 95–479inserted “the greater of (1) $1,100, or (2)” after “not exceeding”.

Effective Date of 2001 Amendment

Pub. L. 107–103, title V, § 501(a)(2),Dec. 27, 2001, 115 Stat. 994, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to deaths occurring on or after September 11, 2001.”

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–322effective Apr. 1, 1988, see section 304 ofPub. L. 100–322, set out as a note under section 2102 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–479effective Oct. 1, 1978, see section 401(a) ofPub. L. 95–479, set out as a note under section 1114 of this title.

Effective Date

Section effective Sept. 1, 1973, or such earlier date as the President may prescribe and publish in the Federal Register, see section 10(c) ofPub. L. 93–43, set out as a note under section 2306 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Thursday, March 14, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

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The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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38 CFR - Title 38—Pensions, Bonuses, and Veterans' Relief

38 CFR 3 - ADJUDICATION

38 USC § 2307 - Death from service-connected disability

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