38 U.S.C. § 5309

Payment of certain withheld benefits

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(a) Any person who, but for section 5308 of this title, was entitled to benefits under any of the laws administered by the Secretary, whose award of benefits was terminated under such section, or whose benefits were not paid pursuant to sections 3329 and 3330 of title 31, and who was not guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or its allies, shall be paid the full amount of any benefits not paid because of such section 5308, or withheld (including the amount of any checks covered on such person’s account into the Treasury as miscellaneous receipts together with any amount to such person’s credit in the special-deposit account) pursuant to sections 3329 and 3330 of title 31. The Secretary shall certify to the Secretary of the Treasury the amounts of payments which, but for this section, would have been made from the special deposit account, and the Secretary of the Treasury, as directed by the Secretary, shall reimburse the appropriations of the Department from such special deposit account, or cover into the Treasury as miscellaneous receipts the amounts so certified.(b) No payments shall be made for any period before the date claim therefor is filed under this section to any person whose award was terminated, or whose benefits were not paid, before July 1, 1954, because such person was a citizen or subject of Germany or Japan residing in Germany or Japan.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109; Pub. L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99–576, title VII, § 701(75), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5309 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), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)Editorial NotesAmendments

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 3109 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in last sentence.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in last sentence.

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

Pub. L. 102–40, § 402(d)(1), substituted “5308” for “3108” in two places in first sentence.

1986—Subsec. (a). Pub. L. 99–576, § 701(75)(A), substituted “such person’s” for “his” in two places.

Subsec. (b). Pub. L. 99–576, § 701(75)(B), substituted “such person” for “he”.

1982—Subsec. (a). Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31” wherever appearing.

Notes of Decisions

Cited in 4 cases, 2005–2014 · 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). “§ 5308 but determines that benefits were payable under 38 U.S.C. § 5309 . 3 . Because Mr. Estremremera-Acevedo had not been rated 100% disabled for ten years prior to his death, none of the enumerated exceptions under this amendment apply to Rodriguez’s claim.”

Maria R. Rodriguez v. R. James Nicholson, 19 Vet. App. 275 (Vet. App. 2005). “§ 5308 but determines that benefits were payable under 38 U.S.C. § 5309 . 65 Fed.Reg. 3388, 3391 (2000) (to be codified at 38 C.”

10-40 642 (Board of Vet. App. 2014). “§ 5308 but determines that benefits were payable under 38 U.S.C.A. § 5309 . 38 C.F.R. § 3.22 (b)(3).”

04-28 327 (Board of Vet. App. 2014). “§ 5308 but determines that benefits were payable under 38 U.S.C. § 5309 . 38 C.F.R. § 3.22 (b)(3).”

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