The term "parent" includes a father, mother, grandfather, grandmother, father through adoption, mother through adoption, stepfather, and stepmother, either of the persons in the service or of the spouse. (Item 90, Chart of Inequalities; U. S. C., title 38, sec. 424; Reg. Bureau of Pensions, sec. 223.) 22. Pension and compensation to dependents of deceased veterans(1) Widow and children-World War.-(a) Widows, $30 per month; widow and one child, $40 per month, with $6 for each additional child; no widow and one child, $20 per month; no widow and two children, $30 per month; no widow and three children, $40 per month, with $5 for each additional child. (b) Death of veteran must have been due to service-connected disability. (c) Compensation to a widow terminates upon her remarriage and can not be revived. (d) No termination of compensation because of open and notorious illicit cohabitation. (e) Compensation to children terminates at age of 18 years or marriage, except may be continued to age of 21 years if to complete education in approved school. (f) Compensation to helpless child continues during such helplessness. (g) Right of helpless child may arise at time of such disability regardless of age. (h) Compensation may be apportioned for children not in widow's care. Prior wars and regular establishment.- (a) Widows receive service pension of $30 and $6 for each additional child, with the following exceptions: Mexican War, service pension of $50 instead of $30 (no provision for children); Civil War, service pension of $40 if 70 years of age or $50 if wife of veteran during such service; and regular establishment, $12 to $30 for widow, depending on rank, if death of veteran is due to service. Rate for children $2 to $6 per month. In consideration of widows' claims for pension, general pension laws, service-connected death cause of soldier husband required, and the so-called service pension laws, service-connected death cause not required, it should be kept in mind that provisions are made for allowances in the service pension laws for widows whose husbands did not render the required number of days service during the war and yet who may have been discharged for or died in service of a disability incurred in service and in the line of duty. If there is no widow, the children share the widow's portion in addition to their own. (b) Indian wars, service 30 days or more or through or during campaign or died in service; Mexican War, service 60 days or more, service connection of death not required; Civil War, service 90 days or more, or discharged for or died in service of a disability incurred in service and in line of duty; war with Spain, Philippine insurrection, and Boxer rebellion, service 90 days or more or regardless of length of service was discharged for or died on account of disability incurred in service in line of duty; regular establishment, death must be from disability incurred in service. (c) Indian wars, pension to widow terminates upon remarriage, but may be revived on termination of remarriage if terminated by death or divorce without fault on her part; Civil War, war with Spain, Philippine insurrection, and Boxer rebellion, terminates on remarriage, but may be revived on termination of remarriage if terminated by death or divorce for any cause except adultery on her part; Mexican War and regular establishment, terminates on remarriage and may not be revived after remarriage. (d) Right of widow to pension terminates if widow is guilty of open and notorious adulterous cohabitation. (Same under all pension laws.) (e) Pension to children terminates at age of 16 years. (f) Helpless child takes pension during helplessness after age of 16 years provided helplessness existed at age of 16 years. (g) No right of helpless child if helplessness arises after age of 16 years. Child must have been under 16 years of age at date of death of soldier. (h) If widow is unsuitable or has abandoned her children, pension may be paid to the guardian of the children as if there were no widow. No apportionment provided. (Items 94, 95, 96, 97, Chart of Inequalities; U. S. C., title 38, secs. 191, 205, 371, 373, 375, 381a; R. S. 4732, U. S. C., title 38, secs. 198, 205, 261, 292; R. S. 4731, U. S. C., title 38, secs. 205, 281-284, 288, 291, 291(a-d), 341b, 205, 364 (a–f), 191, 193, 195, 205; 41 Stat. at L. 585, U. S. C., title 38, sec. 472; 381a, 341b, 364a, 472; 199; 381a, 200; R. S. 4731, U. S. C., title 38, secs. 288, 364a, 193, 472.) (2) Dependent parents-World War.-Compensation may be payable if death is due to service-connected disability. One parent, $20, or both, $30. Amount payable should not exceed the difference between the total amount payable to widow and children and the sum of $75, provided that in case there is both a dependent mother and dependent father the amount payable to them shall not be less than $20 per month. Compensation not terminated on remarriage of dependent mother but dependency must be established annually. Pension of $12 to $30 per month (according to rank of veteran) may be paid to a dependent parent of a veteran who died from serviceconnected disability. All dependent parents of deceased Civil War veterans, otherwise entitled, receive $30 per month. Dependent parents of deceased war with Spain veterans receive from $20 to $30 per month. Parent may not receive pension while widow and children are receiving pension. Pension to dependent mother ceases on remarriage but may be revived if dependency is shown. Pension is payable to one parent at a time, dependent mother first; if no mother, then to father, if dependent. (Items 91, 92, 98, Chart of Inequalities; U. S. C., title 38, secs. 203, 205, 312, 358, 472; 203, Reg. Bureau of Pensions, sec. 210, U. S. C., title 38, sec. 661, R. & P. V. A. 1046-1050 (R); U. S. C., title 38, secs. 205, 472, 475.) (3) Brothers and sisters-World War.-Brothers and sisters, as such, are not granted compensation. Prior wars and regular establishment. If veteran dies from a service-incurred disability, leaving neither widow nor legitimate children, the pension to which the veteran would be entitled for total disability may be paid to the following and in the order of precedence given: Mother, father, orphan brothers and sisters under sixteen years of age. Veteran must have incurred disability after March 4, 1861. (Item 99, Chart of Inequalities; U. S. C., title 38, secs. 203, 204.) NOTE. "Regular establishment" as used in this tlite, "Pension and compensation to dependents of deceased veterans," extends to death cause in line of duty incurred in service at any time. 23. Fees for agents or attorneys-Pension laws.-The maximum fee of an agent or attorney is $25 in special agreement cases; $20 in claims under act of June 5, 1920, with fee agreements in all others $10, but no claim agent may receive a fee in making application for arrears. World War veterans' act. The maximum fee of a claim agent or attorney is $10 in any one case, except in suits for insurance where the amount awarded may not exceed 10% of the amount of insurance recovered by such suit. There is no provision in the emergency officers' retirement act. The adjusted compensation act provides that no fees for agents or attorneys shall be allowed for claims thereunder. (Items 27, 28, 29, Chart of Inequalities; U. S. C., title 38, secs. 111, 361, 196, 206, 244, 286, 291c, 325, 330, 341e, 363, 364e, 381d, 114, 116, 112, 113, 238b, 324, 326, 361, 365f, 551, 130, 619; 115; 113.) 24. Penalties (1) Penalty for fraudulent receipt of pension or compensation Pension.-$1,000 or imprisonment for not more than five years. Compensation.-$2,000 or imprisonment for not more than one year. (Item 30, Chart of Inequalities; U. S. C., title 38, secs. 128, 553, 554.) (2) Penalty for fraudulent claims-Pension.-$500 or imprisonment for not more than five years. Compensation.-$1,000 or imprisonment for not more than one year. Insurance.-$5,000 or imprisonment for not more than two years. Adjusted compensation. $1,000 or five years' imprisonment. Forgery of adjusted-service certificate.$5,000 and imprisonment not more than fifteen years. Emergency officers' retirement act.-No provision. (Item 32, Chart of Inequalities; U. S. C., title 38, secs. 126, 555, 552, 682, 648.) NOTE.-U. S. Criminal Code has general provision with maximum penalty of $10,000 or imprisonment not more than ten years, or both, for presenting or aiding to obtain payment of false claim. (U. S. C., title 38, secs. 80, 83.) (3) Penalty for embezzlement by guardian-Pension laws.-$2,000 and imprisonment not to exceed five years. Compensation or insurance.-$2,000 and imprisonment not to exceed five years. Adjusted compensation. No provision. Emergency officers' retirement act.-No provision. (Item 34, Chart of Inequalities; U. S. C., title 38, secs. 127, 556.) 25. Purchase and sale of supplies—(1) Purchase of supplies.—The Bureau of National Homes may purchase supplies not exceeding $1,000 without advertising. The Pension Bureau may purchase supplies not exceeding $100 without advertising, and the U. S. Veterans' Bureau may purchase supplies not exceeding $50 without advertising. (Items 1f, 10, Chart of Inequalities; U. S. C., title 24, secs. 77, 78, 80, 81; title 38, sec. 459e; title 24, secs. 80, 82; title 5, sec. 496; title 41, sec. 6.) (2) Sale of supplies and deposit of receipts.-The Board of Managers may sell and deposit receipts in current appropriation. There is no specific provision for sale by the Bureau of Pensions. The Veterans' Administration is authorized to sell surplus equipment, products, or waste material, and lease lands or buildings for a term not exceeding three years. Receipts from sales are deposited in miscellaneous receipts. (Items 1f, 11, 12, Chart of Inequalities; U. S. C., title 24, secs. 112, 119, 136, 139; title 38, secs. 455, 485; title 24, sec. 112; title 38, sec. 455; title 38, sec. 485.) A STUDY OF INEQUALITIES IN VETERANS' LEGISLATION TABLE OF CONTENTS [NOTE.-Beginning on page 1255, where double pagination is given, the lower page number is from the original of the Veterans' Administration] TABLE I.-INTRODUCTION GENERAL PROVISIONS General authority Receipt of donations.. Discretionary authority specifically granted.. Records-Maintenance, release and sale of information from Annual report.. Travel authority and stenographic aid for persons detailed to examine merits of claims and investigate fraud.. ! ! ! ! 10 11 1 11 5 14 Postmasters prohibited from delivering pension mail under certain conditions.. 15 Undelivered checks. Attachment of payments. 5 Examination of merits of claims; administration of oaths by employees Penalty for fraudulent claims or affidavits or papers in support of claims.... 32 6 1240 Penalty for breach of discipline by patients in hospitals... PENSION, COMPENSATION, AND INSURANCE Pension or compensation for service-connected disabilities. Statutory rates.. Right of election to pension or compensation. Pension or disability allowance for nonservice-connected disabili ties.. Presumption of disability. Willful misconduct or vicious habits___ Rights of aliens.... 666666666 Discharge of a person for having concealed minority at time of enlistment.. Effect of desertion. Evaluation of disability. Specific statutory rates for tuberculosis. Aid or attendance__. Increase in rate of pay while hospitalized for service-connected disability, nonstatutory Double compensation based on degree of disability. Double pension based on origin of disability Additional pension or compensation -- Payment of active-service pay and pension or compensation for same period. Application-Form and execution thereof. Effective date of awards__ Special acts__ - . Date of payments.. Notice of allowance of claim.. Payment of pension or compensation to officers of institutions_ Allotment of compensation while hospitalized; withholding of portion of compensation when funds are dissipated__ Guardians.. 13 Reduction of awards.. 13 Reduction of payments to insane veterans without dependents. 13 10 HOSPITALIZATION, TREATMENT, EXAMINATION, AND Hospitalization for service-connected disabilities Hospitalization for specific nonservice-connected disabilities Hospitalization for general nonservice-connected disabilities_ Prerequisites to entitlement under items 68, 69, and 70- 68 15 69 15 15 71 15 72 15 15 74 15 75 15 15 77 15 16 |