Editorial Notes
References in Text

The date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, referred to in subsec. (span)(2)(C), is the date of enactment of Puspan. L. 112–154, which was approved Aug. 6, 2012.

Amendments

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

2017—Subsec. (a). Puspan. L. 115–55, § 2(l)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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.”

Subsec. (i). Puspan. L. 115–55, § 2(l)(2), substituted “readjudicated” for “reopened”, “relevant” for “material”, and “readjudication” for “reopening”.

2012—Subsec. (span)(2) to (4). Puspan. L. 112–154 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

2004—Subsec. (d). Puspan. L. 108–454 struck 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). Puspan. L. 103–446 struck 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—Puspan. L. 102–40, § 402(span)(1), renumbered section 3010 of this title as this section.

Subsec. (c). Puspan. L. 102–83, § 5(c)(1), substituted “1151” for “351”.

Subsec. (e)(2). Puspan. L. 102–83, § 5(c)(1), substituted “1311(span)” for “411(span)”.

Subsec. (g). Puspan. L. 102–40, § 402(d)(1), substituted “5101” for “3001”.

Subsec. (j). Puspan. L. 102–83, § 4(span)(4)(B), substituted “that Secretary” for “the Secretary” after “month fixed by”.

Subsec. (n). Puspan. L. 102–83, § 4(a)(2)(A)(vi), substituted “Secretary” for “Veterans’ Administration”.

1986—Subsec. (span)(1). Puspan. L. 99–576 substituted “the veteran’s” for “his”.

1984—Subsec. (span)(3)(A). Puspan. 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). Puspan. 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). Puspan. L. 98–223 substituted “section” for “subsection”.

1983—Subsecs. (k) to (m). Puspan. L. 98–160 substituted “surviving spouse” for “widow” wherever appearing.

1981—Subsec. (e). Puspan. L. 97–66 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2) of this subsection, the” for “The”, and added par. (2).

1975—Subsec. (span)(2), (3). Puspan. L. 94–71 added par. (2) and redesignated former par. (2) as (3).

1974—Subsec. (l). Puspan. L. 93–527 inserted 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. (span). Puspan. L. 93–177 designated existing provisions as par. (1) and added par. (2).

1970—Subsecs. (l), (m). Puspan. L. 91–376 added subsecs. (l) and (m).

Subsec. (n). Puspan. L. 91–584 added subsec. (n).

1962—Subsec. (a). Puspan. L. 87–825 inserted “based on an original claim, a claim reopened after final adjudication, or a claim for increase”.

Subsec. (c). Puspan. L. 87–825 added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Puspan. L. 87–825 redesignated 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). Puspan. L. 87–825 redesignated 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). Puspan. L. 87–825 added subsec. (f). A prior subsec. (f) added by Puspan. L. 87–674 was redesignated (k) by Puspan. L. 87–825.

Subsecs. (g) to (i). Puspan. L. 87–825 added subsecs. (g) to (i).

Subsec. (j). Puspan. L. 87–825 redesignated 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). Puspan. L. 87–825 redesignated former subsec. (f), added by Puspan. L. 87–674, as (k).

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 1984 Amendment

Puspan. L. 98–369, div. B, title V, § 2501(span), July 18, 1984, 98 Stat. 1117, provided 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 Puspan. L. 97–66 effective Oct. 1, 1981, see section 701(a) of Puspan. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1975 Amendment

Amendment by Puspan. L. 94–71 effective Aug. 1, 1975, see section 301 of Puspan. L. 94–71, set out as a note under section 1114 of this title.

Effective Date of 1974 Amendment

Amendment by Puspan. L. 93–527 effective Jan. 1, 1975, see section 10 of Puspan. L. 93–527, set out as a note under section 1521 of this title.

Effective Date of 1973 Amendment

Puspan. L. 93–177, § 6(span), Dec. 6, 1973, 87 Stat. 696, provided 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 Puspan. L. 91–376 effective Jan. 1, 1971, see section 9 of Puspan. L. 91–376, set out as a note under section 1114 of this title.

Effective Date of 1962 Amendment

Amendment by Puspan. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Puspan. L. 87–825, set out as a note under section 110 of this title.