Claim Raven explanation
What this means
This section limits how specified World War II service in Philippine forces and certain Philippine Scout service is treated under federal veterans-benefit laws. It preserves eligibility for named benefit chapters and contains payment-rate exceptions tied to residence and immigration status.
The statute does not treat all Philippine service alike. Subsections (a) and (b) list preserved programs while generally applying a fifty-cent-on-the-dollar rule. Subsection (c) removes that rate reduction for specified compensation and DIC recipients residing in the United States who meet the citizenship or lawful-residence condition. Subsection (d) contains a separate burial-benefit exception.
How this helps your claim
Use this statute only when the service record falls within one of its historical categories. The particular force, service dates, recognized status, benefit chapter, residence, and citizenship or lawful-permanent-resident status can change the result.
What to check in your records
Identify the exact service category and then follow the subsection for the benefit and claimant's current status.
- Obtain service-department verification of the unit, dates, and recognized service.
- Identify the benefit chapter and the person through whom it is claimed.
- Document United States residence and citizenship or lawful permanent residence when relevant.
Start with official service recognition
Use the exact service description from official verification rather than a broad label such as 'Philippine veteran.' Distinguish Commonwealth Army or recognized guerrilla service from service as a Philippine Scout under the 1945 recruitment law.
Then identify which benefit is at issue. Compensation, DIC, burial, pension, and insurance do not all follow the same rule here. If the payment rate is disputed, preserve records showing where the recipient resided and the applicable citizenship or immigration status for that period.
Does this law mean the specified service never qualifies for VA benefits?
No. It expressly preserves eligibility under listed chapters and provides exceptions to its reduced-rate rule. Eligibility and payment must be checked under the applicable subsection, benefit chapter, service verification, and residence or status facts.
Official statutory text
38 USC § 107
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 107. Certain service deemed not to be active service
(a) Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under—
(1) contracts of National Service Life Insurance entered into before February 18, 1946;
(2) chapter 10 of title 37; and
(3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.
Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member’s service was not service in the Armed Forces or any component thereof within the meaning of any such law.
(b) Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 shall not be deemed to have been active military, naval, or air service for the purposes of any of the laws administered by the Secretary except—
(1) with respect to contracts of National Service Life Insurance entered into (A) before May 27, 1946, (B) under section 620 or 621 of the National Service Life Insurance Act of 1940, or (C) under section 1922 of this title; and
(2) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title.
Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar.
(c) In the case of benefits under subchapters II and IV of chapter 11 of this title and subchapter II of chapter 13 (except section 1312(a)) of this title paid by reason of service described in subsection (a) or (b) to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply.
(d)(1) With respect to benefits under chapter 23 of this title, in the case of an individual described in paragraph (2), the second sentence of subsection (a) or (b), as otherwise applicable, shall not apply.
(2) Paragraph (1) applies to any individual whose service is described in subsection (a) and who dies after November 1, 2000, or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003, if the individual, on the individual’s date of death—
(A) is a citizen of, or an alien lawfully admitted for permanent residence in, the United States;
(B) is residing in the United States; and
(C) either—
(i) is receiving compensation under chapter 11 of this title; or
(ii) if the individual’s service had been deemed to be active military, naval, or air service, would have been paid pension under section 1521 of this title without denial or discontinuance by reason of section 1522 of this title.
Related references
- 38 USC § 101: Key Definitions for VA Benefit Eligibility
- 38 USC § 106: When special service or travel counts as active service
- 38 USC § 1310: When a service-connected death supports DIC
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