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Court OpinionsState LawsAlabama US Code1 USC - General Provisions US Constitution |
38 USC 5111 - Commencement of period of paymentLegal Research Home > US Code > Veterans' Benefits > 38 USC 5111 - Commencement of period of payment Sec. 5111. Commencement of period of payment(a) Notwithstanding section 5110 of this title or any other provision of law and except as provided in subsection (c) of this section, payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under section 5110 of this title or such other provision of law.(b) (1) Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased award as provided under section 5110 of this title or other provision of law and the commencement of the period of payment based on such award as provided under subsection (a) of this section, an individual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Secretary. (2) If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with section 5305 of this title, such waiver shall not become effective until the first day of the month following the month in which such waiver is filed, and nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date. (c) (1) This section shall 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. (2) In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment commences and terminates within the same calendar month, the period of payment shall commence on the first day of such month. (d) For the purposes of this section, the term "award or increased award" means— (1) an original or reopened award; or (2) an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income. Sections: Previous 5106 5107 5108 5109 5109A 5109B 5110 5111 5112 5113 5120 5121 5121A 5122 5123 Next Last modified: July 21, 2011 |
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