excess of one. The rate payable shall be reduced by the amount of the veteran's annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. (Added P.L. 86-211, § 3 (a) (3); amended P.L. 88-664, § 5; P.L. 91-588, § 3(b)(1); P.L. 93–527, § 2(3); P.L. 94-169, § 102 (2); P.L. 94-432, § 202 (5); P.L. 95-204, § 101 (5); P.L. 95-588, § 106 (a).)

(e) If the veteran has a disability rated as permanent and total and (1) has additional disability or disabilities independently ratable at 60 per centum or more, or (2) by reason of a disability or disabilities, is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to the veteran under subsection (b) of this section shall be $4,340 and the annual rate of pension payable to the veteran under subsection (c) of this section shall be $5,441. If such veteran has two or more family members, as described in subsection (c) of this section, the annual rate of pension shall be increased by $600 for each such family member in excess of one. The rate payable I shall be reduced by the amount of the veteran's annual income and, subject to subsection (h)(1) of this section, the annual income of such family members. (Added P.L. 88-664, § 6(a); amended P.L. 90-77, § 104 (c); P.L. 91-588, § 3(b) (2); P.L. 93-527, § 2(4); P.L. 94-169, § 102(3); P.L. 94–432, § 202(6); P.L. 95–204, § 101 (6); P.L. 95-588, § 106 (a).)

(f) (1) If two veterans are married to one another and each meets the disability and service requirements prescribed in subsections (a) and (j), respectively, of this section, the annual rate of pension payable to such veterans shall be a combined annual rate of $4,651.

(2) If either such veteran is in need of regular aid and attendance, the annual rate provided by paragraph (1) of this subsection shall be $6,781. If both such veterans are in need of regular aid and attendance, such rate shall be $8,911.

(3) If either such veteran would be entitled (if not married to a veteran) to pension at the rate provided by subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $5,441. If both such veterans would be entitled (if not married to one another) to such rate, such rate shall be $6,231.

(4) If one such veteran is in need of regular aid and attendance and the other would be entitled (if not married to a veteran) to the rate provided for under subsection (e) of this section, the annual rate provided by paragraph (1) of this subsection shall be $7,571.

(5) The annual rate provided by paragraph (1), (2), (3), or (4) of this subsection, as appropriate, shall (A) be increased by $600 for each child of such veterans (or of either such veteran) who is in the custody of either or both such veterans or to whose support either such veteran is, or both such veterans are, reasonably contributing, and (B) be reduced by the amount of the annual income of both such veterans and, subject to subsection (h) (1) of this section, the annual income of each such child. (Added P.L. 86-211, § 3(a) (3); amended P.L. 88-664, §§ 6(a), 7; P.L. 95-588, § 106 (a).)

(g) The annual rate of pension payable under subsection (b), (c), (d), (e), or (f) of this section to any veteran who is a veteran of a period of war shall be increased by $800 if veterans of such period of

war were not provided educational benefits or home loan benefits similar to those provided to veterans of later periods of war under chapters 34 and 37, respectively, of this title or under prior corresponding provisions of law. (Amended P.L. 87-101, §1; P.L. 88-664, § 6(a); P.L. 90-77, § 202 (b); P.L. 91-558, § 9 (c) (2); P.L. 92–198, § 5(b); P.L. 94-169, § 106(18); P.L. 95-588, § 106 (a).)

(h) For the purposes of this section:

(1) In determining the annual income of a veteran, if there is a child of the veteran who is in the custody of the veteran or to whose support the veteran is reasonably contributing, that portion of the annual income of the child that is reasonably available to or for the veteran shall be considered to be income of the veteran, unless in the judgment of the Administrator to do so would work a hardship on the veteran.

(2) A veteran shall be considered as living with a spouse, even though they reside apart, unless they are estranged. (Added P.L. 94-432, § 202 (7) ; amended P.L. 95-588, § 106(a).)

(i) If the veteran is entitled under this section to pension on the basis of such veteran's own service and is also entitled to pension on the basis of any other person's service, the Administrator shall pay such veteran only the greater benefit. (Added P.L. 95-588, § 106 (a).) (j) A veteran meets the service requirements of this section if such veteran served in the active military, naval, or air service

(1) for ninety days or more during a period of war;

(2) during a period of war and was discharged or released from such service for a service-connected disability;

(3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or

(4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war. (Added P.L. 95-588, § 106 (a).)

§ 522. Net worth limitation

(a) The Administrator shall deny or discontinue the payment of pension to a veteran under section 521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran's spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran's spouse, and the veteran's children, it is reasonable that some part of the corpus of such estates be consumed for the veteran's maintenance. (Amended P.L. 86-211, § 3(b); P.L. 95-588, § 107.)

(b) The Administrator shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 521 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the veteran's and spouse's income, and the income of the veteran's children, it is reasonable that some part of the corpus of such child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran's child for purposes of this chapter. (Added P.L. 95-588, § 107.)

f

§ 523. Combination of ratings

(a) The Administrator shall provide that, for the purpose of determining whether or not a veteran is permanently and totally disabled, ratings for service-connected disabilities may be combined with ratings for non-service-connected disabilities.

(b) Where a veteran, by virtue of subsection (a), is found to be entitled to a pension under section 521 of this title, and is entitled to compensation for a service-connected disability, the Administrator shall pay such veteran the greater benefit. (Amended P.L. 94–169, § 106 (19).)

Subchapter III-Pensions to Surviving Spouses and Children

WARS BEFORE WORLD WAR I

§ 532. Surviving spouses of Civil War veterans

(a) The Administrator shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate:

(1) $40.64 if such surviving spouse is below seventy years of age; or (2) $70 if such surviving spouse is seventy years of age or older; unless such surviving spouse was the spouse of the veteran during such veteran's service in the Civil War, in which case the monthly rate shall be $75. (Amended P.L. 90-77, § 105; P.L. 94-169, § 106 (20).)

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child. (Amended P.L. 94–169, § 106 (21).)

(c) A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore defined under public laws administered by the Veterans' Administration, or if such veteran was discharged or released from such service upon a surgeons' certificate of disability. (Amended P.L. 94-169, § 106 (21).)

(d) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran

(1) before June 27, 1905; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage or was born to them before the marriage. (Amended P.L. 90-77, § 101(a); P.L. 94–169, § 106 (22).)

§ 533. Children of Civil War veterans

Whenever there is no surviving spouse entitled to pension under section 532 of this title, the Administrator shall pay to the children of each Civil War veteran who met the service requirements of section 532 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided. (Amended P.L. 94–169, § 106 (25).)

§ 534. Surviving spouses of Indian War veterans

(a) The Administrator shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 511 of this title a pension at the following monthly rate:

(1) $40.64 if such surviving spouse is below seventy years of age; or (2) $70 if such surviving spouse is seventy years of age or older; unless such surviving spouse was the spouse of the veteran during such veteran's service in one of the Indian Wars, in which case the monthly rate shall be $75. (Amended P.L. 90-77, § 105; P.L. 94-169, § 106 (26).)

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child. (Amended P.L. 94-169, § 106 (27).) (c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran

(1) before March 4, 1917; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage, or was born to them before the marriage. (Amended P.L. 90-77, § 101 (a); P.L. 94-169, § 106 (28).)

§ 535. Children of Indian War veterans

Whenever there is no surviving spouse entitled to pension under section 534 of this title, the Administrator shall pay to the children of each Indian War veteran who met the service requirements of section 511 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided. (Amended P.L. 94–169, § 106 (31).)

§ 536. Surviving spouses of Spanish-American War veterans

(a) The Administrator shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of section 512(a) of this title a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veteran's service in the Spanish-American War, in which case the monthly rate shall be $75. (Amended P.L. 90-77, § 105; P.L. 94-169, § 106 (32).)

(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child. (Amended P.L. 94-169, § 106 (33).)

(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran

(1) before January 1, 1938; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage, or was born to them before the marriage. (Amended P.L. 90-77, $ 101(a); P.L. 94-169, § 106 (33).)

(d) (1) Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by section 541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable. (2) The Administrator shall pay each month to the surviving spouse of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attend

ance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as inI creased by section 544 of this title, as in effect on December 31, 1978; or (B) that which is payable under section 541 of this title, as in effect. on December 31, 1978, as increased by such section 544, as in effect on I such date, to a surviving spouse of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor. (Added P.L. 92-328, § 107; amended P.L. 94-169, § 106(34)–(36); P.L. 95-588, § 108.)

§ 537. Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under section 536 of this title, the Administrator shall pay to the children of each Spanish-American War veteran who met the service requirements of section 512(a) of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided. (Amended P.L. 94-169, § 106 (39).)

MEXICAN BORDER PERIOD, WORLD WAR I, WORLD WAR II, THE KOREAN CONFLICT, AND THE VIETNAM ERA

§ 541. Surviving spouses of veterans of a period of war

(a) The Administrator shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 521 (j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a serviceconnected disability, pension at the rate prescribed by this section, as increased from time to time under section 3112 of this title. (Amended P.L. 86-211, § 4; P.L. 90–77, § 202(d); P.L. 91-588, § 9(d) (1); P.L. 94-169, § 101 (2) (B); P.L. 95-588, § 109 (a).)

(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $2,379, reduced by the amount of the surviving spouse's annual income. (Added P.L. 86-211, § 4; amended P.L. 88–664, § 3 (c); P.L. 90– 77, § 106(a); P.L. 90-275, § 1(c); P.L. 91-588; § 1(c); P.L. 92-198, $1 (c); P.L. 93-177, § 1 (c); P.L. 93-527, § 3(1); P.L. 94-169, § 103 (1); P.L. 94–432, § 203 (1), (2) ; P.L. 95–204, § 102 (1), (2); P.L. 95– 588, § 109 (a).)

(c) If there is a child of the veteran in the custody of the surviving Spouse, pension shall be paid to the surviving spouse at the annual rate of $3,116. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $600 for each such child in excess of one. In each case, the rate payable shall be reluced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such hild. (Added P.L. 86-211, § 4; amended P.L. 88-664, § 3(d); P.L. 9077. § 106(b); P.L. 90-275, § 1(d); P.L. 91-588, § 1(d); P.L. 92-198, § 1 (d); P.L. 93–177, § 1(d); P.L. 93–527, § 3(2); P.L. 94-169, § 103 (1); P.L. 94-432, § 203 (3), (4); P.L. 95-204, § 102 (3), (4) ; P.L. 95– 588, § 109 (a).)