38 U.S.C. § 5111

Commencement of period of payment

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(a)(1) Notwithstanding section 5110 of this title or any other provision of law and except as provided in paragraph (2) and subsection (c), payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under section 5110 of this title or such other provision of law.(2)(A) In the case of a veteran who is retired or separated from the active military, naval, air, or space service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under section 5110 of this title or another applicable provision of law.(B) For the purposes of this paragraph, the term “catastrophic disability”, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.(b)(1) Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased award as provided under section 5110 of this title or other provision of law and the commencement of the period of payment based on such award as provided under subsection (a) of this section, an individual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Secretary.(2) If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with section 5305 of this title, such waiver shall not become effective until the first day of the month following the month in which such waiver is filed, and nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date.(c)(1) This section shall not apply to payments made pursuant to section 5310 of this title.(2) In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment commences and terminates within the same calendar month, the period of payment shall commence on the first day of such month.(d) For the purposes of this section, the term “award or increased award” means—(1) an original award or award based on a supplemental claim; or(2) an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income.(Added Pub. L. 97–253, title IV, § 401(a)(1), Sept. 8, 1982, 96 Stat. 801, § 3011; amended Pub. L. 98–223, title I, § 113, Mar. 2, 1984, 98 Stat. 40; renumbered § 5111 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 111–275, title VI, § 605(a), Oct. 13, 2010, 124 Stat. 2885; Pub. L. 112–154, title V, § 507(b), Aug. 6, 2012, 126 Stat. 1194; Pub. L. 115–55, § 2(m), Aug. 23, 2017, 131 Stat. 1110; Pub. L. 116–283, div. A, title IX, § 926(a)(53), Jan. 1, 2021, 134 Stat. 3830.)Editorial NotesAmendments

2021—Subsec. (a)(2)(A). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

2017—Subsec. (d)(1). Pub. L. 115–55 substituted “award or award based on a supplemental claim” for “or reopened award”.

2012—Subsec. (c)(1). Pub. L. 112–154 substituted “not apply to payments made pursuant to section 5310 of this title” for “apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran’s death, for the month in which such veteran’s death occurred”.

2010—Subsec. (a). Pub. L. 111–275 designated existing provisions as par. (1), substituted “in paragraph (2) and subsection (c)” for “in subsection (c) of this section”, and added par. (2).

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3011 of this title as this section.

Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010” in two places.

Subsec. (b)(1). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010”.

Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105”.

Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted “5310” for “3110”.

1984—Subsec. (c). Pub. L. 98–223 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 2017 Amendment

Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

Effective Date of 2012 Amendment

Pub. L. 112–154, title V, § 507(c), Aug. 6, 2012, 126 Stat. 1194, provided that: “The amendments made by this section [amending this section and section 5310 of this title] shall take effect on the date of the enactment of this Act [Aug. 6, 2012], and shall apply with respect to deaths that occur on or after that date.”

Effective Date of 2010 Amendment

Pub. L. 111–275, title VI, § 605(b), Oct. 13, 2010, 124 Stat. 2886, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2011, and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–223 effective Oct. 1, 1983, see section 114 of Pub. L. 98–223, set out as a note under section 1112 of this title.

Effective Date

Pub. L. 97–253, title IV, § 401(b), Sept. 8, 1982, 96 Stat. 802, provided that: “Section 3011 [now 5111] of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after September 30, 1982.”

Notes of Decisions

Cited in 12 cases (4 in the last 5 years), 1992–2024 · leading case: Charles L. Degmetich, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 104 F.3d 1328 (Fed. Cir. 1997).

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Charles L. Degmetich, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 104 F.3d 1328 (Fed. Cir. 1997). · cites it 2× “§ 5110 (a) (1994) 6 and 38 U.S.C. § 5111 (a) (1994) 7 , together provide that awards of compensation cannot be made until after an application has been filed by the veteran.”

William D. Gilpin, Claimant-Appellant v. Togo D. West, Jr., Sec'y of Vets. Affairs, 155 F.3d 1353 (Fed. Cir. 1998). “§ 5110 (a) and 38 U.S.C. § 5111 (a)). If Congress had been concerned with awarding compensation to any applicant who had a disability, presently existing or not, then it would not have so restricted the effective date of payments to the period of time after an application has…”

Herzog v. Derwinski, 2 Vet. App. 502 (Vet. App. 1992). · cites it 2× “See 38 U.S.C. § 5111 (a) (formerly § 3011(a)).”

Preston Lee Dent v. Robert A. McDonald, 27 Vet. App. 362 (Vet. App. 2015). · cites it 2× “As illustrated by section 5111(d), which defines "award" for the purpose of that section only, the definition of "award" may refer to different types of awards, such as "an original or reopened award" or "an increased award.”

Westberry v. West, 12 Vet. App. 510 (Vet. App. 1999). “” 38 U.S.C. § 5111 . There is a plausible basis in the record for the Board’s conclusion that the effective date of the appellant’s award and payment of death pension benefits was March 1,1993.”

Kluttz v. Brown, 7 Vet. App. 304 (Vet. App. 1994). “§ 5110 (a); 38 U.S.C. § 5111 (payment of monetary benefits based on an award of DIC may not be made before the first day of the calendar month following the month in which the award became effective under 38 U.”

Gold v. Brown, 7 Vet. App. 315 (Vet. App. 1995). “See 38 U.S.C. § 5111 (payment of monetary benefits based on an award of compensation may not be made before the first day of the calendar month following the month in which the award became effective under 38 U.”

Alexandra M. Jackson v. Denis McDonough (Vet. App. 2024). · cites it 3× “117 Finally, the Court looks to 38 U.S.C. § 5111— what appellant calls “an outlier”118 in the statutory scheme.”

191023-42002 (Board of Vet. App. 2021). “38 U.S.C. § 5111 (a), (d). In this case, in July 2000, the Veteran initially submitted his VA Form 21-526 claim on which he reported being married to R.”

Evans v. McDonough (Fed. Cir. 2022). “4 (citing 38 U.S.C. § 5111 (a)). Case: 21-1487 Document: 44 Page: 3 Filed: 04/12/2022 EVANS v.”

10-08 864 (Board of Vet. App. 2013). “38 U.S.C.A. § 5111 (a)(1). The Board emphasizes that if a veteran wants VA compensation for having a dependent there are certain rules that apply in order to obtain this compensation.”

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