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ANALYSIS OF BENEFITS TO VETERANS AND
DEPENDENTS

The analysis of compensation and pension laws which follows is sufficiently detailed to be of great value to Members of the Congress. In the following pages will be found the monthly rates of compensation, dependency and indemnity compensation, and pension, rules of eligibility, definitions, and other pertinent information for war and peacetime veterans and their dependents. The material on compensation and pension is based on the provisions of the Veterans' Benefits Act of 1957 (Public Law 85-56), as amended, and the analysis of dependency and indemnity compensation is made on the basis of the Servicemen's and Veterans' Survivor Benefits Act (Public Law 881, 84th Cong.), as amended. The definitions listed below are pertinent to the subject matter of this publication.

OLIN E. TEAGUE,

Chairman, Committee on Veterans' Affairs,
House of Representatives.

DEFINITIONS

(As contained in Public Law 85-56, June 17, 1957)

The term "veteran" means a person who served in the active military, naval, or air service, who was discharged or released therefrom under conditions other than dishonorable, and includes for death compensation a person who died in the active military, naval, or air service.

The term "military, naval, or air service" means service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, including the reserve components thereof.

The term "period of war" means the Spanish-American War, World War I, World War II, the Korean conflict, and the period beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress.

The term "veteran of any war" means any veteran who served in the active military, naval, or air service during a period of war.

The term "compensation" means a monthly payment made by the Administrator to a veteran because of service-connected disability, or to a widow, child, or parent of a veteran because of the serviceconnected death of the veteran occurring before January 1, 1957.

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The term "dependency and indemnity compensation' means a monthly payment made by the Administrator to a widow, child, or parent (A) because of a service-connected death occurring after. December 31, 1956, or (B) pursuant to the election of a widow, child, or parent, in the case of such a death occurring before January 1, 1957.

(1)

The term "pension" means a monthly payment made by the Administrator to a veteran because of service, age, or non-service-connected disability, or to a widow or child of a veteran because of the nonservice-connected death of the veteran.

The term "service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.

The term "non-service-connected" means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. COMPENSATION TO VETERANS FOR SERVICE-CONNECTED

DISABILITIES

Subject..

Peacetime service

Spanish-American War, World Wars I and II, and Korean conflict

Rates:
General..

Specific:

A. In general..
(a) Loss or loss
of use of both
hands, both feet,
or 1 hand and 1
foot.

(b) Loss or loss of
use of 2 extrem-
ities at level, or
with complica-
tions, preventing
natural elbow or
knee action with
prosthesis in
place.

(c) Loss of 2 extremities so near shoulder or hip as to prevent use of prosthetic applicance.

B. Additional...

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B. Loss or loss of use of a creative
organ, 1 foot, 1 hand, both but-
tocks, or blindness 1 eye, having
only light perception, in addition
to rates for partial or total
disability..
$38
Loss or loss of use of a creative
organ, 1 foot, 1 hand, both but-
tocks, or blindness 1 eye, having
only light perception, in addition
to requirement for any of rates for
specific disabilities, for each such
loss or loss of use, additional (but
not to exceed $360).
$38

C. Tuberculosis.... C. Minimum rate arrested TB.... $54

the

Rated as totally disabled for a
period of 2 years following date of
complete arrest, as 50 percent dis-
abled for an additional period
of 4 years, and 30 percent for a
further 5 years. Following far
advanced active lesions the
permanent rating shall be 30
percent, and following moder-
ately advanced lesions,
permanent rating, after 11 years,
shall be 20 percent, provided
there is continued disability,
dyspnea on exertion, impairment
of health, and so forth; otherwise
the rating shall be zero percent.
The total disability rating for 2
years following complete arrest
may be reduced to 50 percent for
failure to follow prescribed treat-
ment or to submit to an examina-
tion when requested.

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Subject..

Compensation to veterans for service-connected disabilities—Continued

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Discharge.

Disability:
A. Basic requirement.

B. Evaluation...

Each dependent parent... 15.00 If the veteran is partially disabled, but not less than 50 per centum, the additional compensation for dependents is a proportion of the above amounts.

NOTE.-Wartime rates of disability compensation and additional compensation for dependents are payable if disability (1) direct result armed conflict; (2) while engaged in extrahazardous service, including service under conditions simulating war; or (3) after Dec. 31, 1946 and before July 26, 1947.

Above additional amounts for dependents not payable during any period veteran is in receipt of an increased rate of compensation or of subsistence allowance on account of dependents under any other law administered by the Veterans' Administration; may elect to receive greater amount.

Above additional amount for child over age 18, attending school, not payable if child commences a program of education or training under War Orphans' Educational Assistance Act of 1956, based on death of another parent.

Under conditions other than dishonorable.

Disabled from personal injury suffered or disease contracted in line of duty, or from aggravation, in line of duty, of a preexisting injury or disease, in the active military, naval, or air service, during other than a period of war. Based upon average impairments of earning capacity resulting from such injuries in civil occupations. Schedule for Rating Disabilities, required by law, provides 10 grades of disability upon which payments are based.

No wife, 3 or more children.

Each dependent parent..... 19.00

If the veteran is partially disabled, but not less than 50 per centum, the additional compensation for dependents is a proportion of the above amounts.

Same.

Same.

Same.

Disabled from personal injury suffered or disease contracted in line of duty, or from aggravation, in line of duty, of a preexisting injury or disease, in the active military, naval, or air service, during a period of war.

Same.

Compensation to veterans for service-connected disabilities—Continued

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10 percent degree of disability or more within 1 year after separation.

10 percent degree of disability or more within 2 years after separation. 10 percent degree of disability or more within 3 years after separation. Tropical disease, and resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 percent or more within 1 year after separation from service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during service.

Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases has been suffered between the date of separation from service and the onset of any such diseases, or the disability is due to the veteran's own misconduct. 90 days.

Presumed to have been in sound condition when examined, accepted, and enrolled for service except as to defects, infirmities, or disorders noted at time of examination, acceptance, and enrollment or where clear and unmistakable evidence demonstrates that the injury or disease existed prior to acceptance and enrollment and was not aggravated by active military or naval service.

COMPENSATION TO WIDOWS AND CHILDREN FOR
SERVICE-CONNECTED DEATH BEFORE JAN. 1, 1957 12

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(equally divided). Each additional child (total amount equally divided).

Veteran's death.

Definition of "child".

See footnotes at end of table, p. 6

$18.40..

NOTE.-Wartime rates of compensation payable if death (1) direct result of armed conflict; (2) while engaged in extrahazardous service, including service under conditions simulating war; or (3) after Dec. 31, 1946, and before July 26, 1947. Death before Jan. 1, 1957,12 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during other than a period of war, discharged under conditions other than dishonorable.

A person who is unmarried and(A) who is under the age of 18 years;

(B) who, before attaining the age of 18 years, became permanently incapable of selfsupport; or

(C) who, after attaining the age of 18 years and until completion of education or training (but not after attaining the age of 21 years), is pursuing a course of instruction at an approved educational institution; 3

and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Administrator to be the father of such child.

Death before Jan. 1, 1957,12 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, discharged under conditions other than dishonorable.

NOTE. For periods of war, see limitations as to dates of service, p. 4, Compensation to Veterans for Service-connected Disabilities. Same.

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