38 USC § 5110 - Effective dates of awards
(a)
Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(b)
(1)
The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.
(2)
(A)
The effective date of an award of disability compensation to a veteran who submits an application therefor that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal shall be fixed in accordance with the facts found, but shall not be earlier than the date that is one year before the date of receipt of the application.
(B)
For purposes of this paragraph, an original claim is an initial claim filed by a veteran for disability compensation.
(C)
This paragraph shall take effect on the date that is one year after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act.
(3)
The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.
(4)
(A)
The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.
(B)
A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.
(c)
The effective date of an award of disability compensation by reason of section
1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date.
(d)
The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred.
(e)
(1)
Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date.
(2)
In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section
1311
(b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date.
(f)
An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action.
(g)
Subject to the provisions of section
5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier.
(h)
Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year.
(i)
Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section
1552 of title
10, or the change, correction, or modification of a discharge or dismissal under section
1553 of title
10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits.
(j)
Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased.
(k)
The effective date of the award of benefits to a surviving spouse or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed.
(l)
The effective date of an award of benefits to a surviving spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination.
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(a)
Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(b)
(1)
The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.
(2)
The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date.
(3)
(A)
The effective date of an award of disability pension to a veteran described in subparagraph (B) of this paragraph shall be the date of application or the date on which the veteran became permanently and totally disabled, if the veteran applies for a retroactive award within one year from such date, whichever is to the advantage of the veteran.
(B)
A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.
(c)
The effective date of an award of disability compensation by reason of section
1151 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date.
(d)
The effective date of an award of death compensation, dependency and indemnity compensation, or death pension for which application is received within one year from the date of death shall be the first day of the month in which the death occurred.
(e)
(1)
Except as provided in paragraph (2) of this subsection, the effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child’s entitlement arose if application therefor is received within one year from such date.
(2)
In the case of a child who is eighteen years of age or over and who immediately before becoming eighteen years of age was counted under section
1311
(b) of this title in determining the amount of the dependency and indemnity compensation of a surviving spouse, the effective date of an award of dependency and indemnity compensation to such child shall be the date the child attains the age of eighteen years if application therefor is received within one year from such date.
(f)
An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall be payable from the effective date of such rating; but only if proof of dependents is received within one year from the date of notification of such rating action.
(g)
Subject to the provisions of section
5101 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. In no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier.
(h)
Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year.
(i)
Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section
1552 of title
10, or the change, correction, or modification of a discharge or dismissal under section
1553 of title
10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record or for the change, modification, or correction of a discharge or dismissal, as the case may be, or the date such disallowed claim was filed, whichever date is the later, but in no event shall such award of benefits be retroactive for more than one year from the date of reopening of such disallowed claim. This subsection shall not apply to any application or claim for Government life insurance benefits.
(j)
Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the first day of the month fixed by that Secretary as the month of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased.
(k)
The effective date of the award of benefits to a surviving spouse or of an award or increase of benefits based on recognition of a child, upon annulment of a marriage shall be the date the judicial decree of annulment becomes final if a claim therefor is filed within one year from the date the judicial decree of annulment becomes final; in all other cases the effective date shall be the date the claim is filed.
(l)
The effective date of an award of benefits to a surviving spouse based upon a termination of a remarriage by death or divorce, or of an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce, shall be the date of death or the date the judicial decree or divorce becomes final, if an application therefor is received within one year from such termination.
Source
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1226, § 3010; Pub. L. 87–674, § 3,Sept. 19, 1962, 76 Stat. 558; Pub. L. 87–825, § 1,Oct. 15, 1962, 76 Stat. 948; Pub. L. 91–376, § 7,Aug. 12, 1970, 84 Stat. 790; Pub. L. 91–584, § 13,Dec. 24, 1970, 84 Stat. 1578; Pub. L. 93–177, § 6(a),Dec. 6, 1973, 87 Stat. 696; Pub. L. 93–527, § 9(b),Dec. 21, 1974, 88 Stat. 1705; Pub. L. 94–71, title I, § 104,Aug. 5, 1975, 89 Stat. 396; Pub. L. 97–66, title II, § 204(b),Oct. 17, 1981, 95 Stat. 1029; Pub. L. 98–160, title VII, § 703(1),Nov. 21, 1983, 97 Stat. 1010; Pub. L. 98–223, title II, § 213(3),Mar. 2, 1984, 98 Stat. 46; Pub. L. 98–369, div. B, title V, § 2501(a),July 18, 1984, 98 Stat. 1116; Pub. L. 99–576, title VII, § 701(63),Oct. 28, 1986, 100 Stat. 3296; renumbered § 5110 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1),May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §§ 4(a)(2)(A)(vi), (b)(4)(B),
5(c)(1),Aug. 6, 1991, 105 Stat. 403, 405, 406; Pub. L. 103–446, title XII, § 1201(i)(8),Nov. 2, 1994, 108 Stat. 4688; Pub. L. 108–454, title III, § 305,Dec. 10, 2004, 118 Stat. 3611.)
Amendments
2004—Subsec. (d). Pub. L. 108–454struck out par. (1) designation after subsec. (d) designation, substituted “death compensation, dependency and indemnity compensation, or death pension” for “death compensation or dependency and indemnity compensation”, and struck out par.(2) which read as follows: “The effective date of an award of death pension for which application is received within 45 days from the date of death shall be the first day of the month in which the death occurred.”
1994—Subsec. (m). Pub. L. 103–446struck out subsec. (m) which read as follows: “The effective date of an award of benefits to a surviving spouse based upon termination of actions described in section
103
(d)(3) of this title shall not be earlier than the date of receipt of application therefor filed after termination of such actions and after December 31, 1970.”
1991—Pub. L. 102–40, § 402(b)(1), renumbered section
3010 of this title as this section.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “1151” for “351”.
Subsec. (e)(2). Pub. L. 102–83, § 5(c)(1), substituted “1311(b)” for “411(b)”.
Subsec. (g). Pub. L. 102–40, § 402(d)(1), substituted “5101” for “3001”.
Subsec. (j). Pub. L. 102–83, § 4(b)(4)(B), substituted “that Secretary” for “the Secretary” after “month fixed by”.
Subsec. (n). Pub. L. 102–83, § 4(a)(2)(A)(vi), substituted “Secretary” for “Veterans’ Administration”.
1986—Subsec. (b)(1). Pub. L. 99–576substituted “the veteran’s” for “his”.
1984—Subsec. (b)(3)(A). Pub. L. 98–369, § 2501(a)(1), designated existing provisions as subpar. (A), inserted “described in subparagraph (B) of this paragraph” after “to a veteran”, substituted “the veteran applies for a retroactive award” for “an application therefor is received”, and added subpar. (B).
Subsec. (d). Pub. L. 98–369, § 2501(a)(2), designated existing provisions as par. (1), substituted “dependency and indemnity compensation for which application is received” for “, dependency and indemnity compensation, or death pension, where application is received”, and added par. (2).
Subsec. (m). Pub. L. 98–223substituted “section” for “subsection”.
1983—Subsecs. (k) to (m). Pub. L. 98–160substituted “surviving spouse” for “widow” wherever appearing.
1981—Subsec. (e). Pub. L. 97–66designated existing provisions as par. (1), substituted “Except as provided in paragraph (2) of this subsection, the” for “The”, and added par. (2).
1975—Subsec. (b)(2), (3). Pub. L. 94–71added par. (2) and redesignated former par. (2) as (3).
1974—Subsec. (l). Pub. L. 93–527inserted provisions relating to an award or increase of benefits based on recognition of a child upon termination of the child’s marriage by death or divorce.
1973—Subsec. (b). Pub. L. 93–177designated existing provisions as par. (1) and added par. (2).
1970—Subsecs. (l), (m). Pub. L. 91–376added subsecs. (l) and (m).
Subsec. (n). Pub. L. 91–584added subsec. (n).
1962—Subsec. (a). Pub. L. 87–825inserted “based on an original claim, a claim reopened after final adjudication, or a claim for increase”.
Subsec. (c). Pub. L. 87–825added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 87–825redesignated former subsec. (c) as (d) and substituted first day of month in which the death occurred, for the day after the day of death, as the effective date. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 87–825redesignated former subsec. (d) as (e), substituted “first day of the month” for “date”, and struck out “the entitlement arose” after “from such date.” Former subsec. (e) redesignated (j).
Subsec. (f). Pub. L. 87–825added subsec. (f). A prior subsec. (f) added by Pub. L. 87–674was redesignated (k) by Pub. L. 87–825.
Subsecs. (g) to (i). Pub. L. 87–825added subsecs. (g) to (i).
Subsec. (j). Pub. L. 87–825redesignated former subsec. (e) as (j), and substituted “first day of the month” for “day after the date”, and “month of death” for “date of death”.
Subsec. (k). Pub. L. 87–825redesignated former subsec. (f), added by Pub. L. 87–674, as (k).
Effective Date of 1984 Amendment
Section 2501(b) ofPub. L. 98–369provided that: “The amendments made by subsection (a)(1) [amending this section] and the provisions of paragraph (2) of section
3010(d) [now 5110(d)] of title 38, United States Code, as added by subsection (a)(2), shall take effect with respect to applications that are first received after September 30, 1984, for benefits under chapter
15 of title
38, United States Code.”
Effective Date of 1981 Amendment
Amendment by Pub. L. 97–66effective Oct. 1, 1981, see section 701(a) ofPub. L. 97–66, set out as a note under section
1114 of this title.
Effective Date of 1975 Amendment
Amendment by Pub. L. 94–71effective Aug. 1, 1975, see section 301 ofPub. L. 94–71, set out as a note under section
1114 of this title.
Effective Date of 1974 Amendment
Amendment by Pub. L. 93–527effective Jan. 1, 1975, see section 10 ofPub. L. 93–527, set out as a note under section
1521 of this title.
Effective Date of 1973 Amendment
Section 6(b) ofPub. L. 93–177provided that: “Subsection (a) of this section [amending this section] shall apply to applications filed after its effective date [Jan. 1, 1974], but in no event shall an award made thereunder be effective prior to such effective date.”
Effective Date of 1970 Amendment
Amendment by Pub. L. 91–376effective Jan. 1, 1971, see section 9 ofPub. L. 91–376, set out as a note under section
1114 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–825effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 ofPub. L. 87–825, set out as a note under section
110 of this title.
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| 38 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|---|---|---|---|
| § 5110 | 2012 | 112-154 [Sec.] 506 | 126 Stat. 1193 |
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