CHRONOLOGICAL RÉSUMÉ OF VETERANS' LAWS TO ACCOMPANY CHART OF INEQUALITIES, OFFICE OF THE SOLICITOR, VETERANS' ADMINISTRATION, NOVEMBER, 1932 CONSOLIDATION ACT Résumé of the act of July 3, 1930 (Public, 536, 71st Cong.) Prior to July, 1930, there were three separate and distinct agencies dealing with the relief of veterans. This resulted in increasing dissatisfaction on the part of beneficiaries, excessive overhead, uneconomical use of facilities, and considerable duplication of effort and functions. This act authorized the President to issue an Executive order consolidating and coordinating governmental activities affecting war veterans. An Executive order was issued July 21, 1930, consolidating the Bureau of Pensions, the National Home for Disabled Volunteer Soldiers, and the U. S. Veterans' Bureau into an establishment to be known as the Veterans' Administration. Under the direction of the President, the Administrator of Veterans' Affairs was authorized and vested with power to administer the laws granting benefits to veterans. The advantages to be obtained from this consolidation are summarized as follows: (1) To enable the President to deal directly with one responsible head, who will be familiar with the entire situation. (2) Permit the consolidation of all legislation in a unified program, which will eventually eliminate existing inequalities in benefits extended. (3) Consolidate budget activities under one group. (4) Eliminate duplication and enable veterans to apply to one agency for all forms of relief. (5) Permit better administrative control and enable the agency created to take better advantage of existing facilities; for example, it will avoid the duplication of functions of soldiers' homes and veterans' hospitals. (6) To standardize treatment of all veterans. PENSIONS-SERVICE-CONNECTED DISABILITY VETERANS Disabilities incurred in service prior to March 4, 1861.-Pensions to soldiers and sailors of the United States based on disability incurred in service in line of duty have been allowed from the foundation of the Government. The first national pension law is found in the resolutions of Congress of August 26, 1776, which were afterwards made retroactive to April 19, 1775. The pensions were awarded for certain disabilities and in the amount adequate for support, not to exceed one-half pay. The act of June 5, 1785, provided for the rate to increase with the degree of disability, as low as $1.66% per month and not to exceed one-half pay in the case of officers and not to exceed $5 for privates. The acts of January 11, 1812, and August 2, 1813, provided for rates as low as $20 per annum determined by nature and degree of disability from pensioned cause and considering rank of soldier. Officers' rate not to exceed one-half pay of lieutenant colonel. Privates not to exceed $5 per month. The rate of pension allowed to one whose pensionable rights accrued prior to March 4, 1861, is subject to variation after July 25, 1866, in accordance with the laws passed since March 4, 1861. Disabilities incurred in service in line of duty since March 4, 1861.— The act of July 14, 1862, with subsequent amendments, constitutes what is commonly known as the general pension law. Under this act the rates fixed for total disability were $8 for enlisted men; $10 for warrant officers and certain others in the Navy; $15 for second lieutenants and corresponding naval ranks; $17 for first lieutenants and corresponding naval ranks; $20 for captains and corresponding naval ranks; $25 for majors and corresponding naval ranks; $30 for lieutenant colonel and higher ranks. "Total disability" as here found in the law is construed as meaning "a disability equivalent to anchylosis of a wrist." Other rates could be allowed proportioned to the degree of disability. As low as $1 per month was allowed. Grades rates have also been established. Under the act of June 6, 1866, the following rates were established: $15 (third grade) from June 6, 1866, for disability equivalent to loss of hand or foot; $20 (second grade) from June 6, 1866, for incapacity to perform manual labor; $25 (first grade) from June 6, 1866, for disability requiring regular personal aid and attendance of another person. These rates were subsequently increased and an additional grade added and at present are $24 (third grade) from March 3, 1883; $30 (second grade) from March 3, 1883; $72 (first grade) from June 17, 1878; $50 (intermediate grade) by act of July 14, 1892, for disability requiring frequent and periodical though not regular and constant aid and attendance of another person. The act of March 2, 1895, provided for a minimum rate of pension of $6 per month from and after March 2, 1895. The act of March 2, 1895, provides for a minimum rate of pension of $6 per month from and after March 2, 1895. Present rates of pension range from $6 to $125 per month. Rates in excess of $72 (first grade) can only be allowed for certain disabilities specified by law. Since the act of July 14, 1862, Congress has passed various laws providing statutory monthly pension rates for certain permanent specific disabilities with a maximum rate of $125. The maximum of $125 is provided for in the act of May 5, 1926, for loss of both arms or both legs or total disability in same and for loss of sight of both eyes. With few exceptions, under the general pension laws for serviceconnected disabilities, rates are the same, whether incurred in time of war or time of peace. As in the grade rates, so in the rates for "permanent specific disabilities," the rates originally allowed by the laws passed during the war or shortly thereafter have been several times increased by subsequent legislation. Section 46982, R. S., enacted March 3, 1873, provided that, except in cases of permanent specific disabilities, no increase of pension shall be allowed to commence prior to the date of examining surgeon's certificate establishing the same, made under the pending claim for increase, and in this as well as in all other cases the certificate of an examining surgeon, or of a board of examining surgeons, shall be subject to the approval of the Commissioner of Pensions. The following provisions have been made for payment of double pension: The act of March 3, 1915, provides double pension for disability WIDOWS AND CHILDREN (PRIOR TO MARCH 4, 1861) Widows of soldiers who served prior to March 4, 1861, are entitled to pension if the soldier's death was due to causes originating in time of actual war, and not otherwise. Widows of sailors who served prior to March 4, 1861, are entitled to pension only when the death of the sailor occurred in the service and in line of duty. Section 4729, R. S.-Act of August 11, 1848.-If any officer or sailor of the Navy has died in the service of injury received or disease contracted in line of duty prior to the fourth day of March, 1861, his. widow shall be entitled to receive half the monthly pay to which the deceased was entitled at the date of his death; and in case of her remarriage or death, the child or children under sixteen years of age shall be entitled to the pension. Section 4732, R. S.-Act of February 14, 1871.-Widows and children of officers and soldiers of the War of 1812, and various Indian wars since one thousand seven hundred and ninety given half the monthly pay to which the deceased was entitled at the time he received the injury or disease which resulted in his death. But no half pay pension shall exceed the half pay of a lieutenant colonel. Section 4731, R. S.-Act of July 21, 1848, act of March 3, 1873.Widows and children of officers and soldiers of the war with Mexico given half the pay of his rank at the date at which he received the wound or contracted the disease which resulted in such disability. But no pension shall exceed half the pay of a lieutenant colonel. Section 4712, R. S.-Act July 25, 1866, act March 3, 1873.-And the widows of Revolutionary soldiers and sailors receiving a less sum shall be paid at the rate of eight dollars per month from and after the twenty-seventh day of July, 1868. The rate of pension allowed to one whose pensionable rights accrued prior to March 4, 1861, is subject to variation, after July 25, 1866, in accordance with the laws passed since March 4, 1861. (See section 4712, Revised Statutes.) The rates of pension to widows and dependents are based on those fixed as the total of rank in an invalid case. WIDOWS AND CHILDREN (SINCE MARCH 4, 1861) Section 4702, R. S.-Act of July 14, 1862.-Death cause due to service and line of duty, $8 to $30 per month to widow, according to rank of soldier at time death cause originated, regardless of the date of her marriage to him, or of her financial condition, to commence from the death of the husband, and to continue during her widowhood. Section 4703, R. S.-Act of July 25, 1866.-Pension of widows increased for children $2 per month additional for children of soldier under sixteen years of age. If children by a former wife, the widow is granted the increase only for period she is charged with the maintenance of such children. Section 4706, R. S.-Act of March 3, 1873.-Provides that if widow abandons the care of soldier's children, or if she is an unsuitable person, by reason of immoral conduct, to have the custody of the same, no pension shall be allowed such widow until such child or children shall have attained the age of sixteen years. Act of March 3, 1879.-This act provides that if application be not filed prior to July 1, 1880, the pension shall commence from the date of filing the application; but this limitation shall not apply to claims by or in behalf of insane.persons and children under sixteen years of age. Section 4702, R. S., amended-Act of August 7, 1882.-Section 2 of this act contains a clause "And the open and notorious adulterous cohabitation of a widow who is a pensioner shall operate to terminate her pension from the commencement of such cohabitation." Act of March 19, 1886.-$12 per month minimum rate to widows from and after passage of the act, "Provided, That this act shall apply only to such widows who were married to the deceased soldier or sailor prior to its passage and to those who may hereafter marry prior to or during the service of the soldier or sailor." Act of June 7, 1888.-"That all pensions which have been, or which may hereafter be, granted under the general laws regulating pensions to widows in consequence of death occurring from a cause which originated in the service since the fourth day of March, 1861, shall commence from the date of death of the husband. * * *"" Act of March 3, 1901-Section 4708, R. S., amended.-In this act provision is made for renewal of pension to certain remarried widows. on renewed widowhood. The applicant must show that she was the wife of the officer, soldier, or sailor during the period of his service in a war, that she was pensioned as his widow by reason of his death being due to disability of service origin in such war, that her name was dropped from the roll by reason of her remarriage to another person who has since died, or from whom she has been divorced upon her own application and without fault on her part, and that she is without means of support other than her daily labor and a net income not exceeding $250 per annum. Act of February 28, 1903-Amends section 4708, R. S., and act March 3, 1901.-That the provisions of this act shall be extended to those widows otherwise entitled whose husbands died of wounds, injuries, or disease contracted during the period of their military or naval service, but who were deprived of pension under the act of March 3, 1865, because of their failure to draw any pension by reason of their remarriage. Act of April 19, 1908.-$12 per month minimum rate for all widows. Act of March 3, 1915.-Double pension to widow of an officer or enlisted man of the Navy or Marine Corps who dies by reason of an injury received or disease contracted in line of duty, the result of an aviation accident, under certain conditions. Act of August 29, 1916.-Double pension to widow of an officer or enlisted man or student flyer of the Navy or Marine Corps who dies by reason of any injury received or disease contracted in line of duty, the result of an aviation accident, under certain conditions. Act of October 6, 1917.-$25 per month minimum rate from and after passage of the act to widows of soldiers who served in the Civil War, the war with Spain, or the Philippine insurrection. Act of May 1, 1920.-$30 per month to widow of Civil War soldier who, regardless of length of service, dies in service of a disability incurred in the service and in line of duty; $30 per month to remarried widow of Civil War soldier who, having served less than ninety days, died in service of a disability incurred in service and in the line of duty, upon death of subsequent husband, or "divorce without fault on the part of the wife"; $6 per month additional for children under sixteen years of age. Increase of pension for those then on the pension roll under existing law commences from the date of the approval of the act. Act of September 1, 1922.-$20 per month to widow of soldier of war with Spain, Chinese Boxer rebellion, or Philippine insurrection who, regardless of length of service, died in service of a disability incurred in the service and line of duty; $20 per month to remarried widow of soldier who, regardless of length of service, died in service due to disability or disease incurred in the service, upon death of subsequent husband or "divorce without fault on the part of the wife"; $4 per month additional for children under sixteen years of age. Increase of pension for those on the pension roll under existing law commences from the date of the approval of the act. Act of May 1, 1926.-$30 per month to widow or remarried widow of soldier of war with Spain, Philippine insurrection, or China relief expedition who, regardless of length of service, died in service of a disability incurred in the service in line of duty. Remarried widow, if divorced from subsequent husband, must be "on any ground except adultery on the part of the wife." $6 per month additional for children under sixteen years of age. Increase of pension for those on the pension roll under existing law commences on the fourth day of the next month after the approval of the act. Act of July 3, 1926.-$50 per month to "the widow or remarried widow of any person who served in the Army, Navy, or Marine 150490-33-VOL 4-13 |