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Federal statute · 38 USC § 5112

38 USC 5112: Effective Dates for Reducing or Stopping Benefits

§ 5112. Effective dates of reductions and discontinuances

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Claim Raven explanation

What this means

This law sets date rules for benefit reductions and discontinuances caused by different events. Dependency changes, military pay, administrative error, and medical improvement can involve different provisions.

The reason for the adjustment determines which date rule matters. These provisions work alongside notice requirements and rating protections, rather than replacing them.

How this helps your claim

Compare the event VA relied on with the date used to change payments. Keep evidence of what happened and when it was reported, especially if the adjustment created an overpayment.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Identify the stated reason for the reduction or discontinuance.
  • Verify the event date, notification history, and affected payments.
  • Check the relevant statutory date rule and accompanying procedural protections.

Match the reduction reason to its date rule

A payment adjustment can follow a dependency change, military pay, medical improvement or an error. Those events do not all use one effective-date rule. Read the notice for the specific reason and provision before comparing dates.

Keep the event date, reporting date and payment history clearly separated. Notice protections and rating safeguards can still matter alongside this statute. A correct event date does not automatically establish that every required procedural step was followed, just as a procedural concern does not determine the amount by itself.

Is every reduction governed by medical-improvement rules?

No. Some adjustments concern payment eligibility or circumstances rather than severity. Identify whether the disability percentage changed and why the amount changed. The applicable date provision depends on the event, with other notice and protection requirements considered separately.

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Official statutory text

38 USC § 5112

OLRC release through Public Law 119-102 (July 12, 2026). 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.

§ 5112. Effective dates of reductions and discontinuances

(a) Except as otherwise specified in this section, the effective date of reduction or discontinuance of compensation, dependency and indemnity compensation, or pension shall be fixed in accordance with the facts found.

(b) The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension—

(1) by reason of marriage or remarriage, or death of a payee shall be the last day of the month before such marriage, remarriage, or death occurs;

(2) by reason of marriage, annulment, divorce, or death of a dependent of a payee shall be the last day of the month in which such marriage, annulment, divorce, or death occurs;

(3) by reason of receipt of active service pay or retirement pay shall be the day before the date such pay began;

(4) by reason of—

(A) change in income shall (except as provided in section 5312 of this title) be the last day of the month in which the change occurred; and

(B) change in corpus of estate shall be the last day of the calendar year in which the change occurred;

(5) by reason of a change in disability or employability of a veteran in receipt of pension shall be the last day of the month in which discontinuance of the award is approved;

(6) by reason of change in law or administrative issue, change in interpretation of a law or administrative issue, or, for compensation purposes, a change in service-connected or employability status or change in physical condition shall be the last day of the month following sixty days from the date of notice to the payee of the reduction or discontinuance;

(7) by reason of the discontinuance of school attendance of a payee or a dependent of a payee shall be the last day of the month in which such discontinuance occurred;

(8) by reason of termination of a temporary increase in compensation for hospitalization or treatment shall be the last day of the month in which the hospital discharge or termination of treatment occurred, whichever is earlier;

(9) by reason of an erroneous award based on an act of commission or omission by the beneficiary, or with the beneficiary’s knowledge, shall be the effective date of the award; and

(10) by reason of an erroneous award based solely on administrative error or error in judgment shall be the date of last payment.

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