---
kind: "section"
citation: "38 U.S.C. § 1121"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1121"
heading: "Basic entitlement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1121"
units:
  - "Part II — General Benefits"
  - "Chapter 11 — Compensation for Service-Connected Disability or Death"
  - "Subchapter III — Wartime Death Compensation"
---

# §1121. Basic entitlement


The [surviving spouse](/usc/38/101.md?p=3), [child](/usc/38/1831.md?p=1) or children, and [dependent](/usc/38/3452.md?p=d) [parent](/usc/38/101.md?p=5) or [parents](/usc/38/101.md?p=5) of any [veteran](/usc/38/1101.md?p=1) who died before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a [period of war](/usc/38/1101.md?p=2), shall be entitled to receive [compensation](/usc/38/101.md?p=13) at the monthly rates specified in [section 1122 of this title](/usc/38/1122.md).


## Source credit

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1122, § 321; Pub. L. 92–197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94–433, title IV, § 404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1121 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

## Notes

### Editorial Notes

### Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 321 of this title as this section.

Pub. L. 102–83, § 5(c)(1), substituted “1122” for “322”.

1976—Pub. L. 94–433 substituted “spouse” for “widow”.

1971—Pub. L. 92–197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

### Effective Date of 1971 Amendment

Amendment by Pub. L. 92–197 effective Jan. 1, 1972, see section 10 of Pub. L. 92–197, set out as a note under section 1311 of this title.