U.S. Code » Title 38 » Part PART II— GENERAL BENEFITS › Chapter CHAPTER 15— PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE › Subchapter SUBCHAPTER II— VETERANS’ PENSIONS

38 U.S.C. § 1513

Veterans 65 years of age and older

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(a) The Secretary shall pay to each veteran of a period of war who is 65 years of age or older and who meets the service requirements of section 1521 of this title (as prescribed in subsection (j) of that section) pension at the rates prescribed by section 1521 of this title and under the conditions (other than the permanent and total disability requirement) applicable to pension paid under that section.(b) If a veteran is eligible for pension under both this section and section 1521 of this title, pension shall be paid to the veteran only under section 1521 of this title.(Added Pub. L. 107–103, title II, § 207(a)(1), Dec. 27, 2001, 115 Stat. 991; amended Pub. L. 109–233, title V, § 503(2), June 15, 2006, 120 Stat. 416.)Editorial NotesPrior Provisions

Prior sections 1513 to 1520 were renumbered sections 3113 to 3120 of this title, respectively.

Amendments

2006—Subsec. (a). Pub. L. 109–233 inserted “section” after “prescribed by”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 107–103, title II, § 207(c), Dec. 27, 2001, 115 Stat. 991, provided that: “The amendments made by this section [enacting this section and amending sections 1521 and 1522 of this title] shall take effect as of September 17, 2001.”

Notes of Decisions
Cited in 6 cases, 2006–2014 · leading case: Howard E. Chandler v. Eric K. Shinseki, 24 Vet. App. 23 (Vet. App. 2010).
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Howard E. Chandler v. Eric K. Shinseki, 24 Vet. App. 23 (Vet. App. 2010). · cites it 14× “Chandler reasoned that 38 U.S.C. § 1513 (a) eliminated the need to prove that he has a disability rated as permanent and total now that he is over the age of 65, and he meets the remaining requirements of § 1521(e).”
Robert A. Hartness v. R. James Nicholson, 20 Vet. App. 216 (Vet. App. 2006). · cites it 14× “See 38 U.S.C. §§ 1513 , 1521(e); 38 C.F.R. § 3.”
Chandler v. SHINSEKI, 676 F.3d 1045 (Fed. Cir. 2012). · cites it 3× “§ 1521 (e) (2001) in view of the Veterans Court’s interpretation of 38 U.S.C. § 1513 (a) (2006) in Hartness v.”
Antonio Pacheco v. Eric K. Shinseki, 26 Vet. App. 413 (Vet. App. 2014). “For example, a veteran age 65 or older does not need to identify a specific disability when applying for pension because 38 U.S.C. § 1513 (a) “eliminates the permanent and total disability requirement in [section] 1521(a)” for such a veteran.”
Heckman v. Dept. Of Vets. Affairs, 493 F. App'x 95 (Fed. Cir. 2012). · cites it 2× “Pursuant to 38 U.S.C. §§ 1513 and 1521, a “veteran ..”
11-12 664 (Board of Vet. App. 2012). “38 U.S.C.A. § 1513 . The purpose of VA pension benefits is to provide a subsistence income for veterans of a period of war who are totally disabled and who are otherwise unable to maintain a basic, minimal income level.”
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