28 June 1934 c. 867 48 Stat. 1281

An Act To compensate widows and children of persons who died while receiving monetary benefits for disabilities directly incurred in or aggravated by active military or naval service in the World War.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the surviving widow, child, or children of any deceased person who served in the World War before November 12, 1918, or if the person was serving with the United States military forces in Russia before April 2, 1920, who, while receiving or entitled to receive compensation, pension, or retirement pay for 30-per-centum disability or more directly incurred in or aggravated by service in the World War, dies or has died from a disease or disability not service connected and not the result of the person’s own misconduct shall, upon filing application and such proofs in the Veterans’ Administration as the Administrator of Veterans’ Affairs may prescribe, be entitled to receive compensation: Provided, That the provisions of this Act shall not apply to any person during any year following a year for which such person was not entitled to exemption from the payment of a Federal income tax.

SEC. 2. That the monthly rates of compensation shall be as follows Widow but no child, $22; widow and one child, $30 (with $4 for each additional child); no widow but one child, $15; no widow but two children, $22 (equally divided); no widow but three children, $30 (equally divided) (with $3 for each additional child, total amount to be equally divided).

The total compensation payable under this paragraph shall not exceed $56. Where such benefits would otherwise exceed $56 the amount of $56 may be apportioned as the Administrator of Veterans’ Affairs may prescribe.

SEC. 3. That as used in this Act –

(a) The term “person who served” shall mean a person, whether male or female, and whether commissioned, enlisted, enrolled, or drafted, who was finally accepted for active service in the military or naval forces of the United States, members of training camps authorized by law, and such other persons heretofore recognized by statute as having a pensionable status:

(b) The term “widow” shall mean a person who was married to the veteran prior to July 3, 1931, and who has not remarried;

(c) The term “child” shall mean a person unmarried and under the age of eighteen years, unless prior to reaching the age of eighteen the child becomes or has become permanently incapable of self-support by reason of mental or physical defect, who is a legitimate child, a child legally adopted, a stepchild if a member of the man’s household, an illegitimate child, but, as to the father only, if acknowledged in writing signed by him or if he has been judicially ordered or decreed to contribute to such child’s support, or has been judicially decreed to be the putative father of such child Provided, That the payment of compensation shall be continued after the age of eighteen years and until completion of education or training (but not after such child reaches the age of twenty-one years), to any child who is or may hereafter be pursuing a course of instruction at a school, college, academy, seminary, technical institute, or university, particularly designated by him and approved by the Administrator, which shall have agreed to report to the Administrator the termination of attendance of such child, and if any such institution of learning fails to make such report promptly the approval shall be withdrawn.

SEC. 4. That the Administrator of Veterans’ Affairs is authorized and directed to receive evidence and adjudicate claim for compensation under this Act when it is claimed that the veteran was 30 per centum or more disabled immediately prior to his death from disease or injury established to the satisfaction of the Veterans’ Administration prior to date of death to have been directly incurred in or aggravated by service in the World War, although a determination of 30-per-centum disability or more had not been made by the Veterans’ Administration prior to the veteran’s death: Provided, That for the purpose of awarding compensation under the provisions of this Act, direct service connection of disability and degree thereof at date of death may be determined in any case where claim has been or is filed by the widow, child, or children of a deceased World War veteran, except that proof of 30-per-centum disability or more at date of death must be filed no later than three years after date of enactment of this Act or the date of death, whichever is the later, and evidence required in connection with any claim must be submitted in accordance with regulations prescribed by the President and/or the Administrator of Veterans’ Affairs.

SEC. 5. That payment shall be effective from the date of enactment of this Act in all cases where death occurred prior to the date of enactment of this Act and in all other cases payment shall be made from the date the application of the widow, child, or children in the form prescribed by the Administrator of Veterans’ Affairs, is filed in the Veterans’ Administration: Provided, That a claim for pension or compensation under Public Law Numbered 2, Seventy-third Congress, and the Veterans’ Regulations, or Public Law Numbered 141, Seventy-third Congress, on account of death of a veteran from directly service-connected disability shall be accepted as a claim for benefits under this Act.

Approved, June 28, 1934.

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