§ 1476. Death gratuity: death after discharge or release from duty or training

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(1)Except as provided in section 1480 of this title, the Secretary concerned shall pay a death gratuity to or for the survivors prescribed in section 1477 of this title of each person who dies within 120 days after discharge or release from—

(A)active duty; or

(B)inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service).

(2)A death gratuity may be paid under paragraph

(1)only if the Secretary of Veterans Affairs determines that the death resulted from an injury or disease incurred or aggravated during—

(A)the active duty or inactive-duty training described in paragraph (1); or

(B)travel directly to or from such duty.

(b)For the purpose of this section, the standards and procedures for determining the incurrence or aggravation of a disease or injury are those applicable under the laws relating to disability compensation administered by the Department of Veterans Affairs, except that there is no requirement under this section that any incurrence or aggravation have been in line of duty.

(c)This section does not apply to the survivors of persons who were temporary members of the Coast Guard Reserve at the time of their death.

(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 99–661, div. A, title VI, § 604(e)(2), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), (2), Nov. 29, 1989, 103 Stat. 1602, 1603.)

In subsection (a), the words “Except as provided in section 1480 of this title” are inserted to reflect 38:1134(a). The words “to the survivor prescribed by section 1477 of this title” are inserted for clarity. The words “on or after January 1, 1957” are omitted as executed. The words in parentheses in clause

(2)are inserted to reflect 38:1101(6)(A) (2d sentence). The words “active duty for training” are omitted as covered by the definition of “active duty” in section 101(22) of this title.

In subsection (c), the word “criteria” is omitted as covered by the word “standards”.

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