69-010
2d Session
110-430
--VETERANS' COMPENSATION COST-OF-LIVING ADJUSTMENT ACT OF 2008
[To accompany S. 2617]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs (hereinafter, `Committee'), to which was referred the bill (S. 2617) to increase, effective as of December 1, 2008, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, having considered the same, reports favorably thereon with an amendment in the nature of a substitute, and recommends that the bill, as amended, do pass.
INTRODUCTION
On February 2, 2008, Committee Chairman Daniel K. Akaka introduced S. 2617, a bill to increase, effective as of December 1, 2008, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans. Committee Ranking Minority Member Richard Burr is an original cosponsor of S. 2617, as are Committee Members John D. Rockefeller IV, Patty Murray, Sherrod Brown, Barack Obama, Bernard Sanders, Jon Tester, Jim Webb, Larry E. Craig, and Johnny Isakson. Senator Debbie Stabenow was later added as a cosponsor. The bill was referred to the Committee.
COMMITTEE HEARING
On May 7, 2008, the Committee held a hearing on legislation pending before the Committee. Among the measures on which the Committee received testimony was S. 2617. Testimony on S. 2617, among other bills, was offered by: Keith Pedigo, Associate Deputy Under Secretary for Policy and Program Management, Department of Veterans Affairs; Carl Blake, National Legislative Director, Paralyzed Veterans of America; Richard Paul Cohen, Executive Director, National Organization of Veterans' Advocates, Inc.; Eric A. Hilleman, Deputy Director, National Legislative Service, Veterans of Foreign Wars; Ray Kelley, Legislative Director, AMVETS; Steve Smithson, Deputy Director, Veterans Affairs and Rehabilitation Commission, The American Legion; Joseph Violante, National Legislative Director, Disabled American Veterans; and Rick Weidman, Governmental Affairs Director, Vietnam Veterans of America.
COMMITTEE MEETING
On June 26, 2008, the Committee met in open session to consider legislation pending before the Committee. Among the measures so considered was S. 2617. The Committee voted by voice vote to report favorably S. 2617, as amended, to the Senate.
SUMMARY OF THE COMMITTEE BILL AS REPORTED
The Committee bill contains freestanding provisions that would require the Secretary of Veterans Affairs to increase, effective December 1, 2008, the rates of, and limitations on, certain benefits paid by the Department of Veterans Affairs (hereinafter, `VA') by the same percentage as the cost-of-living adjustment (hereinafter, `COLA') provided to Social Security recipients and VA pension beneficiaries that become effective on the same date. The COLA would apply to:
- 1. basic compensation rates for veterans with service-connected disabilities and the rates payable for certain severe disabilities;
- 2. the allowance for spouses, children, and dependent parents paid to service-connected disabled veterans rated 30 percent or more disabled;
- 3. the annual clothing allowance paid to veterans whose compensable disability requires the use of a prosthetic or orthopedic appliance (including a wheelchair) that tends to tear or wear out clothing or requires the use of a medication prescribed by a physician for a service-connected skin condition if the medication causes irreparable damage to the veteran's outergarments; and
- 4. the dependency and indemnity compensation (hereinafter, `DIC') rates paid to:
- (a) surviving spouses of veterans whose deaths were service-connected;
- (b) surviving spouses for dependent children below the age of 18;
- (c) surviving spouses who are so disabled that they need aid and attendance or are permanently housebound;
- (d) surviving spouses covered under section 1318 of title 38, United States Code; and
- (e) the children of veterans whose deaths were service-connected if no surviving spouse is entitled to DIC, the child is age 18 through 22 and attending an approved educational institution, or the child is age 18 or over and became permanently incapable of self-support prior to reaching age 18.
The Committee bill would also codify benefit rates that were increased as a result of the Veterans' Compensation Cost-of-Living Adjustment Act of 2007, Public Law 110-111.
The Congressional Budget Office (hereinafter, `CBO') currently estimates that the COLA to be provided to Social Security recipients in 2009 will be 2.8 percent.
BACKGROUND AND DISCUSSION
A. Disability compensation
The service-connected disability compensation program under chapter 11 of title 38, United States Code, provides monthly cash benefits to veterans who have disabilities incurred or aggravated during active duty in the Armed Forces.
The amount of compensation paid depends on the nature and severity of the veteran's disability or combination of disabilities and the extent to which the disability impairs earning capacity. VA rates compensable disabilities according to its Schedule for Rating Disabilities on a graduated scale ranging from 10 to 100 percent, in 10 percent increments. VA pays higher monthly rates (known as `special monthly compensation') to disabled veterans with certain specific, very severe disabilities or combinations of disabilities.
According to VA, as set forth in its fiscal year 2009 budget, the department estimates that it will provide disability compensation to 3,014,841 veterans with service-connected disabilities in fiscal year 2009. Among the veterans estimated to receive such compensation are 2 World War I veterans; 267,250 World War II veterans; 157,690 Korean-conflict veterans; 1,031,410 Vietnam-era veterans; 956,090 veterans of the Persian Gulf War era; and 602,399 veterans who served during peacetime.
A veteran with a disability rated at 30 percent or more may receive additional compensation on behalf of the veteran's spouse, children, and dependent parents. These dependents' allowances are prorated according to the percentage of disability.
B. Dependency and indemnity compensation
Under chapter 13 of title 38, United States Code, VA pays DIC to the survivors of servicemembers or veterans who died on or after January 1, 1957, from a disease or injury incurred or aggravated during military service. Survivors eligible for DIC include surviving spouses, unmarried children under the age of 18, children age 18 or older who are permanently incapable of self-support, children between the ages of 18 and 22 who are enrolled in school, and certain needy parents. Under section 5312 of title 38, United States Code, parents' DIC rates are adjusted automatically at the same time and by the same percentage as Social Security and VA pension benefits. Surviving spouses, children, and parents who are receiving death compensation based on deaths before January 1, 1957, may elect to receive DIC instead of death compensation.
For deaths on or after January 1, 1957, but prior to January 1, 1993, surviving spouses received DIC at rates determined by the pay grade (service rank) of the deceased veteran. For deaths on or after January 1, 1993, DIC is paid at a flat rate. Surviving spouses currently receive $1,091 per month and, if the deceased veteran was totally disabled for eight years prior to death, an additional $233 per month. Surviving spouses who had been receiving benefits under the prior DIC program are paid under whichever program will pay the higher benefit.
A surviving spouse who is so disabled as to be housebound or in need of regular aid and attendance is eligible to receive an additional amount. A surviving spouse also may receive additional allowances on behalf of the veteran's surviving children.
Children are entitled to DIC if there is no surviving spouse, if they are 18 years of age or older and became permanently incapable of self-support before reaching age 18, or if they are 18 to 22 years old and pursuing an approved course of education.
Parents of deceased veterans whose incomes are below statutorily prescribed income thresholds are eligible for DIC under section 1315 of title 38, United States Code. As previously noted, parents' DIC rates are adjusted automatically at the same time and by the same percentage as Social Security and VA pension benefits.
In its fiscal year 2009 budget, VA estimates that it will pay DIC benefits to 342,669 survivors, a total that includes surviving spouses, children, and needy surviving parents.
Under section 1318 of title 38, United States Code, VA pays benefits at DIC rates to the surviving spouses and children of veterans whose deaths are not service-connected if the veteran, immediately prior to his or her death, had been receiving (or had been entitled to receive) compensation at the 100 percent rate continuously for 10 or more years or for at least five years from the date of discharge or release from active duty. VA also pays DIC benefits to the surviving spouses and children of veterans who were former prisoners of war who die after September 30, 1999, and whose deaths were not service-connected if the veteran had been receiving (or had been entitled to receive) compensation at the 100 percent rate continuously for not less than one year preceding death.
Committee bill
The Committee bill would direct VA to compute and provide increases in the monthly rates of compensation and DIC, effective December 1, 2008. The rates would be increased by the same percentage as the Social Security and VA pension COLA that will take effect on that date. In accordance with section 8031 of the Balanced Budget Act of 1997 (Public Law 105-33), amounts of compensation so computed that are not even multiples of $1 will be rounded down to the next lower whole dollar amount. In 2003, this provision was extended until 2013 by section 706 of Public Law 108- 183.
The increases in DIC would automatically result in identical percentage increases in benefits paid at DIC rates under section 1318 of title 38, United States Code, to the surviving spouses and children of veterans who had a service-connected disability at the time of death for which they continuously were rated totally disabled for at least (1) 10 years, (2) five years from the date of discharge from active duty, or (3) one year if the veteran was a former prisoner of war who died after September 30, 1999, and whose death was not service-connected if the veteran had been receiving (or had been entitled to receive) compensation at the 100 percent rate continuously for not less than one year preceding death.
Under section 156(e)(1)(A) of Public Law 97-377, the DIC increases also would automatically result in the same percentage increases in Social Security benefits that were terminated by section 2205 of the Omnibus Budget Reconciliation Act of 1981 (hereinafter, `OBRA 1981') (Public Law 97-35). Prior to OBRA 1981, those Social Security benefits had been paid to certain surviving spouses of those who died on active duty or from a service-connected disability on behalf of their children under 18 and children over age 19 who were secondary-school students; OBRA 1981 reduced the eligibility cutoff age from 18 to 16 years old.
Section 314 of Public Law 100-322 amended section 156(a)(1) of Public Law 97-377, the Further Continuing Appropriations Act of 1993, to restore the benefits eliminated by OBRA 1981. The DIC increase also would apply to these restored benefits, effective December 1, 2000.
The CBO, in its most recent baseline, estimated that the Social Security COLA affecting fiscal year 2009 payments, and thus the COLA provided for by the Committee bill, will be 2.8 percent. The actual Social Security COLA could differ from this estimate. Rather than selecting any particular percentage adjustment at the time the Committee ordered the bill reported, the Committee followed its prior practice of setting the COLA by reference to the Social Security increase. The Committee believes this is the most equitable means of providing increases in these important service-connected benefits.
The Committee bill also contains a codification of benefit rates that were increased as a result of the Veterans' Compensation Cost-of-Living Adjustment Act of 2007, Public Law 110-111.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
In compliance with paragraph 11(a) of rule XXVI of the Standing Rules of the Senate, the Committee, based on information supplied by the CBO, estimates that enactment of the Committee bill would, relative to current law, increase spending by $857 million in 2009 and by $1.1 billion annually in subsequent years, but that such increases in spending are assumed in the budget resolution baseline and thus will have no budgetary effect relative to the baseline. Enactment of the Committee bill would not affect the budget of state, local, or tribal governments.
The cost estimate provided by CBO, setting forth a detailed breakdown of costs, follows:
Hon. DANIEL K. AKAKA,
Chairman, Committee on Veterans' Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2617, the Veterans' Compensation Cost-of-Living Adjustment Act of 2008.
If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Dwayne M. Wright.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
S. 2617--Veterans' Compensation Cost-of-Living Adjustment Act of 2008
S. 2617 would increase the amounts paid to veterans for disability compensation and to their survivors for dependency and indemnity compensation by the same cost-of-living adjustment (COLA) payable to Social Security recipients. The increase would take effect on December 1, 2008, and the results of the adjustment would be rounded to the next lower dollar. S. 2617 also would codify the rates of disability compensation as adjusted by the 2007 COLA.
The COLA that would be authorized by this bill is assumed in CBO's baseline, pursuant to section 257 of the Balanced Budget and Emergency Deficit Control Act, and savings from rounding it down were achieved by the Balanced Budget Act of 1997 (Public Law 105-33) and extended to 2013 by the Veterans Benefits Act of 2003 (Public Law 108-183).
Because the COLA is assumed in CBO's baseline, the COLA provision would have no budgetary effect relative to that baseline. The additional costs assumed in the baseline are $857 million in 2009 and about $1.1 billion in subsequent years. This estimate assumes that the COLA effective on December 1, 2008, will be 2.8 percent.
The Social Security COLA, which would apply to the veterans' benefits, is based on the increase in the consumer price index for urban wage earners and clerical workers (CPI-W) from the third-quarter of one calendar year to the third-quarter of the next year. Through June 2008, the CPI-W had increased by 5.6 percent from its level in June 2007. It is therefore very likely that the veterans' COLA would be substantially greater than 2.8 percent and that CBO will revise its baseline projection upward to reflect a higher COLA.
S. 2617 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments.
On May 12, 2008, CBO transmitted a cost estimate for H.R. 5826, the Veterans' Compensation Cost-of-Living Adjustment Act of 2008, as ordered reported by the House Committee on Veterans' Affairs on April 30, 2008. The estimated costs of the two bills are identical.
The CBO staff contact for this estimate is Dwayne M. Wright. This estimate was approved by Peter H. Fontaine, Assistant Director for Budget Analysis.
REGULATORY IMPACT STATEMENT
In compliance with paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, the Committee on Veterans' Affairs has made an evaluation of the regulatory impact that would be incurred in carrying out the Committee bill. The Committee finds that S. 2617 would not entail any regulation of individuals or businesses or result in any impact on the personal privacy of any individuals and that the paperwork resulting from enactment would be minimal.
TABULATION OF VOTES CAST IN COMMITTEE
In compliance with paragraph 7(b) of rule XXVI of the Standing Rules of the Senate, the following is a tabulation of votes cast in person or by proxy by members of the Committee on Veterans' Affairs at its June 26, 2008, meeting. On that date, the Committee, by voice vote, ordered to report S. 2617, as amended, a bill to increase, effective as of December 1, 2008, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans.
AGENCY REPORT
On May 7, 2008, Keith Pedigo, Associate Deputy Under Secretary for Policy and Program Management, Department of Veterans Affairs, appeared before the Committee on Veterans' Affairs and submitted testimony on, among other things, S. 2617. Excerpts from this statement are reprinted below:
STATEMENT OF KEITH PEDIGO, ASSOCIATE DEPUTY UNDER SECRETARY FOR POLICY AND PROGRAM MANAGEMENT, DEPARTMENT OF VETERANS AFFAIRS
Mr. Chairman and Members of the Committee, good morning. I am pleased to be here today to provide the Department of Veterans Affairs (VA) views on pending benefits legislation. I will not be able to address a few of the bills on today's agenda because VA received them in insufficient time to coordinate the Administration's position and cost estimates, but we will provide that information in writing for the record.
* * * * * * *
S. 2617, the `Veterans' Compensation Cost-of-Living Adjustment Act of 2008,' would authorize a cost-of-living adjustment (COLA) in the rates of disability compensation and dependency and indemnity compensation (DIC). This bill would direct the Secretary of Veterans Affairs to increase administratively the rates of compensation for service-disabled veterans and of DIC for the survivors of veterans whose deaths are service related, effective December 1, 2008. Consistent with the President's FY 2009 budget request, the rate of increase would be the same as the COLA that will be provided under current law to Social Security recipients, which is currently estimated to be 2.5 percent. We believe this COLA is necessary and appropriate to protect the benefits of affected veterans and their survivors from the eroding effects of inflation. These worthy beneficiaries deserve no less.
We estimate that enactment of this bill would cost $687.2 million during FY 2009, $4.2 billion over the 5-year period FY 2009 through FY 2013, and $9.2 billion over the 10-year period FY 2009 through FY 2018. However, the cost is already assumed in the budget baseline, and, therefore, enactment of this provision would not result in any additional cost.
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CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the Committee bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman):
TITLE 38. VETERANS' BENEFITS
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PART II. GENERAL BENEFITS
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CHAPTER 11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
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SUBCHAPTER II. WARTIME DISABILITY COMPENSATION
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SEC. 1114. RATES OF WARTIME DISABILITY COMPENSATION
For the purposes of section 1110 of this title--
(a) if and while the disability is rated 10 percent the monthly compensation shall be [Struck out->][ $115 ][<-Struck out] $117;
(b) if and while the disability is rated 20 percent the monthly compensation shall be [Struck out->][ $225 ][<-Struck out] $230;
(c) if and while the disability is rated 30 percent the monthly compensation shall be [Struck out->][ $348 ][<-Struck out] $356;
(d) if and while the disability is rated 40 percent the monthly compensation shall be [Struck out->][ $501 ][<-Struck out] $512;
(e) if and while the disability is rated 50 percent the monthly compensation shall be [Struck out->][ $712 ][<-Struck out] $728;
(f) if and while the disability is rated 60 percent the monthly compensation shall be [Struck out->][ $901 ][<-Struck out] $921;
(g) if and while the disability is rated 70 percent the monthly compensation shall be [Struck out->][ $1,135 ][<-Struck out] $1,161;
(h) if and while the disability is rated 80 percent the monthly compensation shall be [Struck out->][ $1,319 ][<-Struck out] $1,349;
(i) if and while the disability is rated 90 percent the monthly compensation shall be [Struck out->][ $1,483 ][<-Struck out] $1,517;
(j) if and while the disability is rated as total the monthly compensation shall be [Struck out->][ $2,471 ][<-Struck out] $2,527;
(k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the rate of compensation therefor shall be [Struck out->][ $89 ][<-Struck out] $91 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (s) of this section but in no event to exceed [Struck out->][ $3,075 ][<-Struck out] $3,145 per month; and in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection, in addition to the requirement for any of the rates specified in subsections (l) through (n) of this section, the rate of compensation shall be increased by [Struck out->][ $89 ][<-Struck out] $91 per month for each such loss or loss of use, but in no event to exceed [Struck out->][ $4,313 ][<-Struck out] $4,412 per month;
(l) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or is permanently bedridden or with such significant disabilities as to be in need of regular aid and attendance, the monthly compensation shall be [Struck out->][ $3,075 ][<-Struck out] $3,145;
(m) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both hands, or of both legs at a level, or with complications, preventing natural knee action with prostheses in place, or of one arm and one leg at levels, or with complications, preventing natural elbow and knee action with prostheses in place, or has suffered blindness in both eyes having only light perception, or has suffered blindness in both eyes, rendering such veteran so significantly disabled as to be in need of regular aid and attendance, the monthly compensation shall be [Struck out->][ $3,392 ][<-Struck out] $3,470;
(n) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both arms at levels, or with complications, preventing natural elbow action with prostheses in place, has suffered the anatomical loss of both legs so near the hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of one arm and one leg so near the shoulder and hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of both eyes, or has suffered blindness without light perception in both eyes, the monthly compensation shall be [Struck out->][ $3,860 ][<-Struck out] $3,948;
(o) if the veteran, as the result of service-connected disability, has suffered disability under conditions which would entitle such veteran to two or more of the rates provided in one or more subsections (l) through (n) of this section, no condition being considered twice in the determination, or if the veteran has suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 60 percent or more disabling and the veteran has also suffered service-connected total blindness with 20/200 visual acuity or less, or if the veteran has suffered service-connected total deafness in one ear or bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less, or if the veteran has suffered the anatomical loss of both arms so near the shoulder as to prevent the use of prosthetic appliances, the monthly compensation shall be [Struck out->][ $4,313 ][<-Struck out] $4,412;
(p) in the event the veteran's service-connected disabilities exceed the requirements for any of the rates prescribed in this section, the Secretary may allow the next higher rate or an intermediate rate, but in no event in excess of [Struck out->][ $4,313 ][<-Struck out] $4,412. In the event the veteran has suffered service-connected blindness with 5/200 visual acuity or less and (1) has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at no less than 30 percent disabling, the Secretary shall allow the next higher rate, or (2) has also suffered service-connected total deafness in one ear or service-connected anatomical loss or loss of use of one hand or one foot, the Secretary shall allow the next intermediate rate, but in no event in excess of [Struck out->][ $4,313 ][<-Struck out] $4,412. In the event the veteran has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 10 or 20 percent disabling, the Secretary shall allow the next intermediate rate, but in no event in excess of [Struck out->][ $4,313 ][<-Struck out] $4,412. In the event the veteran has suffered the anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities, the Secretary shall allow the next higher rate or intermediate rate, but in no event in excess of [Struck out->][ $4,313 ][<-Struck out] $4,412. Any intermediate rate under this subsection shall be established at the arithmetic mean, rounded down to the nearest dollar, between the two rates concerned;
(r) Subject to section 5503(c) of this title, if any veteran, otherwise entitled to compensation authorized under subsection (o) of this section, at the maximum rate authorized under subsection (p) of this section, or at the intermediate rate authorized between the rates authorized under subsections (n) and (o) of this section and at the rate authorized under subsection (k) of this section, is in need of regular aid and attendance, then, in addition to such compensation--
- (1) the veteran shall be paid a monthly aid and attendance allowance at the rate of [Struck out->]
[ $1,851 ][<-Struck out] $1,893; or- (2) if the veteran, in addition to such need for regular aid and attendance, is in need of a higher level of care, such veteran shall be paid a monthly aid and attendance allowance at the rate of [Struck out->]
[ $2,757 ][<-Struck out] $2,820, in lieu of the allowance authorized in clause (1) of this subsection, if the Secretary finds that the veteran, in the absence of the pro vision of such care, would require hospitalization, nursing home care, or other residential institutional care.For the purposes of clause (2) of this subsection, need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. The existence of the need for such care shall be determined by a physician employed by the Department or, in areas where no such physician is available, by a physician carrying out such function under contract or fee arrangement based on an examination by such physician. For the purposes of section 1134 of this title, such allowance shall be considered as additional compensation payable for disability.
(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 percent or more, or, (2) by reason of such veteran's service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be [Struck out->][ $2,766 ][<-Struck out] $2,829. 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 such veteran's 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 such veteran's lifetime.
SEC. 1115. ADDITIONAL COMPENSATION FOR DEPENDENTS
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(1) If and while rated totally disabled and--
- (A) has a spouse but no child, [Struck out->]
[ $139 ][<-Struck out] $142;- (B) has a spouse and one or more children, [Struck out->]
[ $240 ][<-Struck out] $245 plus [Struck out->][ $70 ][<-Struck out] $71 for each child in excess of one;- (C) has no spouse but one or more children, [Struck out->]
[ $94 ][<-Struck out] $96 plus [Struck out->][ $70 ][<-Struck out] $71 for each child in excess of one;- (D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, [Struck out->]
[ $112 ][<-Struck out] $114 for each parent so dependent;- (E) notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse who is (i) a patient in a nursing home or (ii) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person, shall be [Struck out->]
[ $265 ][<-Struck out] $271 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section; and- (F) notwithstanding the other provisions of this paragraph, 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 [Struck out->]
[ $222 ][<-Struck out] $227 for a totally disabled veteran and proportionate amounts for partially dis abled veterans in accordance with paragraph (2) of this section.* * * * * * *
SUBCHAPTER VI--GENERAL COMPENSATION PROVISIONS
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SEC. 1162. CLOTHING ALLOWANCE
The Secretary under regulations which the Secretary shall prescribe, shall pay a clothing allowance of [Struck out->][ $662 ][<-Struck out] $677 per year to each veteran who--
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CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS
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SUBCHAPTER II--DEPENDENCY AND INDEMNITY COMPENSATION
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SEC. 1311. DEPENDENCY AND INDEMNITY COMPENSATION TO A SURVIVING SPOUSE
(a)(1) Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of [Struck out->][ $1,067 ][<-Struck out] $1,091.
(2) The rate under paragraph (1) shall be increased by [Struck out->][ $228 ][<-Struck out] $233 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran's disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.
(3) * * *
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[Struck out->][ Pay grade ][<-Struck out] Monthly rate Pay grade Monthly rate
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[Struck out->][ E-1 ][<-Struck out] $1,067 W-4 $1,276
E-2 $1,067 O-1 $1,128
E-3 $1,067 O-2 $1,165
E-4 $1,067 O-3 $1,246
E-5 $1,067 O-4 $1,319
E-6 $1,067 O-5 $1,452
E-7 $1,104 O-6 $1,637
E-8 $1,165 O-7 $1,768
E-9 1 $1,215 O-8 $1,941
W-1 $1,128 O-9 $2,076
W-2 $1,172 O-10 2 $2,276
W-3 $1,207
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Pay grade Monthly rate Pay grade Monthly rate
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E-1 $1,091 W-4 $1,305
E-2 $1,091 O-1 $1,153
E-3 $1,091 O-2 $1,191
E-4 $1,091 O-3 $1,274
E-5 $1,091 O-4 $1,349
E-6 $1,091 O-5 $1,485
E-7 $1,129 O-6 $1,674
E-8 $1,191 O-7 $1,808
E-9 1 $1,242 O-8 $1,985
W-1 $1,153 O-9 $2,123
W-2 $1,1984 O-10 2 $2,328
W-3 $1,234
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(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by [Struck out->][ $265 ][<-Struck out] $271 for each such child.
(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by [Struck out->][ $265 ][<-Struck out] $271 if the spouse is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.
(d) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by [Struck out->][ $126 ][<-Struck out] $128 if the surviving spouse is, by reason of disability, permanently housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this subsection, the requirement of `permanently housebound' will be considered to have been met when the surviving spouse is substantially confined to such surviving spouse's home (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will remain throughout such surviving spouse's lifetime.
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SEC. 1313. DEPENDENCY AND INDEMNITY COMPENSATION TO CHILDREN
(a) Whenever there is no surviving spouse 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 veteran at the following monthly rates:
- (1) one child, [Struck out->]
[ $452 ][<-Struck out] $462;- (2) two children, [Struck out->]
[ $649 ][<-Struck out] $663;- (3) three children, [Struck out->]
[ $846 ][<-Struck out] $865; and- (4) more than three children, [Struck out->]
[ $846 ][<-Struck out] $865, plus [Struck out->][ $162 ][<-Struck out] $165 for each child in excess of three.* * * * * * *
SEC. 1314. 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 such child shall be increased by [Struck out->][ $265 ][<-Struck out] $271.
(b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse) who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of [Struck out->][ $452 ][<-Struck out] $462.
(c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person's deceased spouse) 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 surviving spouse, in the amount of [Struck out->][ $225 ][<-Struck out] $230.