28 March 1934 c. 102 48 Stat. 509, Title III

CHAP. 102.- An Act Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and officers, for the fiscal year ending June 30, 1935, and for other purposes.

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

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TITLE III-VETERANS PROVISIONS

 

SEC. 26. Notwithstanding any provision of law to the contrary, in no event shall the compensation being paid on March 19, 1933, under subsections (3) and (5) of section 202 of the World War Veterans’ Act, 1924, as amended, to veterans for the loss of the use of both eyes, where such veterans were, except by fraud, mistake, or misrepresentation, in receipt of compensation on March 19, 1933, be reduced or discontinued, except in accordance with the regulations issued under the Act entitled “An Act to maintain the credit of the United States Government”, approved March 20, 1933, pertaining to hospitalized cases.

SEC. 27. Where service connection for a disease, injury, or disability not caused by his own willful misconduct was on March 19, 1933, established in accordance with section 200 of the World War Veterans’ Act, 1924, as amended, and such connection has been severed through the application of, or regulations or instructions promulgated under Public Law Numbered 2, Seventy-third Congress, or Public Law Numbered 78, Seventy-third Congress, service connection is hereby reestablished and as to such cases the provisions of the first paragraph of section 200 of the World War Veterans’ Act, 1924, as amended, are hereby reenacted: Provided, That the provisions of this section shall not apply (1) to persons entering the active military or naval service subsequent to the date of November 11, 1918, (2) to persons as to whom clear and unmistakable evidence discloses that the disease, injury, or disability had inception before or after the period of active military or naval service, unless such disease, injury, or disability is shown to have been aggravated during service, (3) to persons as to whose cases service connection was established by fraud, clear or unmistakable error as to conclusions of fact or law, or misrepresentation of material facts; and as to all such cases enumerated in this proviso, all reasonable doubts shall be resolved in favor of the veteran, the burden of proof being on the Government.

SEC. 28. The fourth paragraph of section 20, Public Law Numbered 78, Seventy-third Congress, is hereby amended to read as follows:

“Notwithstanding any of the provisions of Public Law Numbered 2, Seventy-third Congress, in no event shall the compensation being paid on March 19, 1933, for service-connected disabilities to those veterans who entered the active military or naval service on or before November 11, 1918, and whose disabilities are not the result of their own misconduct, where they were, except by fraud, misrepresentation of a material fact, or unmistakable error as to conclusions of fact or law, in receipt of compensation on March 19, 1933, be reduced or discontinued, except in accordance with the regulations issued under Public Law Numbered 2, Seventy-third Congress, pertaining to hospitalized cases: Provided, That the provisions of this section shall not apply to persons as to whom clear and unmistakable evidence discloses that the disease, injury, or disability had inception before or after the period of active military or naval service, unless such disease, injury, or disability is shown to have been aggravated during service; and in any review of the case of any veteran to whom compensation was being paid on March 19, 1933, for service-connected disability, reasonable doubts shall be resolved in favor of the veteran, the burden of proof being on the Government: Provided further, That, subject to the limitations above prescribed, except as to receipt of compensation on March 19, 1933, and notwithstanding the provisions of Public Law Numbered 2, Seventy-third Congress, or any other law, veterans whose disease, injury, or disability is established on or after this paragraph as amended takes effect as service-connected in accordance with the provisions of section 200 of the World War Veterans’ Act, 1924, as amended, shall be entitled to receive compensation in accordance with the provisions of such Act, as amended, and the rating schedule in effect on March 19, 1933; but veterans whose disease, injury, or disability is reestablished as service-connected under such section 200 by section 27 of Title III of the Independent Offices Appropriation Act, 1935, shall be paid 75 per centum of the compensation under the provisions of the World War Veterans’ Act, 1924, as amended, and such rating schedule: Provided further, That whenever there is a change in the degree of disability of any such veteran the amount of compensation to be paid shall be determined pursuant to the provisions of the World War Veterans’ Act, 1924, as amended, and the rating schedule in effect on March 19, 1933, and such amount shall not be reduced or discontinued. In no event shall death compensation being paid, except by fraud, misrepresentation of a material fact, or unmistakable error as to conclusions of fact or law, to widows, children, and dependent parents of deceased World War veterans under the World War Veterans’ Act, 1924, as amended, on March 19, 1933, be reduced or discontinued, whether the death of the veteran on whose account compensation is being paid was directly or presumptively connected with service. In any case where a World War veteran dies or has died from disease or injury, and service connection for such disease or injury has been reestablished on or after the date this paragraph as amended takes effect as service-connected under section 200 of the World War Veterans’ Act, 1924, as amended, or which would have been established under such section 200 had the veteran been living on March 19, 1933, and reestablished on or after the date this paragraph as amended takes effect, the surviving widow, child, or children and/or dependent parents shall be entitled to receive compensation at the rates prescribed in Veterans’ Regulation Numbered 1 (a), part I, paragraph IV, and amendments thereto.”

SEC. 29. Section 6 of Public Law Numbered 2, Seventy-third Congress, as amended by Public Law Numbered 78, Seventy-third Congress, is hereby amended by adding thereto the following proviso: “Provided, That any veteran of any war who was not dishonorably discharged, suffering from disability, disease, or defect, who is in need of hospitalization or domiciliary care, and is unable to defray the necessary expenses therefor (including transportation to and from the Veterans’ Administration facility), shall be furnished necessary hospitalization or domiciliary care (including transportation) in any Veterans’ Administration facility, within the limitations existing in such facilities, irrespective of whether the disability, disease, or defect was due to service. The statement under oath of the applicant on such form as may be prescribed by the Administrator of Veterans’ Affairs shall be accepted as sufficient evidence of inability to defray necessary expenses.”

SEC. 30. Notwithstanding any of the provisions of Public. Law Numbered 2, Seventy-third Congress, no pension being paid on March 19, 1933, to any veteran of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, or to the widow as long as she remains unmarried and/or dependents of any such veteran, shall be reduced by more than 25 per centum, except in accordance with the regulations issued pursuant to Public Law Numbered 2, Seventy-third Congress, pertaining to hospitalized cases and except where his disability is the result of his own willful misconduct: Provided, That the provisions of this section shall not apply (1) to persons to whom payments were being made on March 19, 1933, through fraud, clear or unmistakable error as to conclusions of fact or law, or misrepresentation of a material fact, except that decisions as to degree of disability rendered prior to March 20, 1933, shall be conclusive, or (2) 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: Provided, however, That a veteran in Federal employ shall not receive more than $6 per month if his salary if single exceeds $1,000 and if married $2,500: Provided further, That this section shall not apply to any person who enlisted after August 12, 1898, and who did not serve in either the Boxer Rebellion or the Philippine Insurrection.

All laws in effect on March 19, 1933, granting monetary benefits to veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, are hereby reenacted in their entirety, and such laws shall be effective from and after the effective date of this Act, subject to the limitations of this section and to such reduction in pensions as may be made hereunder.

SEC. 31. Where any veteran suffers or has suffered an injury, or an aggravation of any existing injury, as the result of training, hospitalization, or medical or surgical treatment, awarded him under any of the laws granting monetary or other benefits to World War veterans, or as the result of having submitted to examination under authority of the War Risk Insurance Act or the World War Veterans’ Act, 1924, as amended, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the benefits of Public Law Numbered 2, of Public Law Numbered 78, and of this title shall be awarded in the same manner as if such disability, aggravation, or death were service connected within the meaning of such laws; except that no benefits under this section shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred, or after the passage of this Act, whichever is the later date. The benefits of this section shall be in lieu of the benefits under the Act entitled “An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes “, approved September 7, 1916, as amended.

SEC. 32. The last sentence of section 9 of Public Law Numbered 2, Seventy-third Congress, is hereby repealed.

SEC. 33. Service-connected money benefits payable to World War veterans under this title and Public Law Numbered 2, Seventy-third Congress, shall be entitled “compensation” and not “pension”.

SEC. 34. This title shall take effect on the date of enactment of this Act, and no payments of any benefits conferred under the provisions of this title shall be made for any period prior to such date.

SEC. 35. That notwithstanding the provisions of section 17 of title I of an Act entitled “An Act to maintain the credit of the United States Government”, approved March 20, 1933, and section 20 of an Act entitled “An Act making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes”, approved June 16, 1933, any claim for yearly renewable term insurance under the provisions of laws repealed by said section 17, wherein claim was duly filed prior to March 20, 1933, and on which maturity of the insurance contract had been determined by the Veterans’ Administration prior to March 20, 1933, and where payments could not be made because of he provisions of the Act of March 20, 1933, or under the provisions of the Act of dune 16, 1933, may be adjudicated by the Veterans’ Administration, and any person found entitled to yearly renewable term insurance benefits claimed shall be paid such benefits in accordance with and in the amounts provided by such prior laws.

SEC. 40. This Act may be cited as the “Independent Offices Appropriation Act, 1935.”

HENRY T. RAINEY

Speaker of the House of Representatives.

JNO. N. GARNER

Vice President of the United States and President of the Senate.

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