The Secretary shall, except as hereinafter provided, upon application by the insured and proof of good health satisfactory to the Secretary and payment of such extra premium as the Secretary shall prescribe, include in any National Service Life Insurance policy on the life of the insured (except a policy issued under section 620 of the National Service Life Insurance Act of 1940, or section 1922 of this title) provisions whereby an insured who is shown to have become totally disabled for a period of six consecutive months or more commencing after the date of such application and before attaining the age of sixty-five and while the payment of any premium is not in default, shall be paid monthly disability benefits from the first day of the seventh consecutive month of and during the continuance of such total disability of $10 for each $1,000 of such insurance in effect when such benefits become payable. The total disability provision authorized under this section shall not be issued unless application therefor is made either prior to the insured’s fifty-fifth birthday, or before the insured’s sixtieth birthday and prior to January 1, 1966. The total disability provision authorized under this section shall not be added to a policy containing the total disability coverage heretofore issued under section 602(v) of the National Service Life Insurance Act of 1940, or the provisions of this section as in effect before January 1, 1965, except upon surrender of such total disability coverage, proof of good health, if required, satisfactory to the Secretary, and payment of such extra premium as the Secretary shall determine is required in such cases. Participating policies containing additional provisions for the payment of disability benefits may be separately classified for the purpose of dividend distribution from otherwise similar policies not containing such benefits.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1999–2024 · leading case:
Lee v. West, 13 Vet. App. 388 (Vet. App. 2000).
Lee v. West, 13 Vet. App. 388 (Vet. App. 2000).
· cites it 8× “After the appellant filed a brief, after the Secretary filed a motion for summary affir-mance, and after the appellant filed a response in opposition to that motion, the Court ordered the Secretary to file a supplemental memorandum addressing whether TDIP para.”
Lee v. West, 12 Vet. App. 545 (Vet. App. 1999).
· cites it 2× “38 U.S.C. § 1915 (emphasis added). Neither party has addressed the question whether the disability-benefits provision in the appellant’s NSLI policy is consistent with the statutory requirements in 38 U.”
Williams v. Barometre (S.D.N.Y. 2020).
“2013); see also 38 U.S.C. § 1915 (4) (“The officers of the court shall issue and serve all process .”
Wilson v. McDonough (Fed. Cir. 2024).
“Wilson does urge this court to “compel the Secretary to adjudicate service connection compensation” pursuant to 38 U.S.C. § 1915 . See Wilson’s Informal Br.”
Lee v. Gober, 14 Vet. App. 204 (Vet. App. 2000).
“On March 14, 2000, the Court reversed the BVA decision on appeal and remanded the matter “for the assignment of an [earlier] effective date for payments under the TDIP in accordance with 38 U.S.C. § 1915 and th[at] opinion”. Lee (Raymond) v.”
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