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(s) if the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 per centum or more, or, (2) by reason of his service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $554. For the purpose of this subsection, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to his house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout his lifetime.

(As amended Pub. L. 92-328, title I, § 101 (a), June 30, 1972, 86 Stat. 393.)

AMENDMENTS

1972-Subsecs. (a)-(p), (r), (s). Pub. L. 92-328 increased the compensation in subsec. (a) from $25 to $28, subsec. (b) from $46 to $51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106, subsec. (e) from $135 to $149, subsec. (f) from $163 to $179, subsec. (g) from $193 to $212, subsec. (h) from $223 to $245, subsec. (1) from $250 to $275, subsec. (j) from $450 to $495, subsec. (k) from $560 to $616 and $784 to $862, respectively, subsec. (1) from $560 to $616, subsec. (m) from $616 to $678, subsec. (n) from $700 to $770, subsec. (o) from $784 to $862, subsec. (p) from $784 to $862, subsec. (r) from $336 to $370, and subsec. (s) from $504 to $554.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301 (a) of Pub. L. 92-328 provided that: "Sections 101 through 107 of this Act [which enacted section 362 of this title, amended this section, and sections 315, 536, 3021, 3202 and 3203 of this title, and enacted provisions set out as notes under this section and section 3203 of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment [June 30, 1972]."

SHORT TITLE

Section 1 of Pub. L. 92-328 provided that: "This Act [which enacted section 362 of this title, amended this section, and sections 210, 315, 334, 335, 536, 1817, 1820, 3021, 3102, 3202, 3203, and 3503 of this title, repealed section 336 of this title, and enacted provisions set out as notes under this section and sections 210, 334, 3102, and 3203 of this title] may be cited as the 'Veterans' Compensation and Relief Act of 1972"."

ADMINISTRATIVE RATE ADJUSTMENTS FOR PERSONS RECEIVING BENEFITS ON DECEMBER 31, 1958 Section 101 (b) of Pub. L. 92-328 provided that: "The Administrator of Veterans' Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 [set out as a note preceding section 101 of this title] who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code [this chapter]."

§ 315. Additional compensation for dependents.

Any veteran entitled to compensation at the rate provided in section 314 of this title, and whose disability is rated not less than 50 per centum, shall be entitled to additional compensation for dependents in the following monthly amounts:

(1) If and while rated totally disabled and(A) has a wife and no child living, $31; (B) has a wife and one child living, $53; (C) has a wife and two children living, $67;

(D) has a wife and three or more children living, $83 (plus $15 for each living child in excess of three);

(E) has no wife but one child living, $21; (F) has no wife but two children living, $36; (G) has no wife but three or more children living, $53 (plus $15 for each living child in excess of three);

(H) has a mother or father, either or both dependent upon him for support, then, in addition to the above amounts, $25 for each parent so dependent; and

(I) notwithstanding the other provisions of this subsection, the monthly amount payable on account of each child who has attained the age of eighteen years and who is pursuing a course of instruction at an approved educational institution shall be $48 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this subsection.

(As amended Pub. L. 92-328, title I, § 102, June 30, 1972, 86 Stat. 394.)

AMENDMENTS

1972-Par. (1). Pub. L. 92-328 substituted $31 for $28 in subpar. (A), $53 for $48 in subpar. (B), $67 for $61 in subpar. (C), $83 and $15 for $75 and $14, respectively, in subpar. (D), $21 for $19 in subpar. (E), $36 for $33 in subpar. (F), $53 and $15 for $48 and $14, respectively, in subpar. (G), $25 for $23 in subpar. (H), and $48 for $44 in subpar. (I).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective on the first day of the second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92-328, set out as a note under section 314 of this title.

SUBCHAPTER III.—WARTIME DEATH

COMPENSATION

§ 321. Basic entitlement.

The surviving widow, child, or children, and dependent parent or parents of any veteran who died before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in section 322 of this title. (As amended Pub. L. 92-197, § 6, Dec. 15, 1971, 85 Stat. 662.)

AMENDMENTS

1971-Pub. L. 92-197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417 (a) of this title.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title.

§ 322. Rates of wartime death compensation.

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(b) The monthly rate of death compensation payable to a widow or dependent parent under subsection (a) of this section shall be increased by $55 if the payee is (1) a patient in a nursing home or (2) helpless or blind, or nearly helpless or blind as to need or require the regular aid and attendance of

another person. (As amended Pub. L. 92-197, § 9, Dec. 15, 1971, 85 Stat. 662.)

AMENDMENTS

1971-Subsec. (b). Pub. L. 92-197 extended the benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title.

SUBCHAPTER IV. PEACETIME DISABILITY COMPENSATION

§ 334. Rules of peacetime disability compensation.

For the purposes of section 331 of this title, the compensation payable for the disability shall be that specified in section 314 of this title. (As amended Pub. L. 92-328, title I, § 108(a), June 30, 1972, 86 Stat. 396.)

AMENDMENTS

1972-Pub. L. 92-328 substituted provisions that the compensation payable for the disability be that specified in section 314 of this title, for provisions that the compensation payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301(b) of Pub. L. 92-328 provided that: "Section 108 [which repealed section 336 of this title and amended this section and section 335 of this title] shall take effect on July 1, 1973."

§ 335. Additional compensation for dependents.

Any veteran entitled to compensation at the rates provided in section 334 of this title, and whose disability is rated not less than 50 per centum, shall be entitled to additional monthly compensation for dependents as provided in section 315 of this title. (As amended Pub. L. 92-328, title I, § 108 (b), June 30, 1972, 86 Stat. 396.)

AMENDMENTS

1972-Pub. L. 92-328 substituted provisions that the veteran be entitled to additional monthly compensation for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to additional monthly compensation for dependents equal to 80% of the additional compensation for dependents provided in section 315 of this title, and subject to the limitations thereof, and adjusted upward or downward to the nearest dollar.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective on July 1, 1973, see section 301 (b) of Pub. L. 92-328, set out as a note under section 334 of this title.

§ 336. Repealed. Pub. L. 92-328, title I, § 108(c), June 30, 1972, 86 Stat. 396.

Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under the provisions of this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal of section effective July 1, 1973, see section 301 (b) of Pub. L. 92-328, set out as a note under section 334 of this title.

SUBCHAPTER V.-PEACETIME DEATH

COMPENSATION

§ 341. Basic entitlement.

The surviving widow, child or children, and dependent parent or parents of any veteran who died

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UNIFORMED SERVICES, PROMOTION OF MEMBERS IN MISSING STATUS; EFFECTIVE DATE

Provision of section 552 (a) of Title 37 for full effectiveness for all purposes of promotion of a member while in a missing status notwithstanding a determination of death before the making of the promotion effective as of Nov. 24, 1971, for the purposes of this chapter, see section 2 of Pub. L. 93-26, Apr. 27, 1973, 87 Stat. 26, set out as a note under section 552 of Title 37, Pay and Allowances of the Uniformed Services.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2013 of this title. § 402. Determination of pay grade.

(a) With respect to a veteran who died in the active military, naval, or air service, his pay grade shall be determined as of the date of his death or as of the date of a promotion after death while in a missing status.

(As amended Pub. L. 92-169, § 2, Nov. 24, 1971, 85 Stat. 489.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-169 provided, with regard to determination of veteran's pay grade at date of his death, that in the case of a promotion after death while the veterans is in a missing status, the pay grade determination date is the date of such promotion.

EFFECTIVE DATE OF 1971 AMENDMENT Section 3 of Pub. L. 92-169 provided that: "For the purposes of chapter 13 of title 38, United States Code [this chapter] this Act [amending this section and sec

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1 If a veteran served as sergeant major of the Army, senfor enlisted adviser of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard at the applicable time designated by section 402 of this title, the widow's rate shall be $270.

2 If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the widow's rate shall be $503. (b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $22 for each such child.

(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $55 if she is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. (As amended Pub. L. 92-197, § 1, Dec. 15, 1971, 85 Stat. 660; Pub. L. 92455, 4, Oct. 2, 1972, 86 Stat. 761.)

1972

AMENDMENTS

Subsec. (a). Pub. L. 92-455 substituted in footnote 1 of the table "chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard," for "chief master sergeant of the Air Force, or sergeant major of the Marine Corps,".

1971-Subsec. (a). Pub. L. 92-197 generally upgraded the monthly rate for all pay grades.

Subsec. (b). Pub. L. 92-197 increased the dependency and indemnity compensation rate by $22 per month for each child from $20.

Subsec. (c). Pub. L. 92-197 reenacted subsec. (c) without change.

EFFECTIVE DATE OF 1971 AMENDMENT Section 10 of Pub. L. 92-197 provided that: "This Act [amending this section and sections 321, 322, 341, 413 to 415, 417 and 724 of this title and enacting provisions set out as note under section 417 of this title] shall take effect on January 1, 1972."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 1448, 1450. § 413. Dependency and indemnity compensation to children.

Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation,

dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veterans at the following monthy rates:

(1) One child, $92.

(2) Two children, $133.

(3) Three children, $172.

(4) More than three children, $172, plus $34 for each child in excess of three.

(As amended Pub. L. 92-197, § 2, Dec. 15, 1971, 85 Stat. 660.)

AMENDMENTS

1971-Pub. L. 92-197 substituted "$92", "$133", "$172", and "$172" and "$34" for "$88", "$127", "8164" and "164" and "$32", in pars. (1), (2), (3), and (4), respectively.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title.

§ 414. Supplemental dependency and indemnity compensation to children.

(a) In the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to him shall be increased by $55.

(b) If dependency and indemnity compensation is payable monthly to a woman as a "widow" and there is a child (of her deceased husband) who has attained the age of eighteen and who, while under such age, became permanently incapable of selfsupport, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the widow, in the amount of $92.

(c) If dependency and indemnity compensation is payable monthly to a woman as a "widow" and there is a child (of her deceased husband) who has attained the age of eighteen and who, while under the age of twenty-three, is pursuing a course of instruction at an educational institution approved under section 104 of this title, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the widow, in the amount of $47. (As amended Pub. L. 92-197, § 3, Dec. 15, 1971, 85 Stat. 661.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-197, § 3(a), substituted "$55" for "$32”.

Subsec. (b). Pub. L. 92-197, § 3(b), substituted "$92" for "$88".

Subsec. (c). Pub. L. 92-197, § 3(c), substituted "847" for "$45".

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title.

§ 415. Dependency and indemnity compensation to parents.

(b) (1) Except as provided in paragraph (2) of this subsection, if there is only one parent, dependency and indemnity compensation shall be paid to him

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1 While serving as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, basic pay for this grade is $3,976.20* regardless of cumulative years of service computed under section 205 of this title. 2 Does not apply to commissioned officers who have been credited with over 4 years' active service as enlisted members.

3 The rate of basic pay for military personnel at these rates is limited by section 5308 of title 5, United States Code, as added by the Federal Pay Comparability Act of 1970, to the rate for level V of the Executive Schedule ($36,000 per annum, or $3,000 per month as of the effective date of this adjustment).

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COMMISSIONED OFFICERS WHO HAVE BEEN CREDITED WITH OVER 4 YEARS' ACTIVE SERVICE AS ENLISTED MEMBERS

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1 While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast-Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade is $1,439.10, regardless of cumulative years of service computed under section 205 of

this title.

SEC. 2. This order shall take effect October 1, 1973.

RICHARD NIXON.

§ 205. Computation: service creditable.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the note under this section in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.

SECTION RFFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 2126.

§ 209. Members of Senior Reserve Officers' Training Corps.

(a) Except when on active duty, a member of the Senior Reserve Officers' Training Corps who is selected for advanced training under section 2104 of title 10 is entitled to a subsistence allowance of $100

a month beginning on the day he starts advanced training and ending upon the completion of his instruction under that section, but in no event shall any member receive such pay for more than 20 months. Subsistence allowance under this section may not be considered financial assistance requiring additional service within the meaning of the third sentence of section 456(d) (1) of title 50, appendix.

(b) Except when on active duty, a cadet or midshipman appointed under section 2107 of title 10 is entitled to a monthly subsistence allowance in the amount provided in subsection (a) of this section. A member enrolled in the first two years of a four-year program is entitled to receive subsistence for a maximum of twenty months. A member enrolled in the advanced course is entitled to subsistence as pre

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