38 USC § 1161 - Payment of disability compensation in disability severance cases

---
identifier: "/us/usc/t38/s1161"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1161 - Payment of disability compensation in disability severance cases"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1161"
section_name: "Payment of disability compensation in disability severance cases"
chapter_number: 11
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
subchapter_number: "VI"
subchapter_name: "GENERAL COMPENSATION PROVISIONS"
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: "(Added Pub. L. 91–241, May 7, 1970, 84 Stat. 203, § 361; amended Pub. L. 94–433, title IV, § 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–160, title VII, § 702(4), Nov. 21, 1983, 97 Stat. 1009; renumbered § 1161 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110–181, div. A, title XVI, § 1646(c), as added Pub. L. 110–389, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4148.)"
---


# § 1161. Payment of disability compensation in disability severance cases

section 1212(d) of title 10

The deduction of disability severance pay from disability compensation, to the extent required by , shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating.

---

**Source Credit**: (Added Pub. L. 91–241, May 7, 1970, 84 Stat. 203, § 361; amended Pub. L. 94–433, title IV, § 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–160, title VII, § 702(4), Nov. 21, 1983, 97 Stat. 1009; renumbered § 1161 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110–181, div. A, title XVI, § 1646(c), as added Pub. L. 110–389, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4148.)

## Editorial Notes

### Amendments

2008—, as added by , substituted “to the extent required by ” for “as required by ”.

1991—, renumbered  as this section.

, (4), substituted “Department” for “Veterans’ Administration”.

1983— struck out “United States Code,” after “title 10,”.

1976— substituted “such former member’s” for “his”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

> “The amendments made by subsection (a) [adding section 1646(c) to
> 
> and provisions set out as a note under
> 
> , Armed Forces] shall take effect on
> 
> (the date of the enactment of the Wounded Warrior Act [title XVI of
> 
> ]), as if included in that Act, to which they relate.”

, , , provided that:

Amendment by  effective , and applicable with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see , set out as a note under , Armed Forces.

### Effective Date of 1976 Amendment

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