Caring for Survivors Act of 2023

Caring for Survivors Act of 2023

This bill increases the monthly rate of dependency and indemnity compensation payable to surviving spouses through the Department of Veterans Affairs (VA).

Dependency and indemnity compensation is a monthly payment made to eligible survivors (i.e., spouses, parents, or children) of (1) certain veterans who died as a result of a service-connected condition; (2) service members killed while on active military duty or active or inactive duty for training; or (3) veterans who did not die from a service-connected condition, but were totally disabled by a service-connected disability for a certain period of time.

The bill also (1) reduces, from 10 years to 5 years, the period of time that certain veterans must have been rated totally disabled due to a service-connected disability in order for a survivor to qualify for benefits; and (2) specifies the amount that is payable to survivors of veterans who were rated totally disabled for a period of less than 10 years before their death.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 414 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 414

    To amend title 38, United States Code, to improve and to expand 
 eligibility for dependency and indemnity compensation paid to certain 
         survivors of certain veterans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2023

Mr. Tester (for himself and Mr. Boozman) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to improve and to expand 
 eligibility for dependency and indemnity compensation paid to certain 
         survivors of certain veterans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caring for Survivors Act of 2023''.

SEC. 2. INCREASE IN AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION FOR 
              SURVIVING SPOUSES.

    (a) Increase.--Section 1311(a) of title 38, United States Code, is 
amended in paragraph (1), by striking ``of $1,154'' and inserting 
``equal to 55 percent of the rate of monthly compensation in effect 
under section 1114(j) of this title''.
    (b) Effective Date.--
            (1) In general.--Except as provided by paragraph (2), the 
        amendments made by subsection (a) shall apply with respect to 
        compensation paid under chapter 13 of title 38, United States 
        Code, for months beginning after the date that is six months 
        after the date of the enactment of this Act.
            (2) Special rule for certain individuals.--
                    (A) In general.--For months beginning after the 
                date that is six months after the date of the enactment 
                of this Act, the Secretary of Veterans Affairs shall 
                pay to an individual described in subparagraph (B) 
                dependents and survivors income security benefit under 
                section 1311 of title 38, United States Code, in the 
                monthly amount that is the greater of the following:
                            (i) The amount determined under subsection 
                        (a)(3) of such section 1311, as in effect on 
                        the day before the date of the enactment of 
                        this Act.
                            (ii) The amount determined under subsection 
                        (a)(1) of such section 1311, as amended by 
                        subsection (a).
                    (B) Individuals described.--An individual described 
                in this subparagraph is an individual eligible for 
                dependents and survivors income security benefit under 
                section 1311 of title 38, United States Code, that is 
                predicated on the death of a veteran before January 1, 
                1993.

SEC. 3. MODIFICATION OF REQUIREMENTS FOR DEPENDENCY AND INDEMNITY 
              COMPENSATION FOR SURVIVORS OF CERTAIN VETERANS RATED 
              TOTALLY DISABLED AT TIME OF DEATH.

    Section 1318 of title 38, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting 
                ``(1) Except as provided in paragraph (2), the 
                Secretary''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) In any case in which the Secretary makes a payment under 
paragraph (1) of this subsection by reason of subsection (b)(1) and the 
period of continuous rating immediately preceding death is less than 10 
years, the amount payable under paragraph (1) of this subsection shall 
be an amount that bears the same relationship to the amount otherwise 
payable under such paragraph as the duration of such period bears to 10 
years.''; and
            (2) in subsection (b)(1), by striking ``10 or more years'' 
        and inserting ``five or more years''.
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