U.S. Code » Title 38 » Part PART I— GENERAL PROVISIONS › Chapter CHAPTER 1— GENERAL

38 U.S.C. § 102

Dependent parents

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(a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.(b) Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.(c) For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89–358, § 4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92–540, title IV, § 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–432, title IV, § 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99–576, title VII, § 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102–54, § 14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)Editorial NotesAmendments

1991—Subsecs. (a), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary shall” for “Administrator shall”.

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Pub. L. 102–54 substituted “(c)” for “(C)” as subsec. designation.

1986—Pub. L. 99–576, § 701(1)(B), substituted “Dependent parents” for “Dependent parents; husbands” in section catchline.

Subsec. (a). Pub. L. 99–576, § 701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C).

Subsec. (b). Pub. L. 99–576, § 701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b) and substituted “(1)” and “(2)” for “(A)” and “(B)”, respectively. Former subsec. (b), which read “For the purposes of this title, (1) the term ‘wife’ includes the husband of any female veteran; and (2) the term ‘widow’ includes the widower of any female veteran”, was struck out.

Subsec. (c). Pub. L. 99–576, § 701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted “For the purposes of this section,” for “For the purposes of this subsection”.

1976—Subsec. (a)(2). Pub. L. 94–432 substituted prohibition against denial of dependency of a parent “(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support” for such prohibition “(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator”.

1972—Pub. L. 92–540, § 408(2), substituted “Dependent parents; husbands” for “Dependent parents and dependent husbands” in section catchline.

Subsec. (b). Pub. L. 92–540, § 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of “wife” and “widow” provisions relating to the ability of such persons to maintain and support themselves.

1966—Subsec. (a)(2). Pub. L. 89–358, § 4(e), substituted “Dependency” for “Except for the purposes of chapter 33 of this title, dependency”.

Subsec. (b). Pub. L. 89–358, § 4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title.

Statutory Notes and Related SubsidiariesEffective Date of 1976 Amendment

Amendment by Pub. L. 94–432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94–432, set out as a note under section 1521 of this title.

Notes of Decisions
Cited in 9 cases, 1957–2012 · leading case: Frontiero v. Richardson, 411 U.S. 677 (1973).
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Frontiero v. Richardson, 411 U.S. 677 (1973). · cites it 2× “1961 ; 38 U. S. C. § 102 (b), as amended, 86 Stat.”
Paeco, Inc., in No. 76-1495 v. Applied Moldings, Inc. & Michael R. Sigal, in No. 76-1496 v. Arlen Realty & Dev. Corp, 562 F.2d 870 (3d Cir. 1977). “38 U.S.C. § 102 (a) provides: A person shall be entitled to a patent unless— (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent.”
Silbowitz v. Sec'y of Health, Educ. & Welfare, 397 F. Supp. 862 (S.D. Fla. 1975). “” In October, 1972, Congress amended 38 U.S.C. § 102 (b) which defines the term “dependent” for the purpose of determining the amount of education assistance allowance armed forces veterans are eligible to receive.”
Gostovich v. Valore, 153 F. Supp. 826 (W.D. Pa. 1957). · cites it 2× “Schlesinger is, of course, in conflict with 38 U.S.C.A. § 102 , which limits fees to attorneys practicing before the Veterans Administration to amounts not exceeding $10.”
Descamp Est., 175 A.2d 827 (Pa. 1961). “, passed by Congress in 1946, supersedes 38 U.S.C.A. §102 et seq., which became effective in 1936.”
Drago Gostovich v. A. Valore, Adjudication Officer, Vets. Admin., Pittsburgh, Pennsylvania, 257 F.2d 144 (3d Cir. 1958). “As a result of the Veterans’ Benefits Act of 1957, which became effective January 1, 1958, 38 U.S.C.A. § 102 is now 38 U.S. C.A. § 3604.”
Merlin M. Evans v. Robert C. Watson, Comm'r of Patents, 269 F.2d 775 (D.C. Cir. 1959). “§ 261 , the Veterans Administration Statute, 38 U.S. C.A. § 102, * the Department of the Interior Statute, 5 U.”
Michele D. Burden v. Eric K. Shinseki, 25 Vet. App. 178 (Vet. App. 2012). “38 U.S.C. § 102 (31); see also 38 U.S.C. § 101 (3) (defining "surviving spouse” for purposes of title 38 as, inter alia, "a person of the opposite sex who was a spouse of the veteran at the time of the veteran's death"); 38 C.”
Kolmes v. World Elastic Corp., 882 F. Supp. 1565 (M.D.N.C. 1994). “Defendant also alleges that Plaintiffs were not the first to invent the patented yarn, as required by 38 U.S.C. § 102 (a). However, the court has not found evidence of a prior date of invention by any other party.”
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