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38 USC § 1122 - Rates of wartime death compensation

---
identifier: "/us/usc/t38/s1122"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1122 - Rates of wartime death compensation"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1122"
section_name: "Rates of wartime death compensation"
chapter_number: 11
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
subchapter_number: "III"
subchapter_name: "WARTIME DEATH COMPENSATION"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 322; Pub. L. 91–96, § 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91–588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92–197, § 9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93–295, title II, § 204, May 31, 1974, 88 Stat. 183; Pub. L. 94–169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94–432, title IV, § 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94–433, title IV, § 404(13)–(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95–204, title III, § 301, Dec. 2, 1977, 91 Stat. 1459; renumbered § 1122, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 502(3), June 15, 2006, 120 Stat. 415.)"
---

# § 1122. Rates of wartime death compensation

**(a)** The monthly rates of death compensation shall be as follows:

**(1)** Surviving spouse but no child, $87;

**(2)** Surviving spouse with one child, $121 (with $29 for each additional child);

**(3)** No surviving spouse but one child, $67;

**(4)** No surviving spouse but two children, $94 (equally divided);

**(5)** No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided);

**(6)** Dependent parent, $75;

**(7)** Both dependent parents, $40 each.

**(b)** The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee 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.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 322; Pub. L. 91–96, § 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91–588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92–197, § 9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93–295, title II, § 204, May 31, 1974, 88 Stat. 183; Pub. L. 94–169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94–432, title IV, § 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94–433, title IV, § 404(13)–(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95–204, title III, § 301, Dec. 2, 1977, 91 Stat. 1459; renumbered § 1122, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 502(3), June 15, 2006, 120 Stat. 415.)

## Editorial Notes

### Amendments

2006—Subsec. (b)(2).  substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”.

1991— renumbered  as this section.

1977—Subsec. (b).  substituted “$79” for “$74”.

1976—Subsec. (a). –(16), substituted “Surviving spouse” for “Widow” in pars. (1) and (2); “surviving spouse” for “widow” in pars. (3), (4), and (5); “parent” for “mother or father” in par. (6); and “Both dependent parents” for “Dependent mother and father” in par. (7).

Subsec. (b). , substituted “surviving spouse” for “widow”.

substituted “$74” for “$69”.

1975—Subsec. (b).  substituted, effective for period beginning , and ending , “$69” for “$64”.

1974—Subsec. (b).  substituted “$64” for “$55”.

1971—Subsec. (b).  extended benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55.

1970—Subsec. (b).  substituted “$55” for “$50”.

1969— designated existing provisions as subsec. (a) and added subsec. (b).

## Statutory Notes and Related Subsidiaries

### Effective Date of 1977 Amendment

> “The provisions of this Act [see Tables for classification] shall take effect
> 
> .”

, , , provided that:

### Effective Date of 1976 Amendments

Amendment by  effective , see , set out as a note under .

Amendment by  effective , see , set out as a note under .

### Effective Date of 1975 Amendment

, , , as amended by , eff. , provided that the amendment made by that section is effective .

### Effective Date of 1974 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1971 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1970 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1969 Amendment

Amendment by  effective first day of second calendar month which begins after , see , set out as a note under .