---
kind: "section"
citation: "38 U.S.C. § 1318"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1318"
heading: "Benefits for survivors of certain veterans rated totally disabled at time of death"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1318"
units:
  - "Part II — General Benefits"
  - "Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths"
  - "Subchapter II — Dependency and Indemnity Compensation"
---

# §1318. Benefits for survivors of certain veterans rated totally disabled at time of death

- (a) The [Secretary](/usc/38/101.md?p=1) shall pay benefits under this chapter to the [surviving spouse](/usc/38/101.md?p=3) and to the children of a deceased [veteran](/usc/38/1101.md?p=1) described in [subsection (b)](#b) of this section in the same manner as if the [veteran](/usc/38/1101.md?p=1)’s death were service connected.
- (b) A deceased [veteran](/usc/38/1101.md?p=1) referred to in [subsection (a)](#a) of this section is a [veteran](/usc/38/1101.md?p=1) who dies, not as the result of the [veteran](/usc/38/1101.md?p=1)’s own willful misconduct, and who was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) [compensation](/usc/38/101.md?p=13) at the time of death for a [service-connected](/usc/38/101.md?p=16) [disability](/usc/38/1701.md?p=1) rated totally disabling if—
  - (1) the [disability](/usc/38/1701.md?p=1) was continuously rated totally disabling for a period of 10 or more years immediately preceding death;
  - (2) the [disability](/usc/38/1701.md?p=1) was continuously rated totally disabling for a period of not less than five years from the date of such [veteran](/usc/38/1101.md?p=1)’s discharge or other release from [active duty](/usc/38/101.md?p=21); or
  - (3) the [veteran](/usc/38/1101.md?p=1) was a [former prisoner of war](/usc/38/101.md?p=32) and the [disability](/usc/38/1701.md?p=1) was continuously rated totally disabling for a period of not less than one year immediately preceding death.
- (c) Benefits may not be paid under this chapter by reason of this section to a [surviving spouse](/usc/38/101.md?p=3) of a [veteran](/usc/38/1101.md?p=1) unless—
  - (1) the [surviving spouse](/usc/38/101.md?p=3) was married to the [veteran](/usc/38/1101.md?p=1) for one year or more immediately preceding the [veteran](/usc/38/1101.md?p=1)’s death; or
  - (2) a [child](/usc/38/1831.md?p=1) was born of the marriage or was born to them before the marriage.
- (d) If a [surviving spouse](/usc/38/101.md?p=3) or a [child](/usc/38/1831.md?p=1) receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a [veteran](/usc/38/1101.md?p=1) described in [subsection (a)](#a) of this section, benefits under this chapter payable to such [surviving spouse](/usc/38/101.md?p=3) or [child](/usc/38/1831.md?p=1) by virtue of this section shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received.
- (e) For purposes of sections [1448(d)](/usc/10/1448.md?p=d) and [1450(c)](/usc/10/1450.md?p=c) of title 10, eligibility for benefits under this chapter by virtue of this section shall be deemed eligibility for [dependency and indemnity compensation](/usc/38/101.md?p=14) under [section 1311(a) of this title](/usc/38/1311.md?p=a).

## Source credit

(Added Pub. L. 100–687, div. B, title XIV, § 1403(a)(1), Nov. 18, 1988, 102 Stat. 4130, § 418; amended Pub. L. 101–237, title I, § 113, Dec. 18, 1989, 103 Stat. 2065; renumbered § 1318 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–117, title V, § 501(b), Nov. 30, 1999, 113 Stat. 1573; Pub. L. 106–419, title IV, § 404(a)(2), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 111–275, title VI, § 603(a), Oct. 13, 2010, 124 Stat. 2885.)

## Notes

### Editorial Notes

### Amendments

2010—Subsec. (b)(3). Pub. L. 111–275 struck out “who died after September 30, 1999,” after “prisoner of war”.

2000—Subsec. (b)(3). Pub. L. 106–419 substituted “not less than” for “not later than”.

1999—Subsec. (b). Pub. L. 106–117, § 501(b)(1), substituted “rated totally disabling if—” for “that either—” in introductory provisions.

Subsec. (b)(1). Pub. L. 106–117, § 501(b)(2), inserted “the disability” after “(1)” and struck out “or” after “death;”.

Subsec. (b)(2). Pub. L. 106–117, § 501(b)(3), substituted “the disability was continuously rated totally disabling” for “if so rated for a lesser period, was so rated continuously” and substituted “; or” for the period at the end.

Subsec. (b)(3). Pub. L. 106–117, § 501(b)(4), added par. (3).

1991—Pub. L. 102–83, § 5(a), renumbered section 418 of this title as this section.

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

Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “1311(a)” for “411(a)”.

1989—Subsec. (c)(1). Pub. L. 101–237 substituted “one year” for “two years”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Pub. L. 111–275, title VI, § 603(b), Oct. 13, 2010, 124 Stat. 2885, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2011.”