(a)
(1) Notwithstanding section 5110 of this title or any other provision of law and except as provided in paragraph (2) and subsection (c), 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.
(2)
(A) In the case of a veteran who is retired or separated from the active military, naval, or air service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under
section 5110 of this title or another applicable provision of law.
(B) For the purposes of this paragraph, the term “catastrophic disability”, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.
Amendments
2012—Subsec. (c)(1). Pub. L. 112–154 substituted “not apply to payments made pursuant to section 5310 of this title” for “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”.
2010—Subsec. (a). Pub. L. 111–275 designated existing provisions as par. (1), substituted “in paragraph (2) and subsection (c)” for “in subsection (c) of this section”, and added par. (2).
1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3011 of this title as this section.
Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010” in two places.
Subsec. (b)(1). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010”.
Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105”.
Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted “5310” for “3110”.
1984—Subsec. (c). Pub. L. 98–223 designated existing provisions as par. (1) and added par. (2).
Effective Date of 2012 Amendment
Pub. L. 112–154, title V, § 507(c), Aug. 6, 2012, 126 Stat. 1194, provided that:
“The amendments made by this section [amending this section and
section 5310 of this title] shall take effect on the date of the enactment of this Act [Aug. 6, 2012], and shall apply with respect to deaths that occur on or after that date.”
Effective Date of 2010 Amendment
Pub. L. 111–275, title VI, § 605(b), Oct. 13, 2010, 124 Stat. 2886, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2011, and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.”
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–223 effective Oct. 1, 1983, see section 114 of Pub. L. 98–223, set out as a note under section 1112 of this title.
Effective Date
Pub. L. 97–253, title IV, § 401(b), Sept. 8, 1982, 96 Stat. 802, provided that:
“Section 3011 [now 5111] of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after September 30, 1982.”