38 USC § 1323 - Certifications with respect to circumstances of death

---
identifier: "/us/usc/t38/s1323"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1323 - Certifications with respect to circumstances of death"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1323"
section_name: "Certifications with respect to circumstances of death"
chapter_number: 13
chapter_name: "DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS"
subchapter_number: "III"
subchapter_name: "CERTIFICATIONS"
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. 1133, § 423; Pub. L. 94–433, title IV, § 405(19), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 102–54, § 14(b)(4), June 13, 1991, 105 Stat. 283; renumbered § 1323 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), (3)(A), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)"
---


# § 1323. Certifications with respect to circumstances of death

section 1476(a) of title 10

Whenever the Secretary determines on the basis of a claim for benefits filed with the Secretary that a death occurred under the circumstances referred to in , the Secretary shall certify that fact to the Secretary concerned. In all other cases, the Secretary shall make the determination referred to in such section at the request of the Secretary concerned.

---

**Source Credit**: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1133, § 423; Pub. L. 94–433, title IV, § 405(19), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 102–54, § 14(b)(4), June 13, 1991, 105 Stat. 283; renumbered § 1323 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), (3)(A), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)

## Editorial Notes

### Prior Provisions

Prior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to 1436, and 1500 were renumbered sections 3001, 3002, 3011 to 3019, 3021 to 3023, 3031 to former 3036, and 3100 of this title, respectively.

### Amendments

1991—, renumbered  as this section.

, substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline.

, (2)(E), substituted “Secretary determines” for “Administrator determines”, “Secretary that” for “Administrator that”, and in two places “Secretary shall” for “Administrator shall”.

struck out “or ,” after “title 10,” and “1476(a) or 321(b)” after “such section”.

1976— substituted “with the Administrator” for “with him” and “the Administrator” for “he” before “shall certify” and “shall make”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1976 Amendment

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