§ 1115. Additional compensation for dependents

§ 1115. Additional compensation for dependents

(1) If and while rated totally disabled and—

(A) has a spouse but no child, $150;

(B) has a spouse and one or more children, $259 plus $75 for each child in excess of one;

(C) has no spouse but one or more children, $101 plus $75 for each child in excess of one;

(D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, $120 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 $286 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 $240 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section.

(2) If and while rated partially disabled, but not less than 30 percent, in an amount having the same ratio to the amount specified in paragraph (1) of this section as the degree of disability bears to total disability. The amounts payable under this paragraph, if not a multiple of $1, shall be rounded down to the nearest dollar.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1121, § 315; Pub. L. 86–499, § 1, June 8, 1960, 74 Stat. 165; Pub. L. 89–137, § 1(b), Aug. 26, 1965, 79 Stat. 576; Pub. L. 89–311, § 2(a), (b), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 91–376, § 2, Aug. 12, 1970, 84 Stat. 788; Pub. L. 92–328, title I, § 102, June 30, 1972, 86 Stat. 394; Pub. L. 93–295, title I, § 102, May 31, 1974, 88 Stat. 181; Pub. L. 94–71, title I, § 102, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94–433, title I, § 102, title IV, § 404(9)–(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L. 95–117, title I, § 102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95–479, title I, § 102, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96–128, title I, § 102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96–385, title I, § 102, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97–66, title I, § 102, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97–253, title IV, §§ 404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97–306, title I, §§ 102, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98–223, title I, § 102, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98–543, title I, § 102, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99–238, title I, § 102, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99–576, title I, § 102, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100–227, title I, § 102, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100–687, div. B, title XI, § 1102, Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101–237, title I, § 102, Dec. 18, 1989, 103 Stat. 2063; Pub. L. 102–3, § 3, Feb. 6, 1991, 105 Stat. 8; renumbered § 1115 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, § 3, Nov. 12, 1991, 105 Stat. 986; Pub. L. 103–78, § 2, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103–140, § 3, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105–98, § 3, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106–118, § 3, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107–94, § 3, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107–330, title III, § 309(b), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108–454, title III, § 307(b), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109–111, § 2(b), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109–233, title V, § 502(3), June 15, 2006, 120 Stat. 415; Pub. L. 109–444, § 9(b), Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109–461, title X, §§ 1005(b), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110–324, § 3(b), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 111–37, § 3(b), June 30, 2009, 123 Stat. 1929.)

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

For increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.

Editorial Notes

Amendments

2009—Par. (1)(A). Pub. L. 111–37, § 3(b)(1), substituted “$150” for “$142”.

Par. (1)(B). Pub. L. 111–37, § 3(b)(2), substituted “$259” and “$75” for “$245” and “$71”, respectively.

Par. (1)(C). Pub. L. 111–37, § 3(b)(3), substituted “$101” and “$75” for “$96” and “$71”, respectively.

Par. (1)(D). Pub. L. 111–37, § 3(b)(4), substituted “$120” for “$114”.

Par. (1)(E). Pub. L. 111–37, § 3(b)(5), substituted “$286” for “$271”.

Par. (1)(F). Pub. L. 111–37, § 3(b)(6), substituted “$240” for “$227”.

2008—Par. (1)(A). Pub. L. 110–324, § 3(b)(1), substituted “$142” for “$139”.

Par. (1)(B). Pub. L. 110–324, § 3(b)(2), substituted “$245” and “$71” for “$240” and “$70”, respectively.

Par. (1)(C). Pub. L. 110–324, § 3(b)(3), substituted “$96” and “$71” for “$94” and “$70”, respectively.

Par. (1)(D). Pub. L. 110–324, § 3(b)(4), substituted “$114” for “$112”.

Par. (1)(E). Pub. L. 110–324, § 3(b)(5), substituted “$271” for “$265”.

Par. (1)(F). Pub. L. 110–324, § 3(b)(6), substituted “$227” for “$222”.

2006—Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Par. (1)(A). Pub. L. 109–461, § 1005(b)(1), substituted “$139” for “$135”.

Pub. L. 109–444, § 9(b)(1), which substituted “$139” for “$135”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Par. (1)(B). Pub. L. 109–461, § 1005(b)(2), substituted “$240” and “$70” for “$233” and “$68”, respectively.

Pub. L. 109–444, § 9(b)(2), which substituted “$240” and “$70” for “$233” and “$68”, respectively, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Par. (1)(C). Pub. L. 109–461, § 1005(b)(3), substituted “$94” and “$70” for “$91” and “$68”, respectively.

Pub. L. 109–444, § 9(b)(3), which substituted “$94” and “$70” for “$91” and “$68”, respectively, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Par. (1)(D). Pub. L. 109–461, § 1005(b)(4), substituted “$112” for “$109”.

Pub. L. 109–444, § 9(b)(4), which substituted “$112” for “$109”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Par. (1)(E). Pub. L. 109–461, § 1005(b)(5), substituted “$265” for “$257”.

Pub. L. 109–444, § 9(b)(5), which substituted “$265” for “$257”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Par. (1)(E)(ii). Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”.

Par. (1)(F). Pub. L. 109–461, § 1005(b)(6), substituted “$222” for “$215”.

Pub. L. 109–444, § 9(b)(6), which substituted “$222” for “$215”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

2005—Par. (1)(A). Pub. L. 109–111, § 2(b)(1), substituted “$135” for “$127”.

Par. (1)(B). Pub. L. 109–111, § 2(b)(2), substituted “$233” and “$68” for “$219” and “$65”, respectively.

Par. (1)(C). Pub. L. 109–111, § 2(b)(3), substituted “$91” and “$68” for “$86” and “$65”, respectively.

Par. (1)(D). Pub. L. 109–111, § 2(b)(4), substituted “$109” for “$103”.

Par. (1)(E). Pub. L. 109–111, § 2(b)(5), substituted “$257” for “$241”.

Par. (1)(F). Pub. L. 109–111, § 2(b)(6), substituted “$215” for “$202”.

2004—Par. (1)(A). Pub. L. 108–454, § 307(b)(1), substituted “$127” for “$125”.

Par. (1)(B). Pub. L. 108–454, § 307(b)(2), substituted “$219” and “$65” for “$215” and “$64”, respectively.

Par. (1)(C). Pub. L. 108–454, § 307(b)(3), substituted “$86” and “$65” for “$85” and “$64”, respectively.

Par. (1)(D). Pub. L. 108–454, § 307(b)(4), substituted “$103” for “$101”.

Par. (1)(E). Pub. L. 108–454, § 307(b)(5), substituted “$241” for “$237”.

Par. (1)(F). Pub. L. 108–454, § 307(b)(6), substituted “$202” for “$198”.

2002—Par. (1)(A). Pub. L. 107–330, § 309(b)(1), substituted “$125” for “$124”.

Par. (1)(B). Pub. L. 107–330, § 309(b)(2), substituted “$215” for “$213”.

Par. (1)(C). Pub. L. 107–330, § 309(b)(3), substituted “$85” for “$84”.

Par. (1)(D). Pub. L. 107–330, § 309(b)(4), substituted “$101” for “$100”.

Par. (1)(E). Pub. L. 107–330, § 309(b)(5), substituted “$237” for “$234”.

Par. (1)(F). Pub. L. 107–330, § 309(b)(6), substituted “$198” for “$196”.

2001—Par. (1)(A). Pub. L. 107–94, § 3(1), substituted “$124” for “$117”.

Par. (1)(B). Pub. L. 107–94, § 3(2), substituted “$213” and “$64” for “$201” and “$61”, respectively.

Par. (1)(C). Pub. L. 107–94, § 3(3), substituted “$84” and “$64” for “$80” and “$61”, respectively.

Par. (1)(D). Pub. L. 107–94, § 3(4), substituted “$100” for “$95”.

Par. (1)(E). Pub. L. 107–94, § 3(5), substituted “$234” for “$222”.

Par. (1)(F). Pub. L. 107–94, § 3(6), substituted “$196” for “$186”.

1999—Par. (1)(A). Pub. L. 106–118, § 3(1), substituted “$117” for “$114”.

Par. (1)(B). Pub. L. 106–118, § 3(2), substituted “$201” and “$61” for “$195” and “$60”, respectively.

Par. (1)(C). Pub. L. 106–118, § 3(3), substituted “$80” and “$61” for “$78” and “$60”, respectively.

Par. (1)(D). Pub. L. 106–118, § 3(4), substituted “$95” for “$92”.

Par. (1)(E). Pub. L. 106–118, § 3(5), substituted “$222” for “$215”.

Par. (1)(F). Pub. L. 106–118, § 3(6), substituted “$186” for “$180”.

1997—Par. (1)(A). Pub. L. 105–98, § 3(1), substituted “$114” for “$105”.

Par. (1)(B). Pub. L. 105–98, § 3(2), substituted “$195” and “$60” for “$178” and “$55”, respectively.

Par. (1)(C). Pub. L. 105–98, § 3(3), substituted “$78” and “$60” for “$72” and “$55”, respectively.

Par. (1)(D). Pub. L. 105–98, § 3(4), substituted “$92” for “$84”.

Par. (1)(E). Pub. L. 105–98, § 3(5), substituted “$215” for “$195”.

Par. (1)(F). Pub. L. 105–98, § 3(6), substituted “$180” for “$164”.

1993—Par. (1)(A). Pub. L. 103–140, § 3(1), substituted “$105” for “$103”.