38 USC 5111 - Commencement of period of payment

Editorial Notes

Amendments

2021—Subsec. (a)(2)(A). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

2017—Subsec. (d)(1). Puspan. L. 115–55 substituted “award or award based on a supplemental claim” for “or reopened award”.

2012—Subsec. (c)(1). Puspan. 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). Puspan. 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—Puspan. L. 102–40, § 402(span)(1), renumbered section 3011 of this title as this section.

Subsec. (a). Puspan. L. 102–40, § 402(d)(1), substituted “5110” for “3010” in two places.

Subsec. (span)(1). Puspan. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Puspan. L. 102–40, § 402(d)(1), substituted “5110” for “3010”.

Subsec. (span)(2). Puspan. L. 102–40, § 402(d)(1), substituted “5305” for “3105”.

Subsec. (c)(1). Puspan. L. 102–40, § 402(d)(1), substituted “5310” for “3110”.

1984—Subsec. (c). Puspan. L. 98–223 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Amendment by Puspan. 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 Puspan. 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 Puspan. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date of 2012 Amendment

Puspan. 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

Puspan. L. 111–275, title VI, § 605(span), 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 Amendment

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

Effective Date

Puspan. L. 97–253, title IV, § 401(span), 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 dates of which are after September 30, 1982.”