38 U.S.C. § 5308

Withholding benefits of persons in territory of the enemy

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(a) When any alien entitled to gratuitous benefits under laws administered by the Secretary is located in territory of, or under military control of, an enemy of the United States or of any of its allies, any award of such benefits in favor of such alien shall be terminated forthwith.(b) Any alien whose award is terminated under subsection (a) shall not thereafter be entitled to any such gratuitous benefits except upon the filing of a new claim, accompanied by evidence satisfactory to the Secretary showing that such alien was not guilty of mutiny, treason, sabotage, or rendering assistance to such enemy. Except as provided in section 5309 of this title, such gratuitous benefits shall not be paid for any period before the date the new claim is filed.(c) While such alien is located in territory of, or under military control of, an enemy of the United States or of any of its allies, the Secretary, in the Secretary’s discretion, may apportion and pay any part of such benefits to the dependents of such alien. No dependent of such alien shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such alien were dead.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3108; Pub. L. 99–576, title VII, § 701(74), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5308 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), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)Editorial NotesAmendments

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3108 of this title as this section.

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

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

Pub. L. 102–40, § 402(d)(1), substituted “5309” for “3109”.

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

1986—Subsec. (c). Pub. L. 99–576 substituted “the Administrator’s” for “his” in first sentence, and “the dependent” for “he” in second sentence.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2005–2025 · leading case: Rodriguez v. Peake, 511 F.3d 1147 (Fed. Cir. 2008).

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Rodriguez v. Peake, 511 F.3d 1147 (Fed. Cir. 2008). “§ 1174 (h)(2); (6) VA was withholding payments because the veteran’s whereabouts was unknown, but the veteran was otherwise entitled to continued payments based on a total service-connected disability rating; or (7) VA was withholding payments under 38 U.S.C. § 5308 but…”

Maria R. Rodriguez v. R. James Nicholson, 19 Vet. App. 275 (Vet. App. 2005). “§ 1174 (h)(2); (6) VA was withholding payments because the veteran’s whereabouts was unknown, but the veteran was otherwise entitled to continued payments based on a total service-connected disability rating; or (7) VA was withholding payments under 38 U.S.C. § 5308 but…”

190517-5608 (Board of Vet. App. 2019). “§ 1174 (h)(2); VA was withholding payments because the veteran’s whereabouts were unknown, but the veteran was otherwise entitled continued payments based on a total service-connected disability rating; or, VA was withholding payments under 38 U.S.C. § 5308 but determines that…”

Tarver v. Davis (S.D. Ala. 2025). “In short, Tarver argues the Bankruptcy Court should have considered the legality of the underlying domes)c payments pursuant to 38 U.S.C. § 5308 and disallowed Davis’ claim.”

10-40 642 (Board of Vet. App. 2014). “§ 1174 (h)(2); (5) VA was withholding payments because the Veteran's whereabouts were unknown, but the Veteran was otherwise entitled to continued payments based on a total service-connected disability rating; or (6) VA was withholding payments under 38 U.S.C.A. § 5308 but…”

04-28 327 (Board of Vet. App. 2014). “§ 1174 (h)(2); (5) VA was withholding payments because the Veteran's whereabouts was unknown, but the Veteran was otherwise entitled to continued payments based on a total service-connected disability rating; or (6) VA was withholding payments under 38 U.S.C. § 5308 but…”

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