TITLE 38 - US CODE - SUBCHAPTER I - GENERAL

38 USC 1301 - Definitions

As used in this chapter The term veteran includes a person who died in the active military, naval, or air service.

38 USC 1302 - Determination of pay grade

(a) With respect to a veteran who died in the active military, naval, or air service, such veterans pay grade shall be determined as of the date of such veterans death or as of the date of a promotion after death while in a missing status.
(b) With respect to a veteran who did not die in the active military, naval, or air service, such veterans pay grade shall be determined as of
(1) the time of such veterans last discharge or release from active duty under conditions other than dishonorable; or
(2) the time of such veterans discharge or release from any period of active duty for training or inactive duty training, if such veterans death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty.
(c) The pay grade of any veteran described in section 106 (b) of this title shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty.
(d) If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veterans surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held.
(e) The pay grade of any person not otherwise described in this section, but who had a compensable status on the date of such persons death under laws administered by the Secretary, shall be determined by the head of the department under which such person performed the services by which such person obtained such status (taking into consideration such persons duties and responsibilities) and certified to the Secretary. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services.

38 USC 1303 - Cost-of-living adjustments

(a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2013 in the rates of dependency and indemnity compensation payable under this chapter, such adjustments (except as provided in subsection (b)) shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates (other than increased rates equal to a whole dollar amount) rounded down to the next lower whole dollar amount.
(b) For purposes of this section, the term social security increase means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415 (i)).

38 USC 1304 - Special provisions relating to surviving spouses

No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.