Rated permanent total continuous period of 10 years. $78.75 Permanent total disability and age 65 or older. $78.75 In the administration of the aforementioned provisions the determination of permanent total disability is made on a very liberal basis. Such a rating is granted (where the requirement of permanence is met) when there is a single disability of 60 percent or 2 or more disabilities 1 of which is 40 percent in degree, combined with other disability or disabilities to a total of 70 percent, and unemployability attributed thereto. Although age alone is not considered as a basis for entitlement to such pension, it is considered in association with disability and unemployability in determining permanent and total disability. The afore- mentioned percentage requirements are reduced on the attainment of age 55 to a 60 percent rating for 1 or more disabilities, with no percentage requirement for any 1 disability; at age 60 to a 50 percent rating for 1 or more disabilities; and at age 65 to 1 disability ratable at 10 per- cent or more. When these reduced percentage require- ments are met and the disability or disabilities involved are of a permanent nature, a permanent and total disa- bility rating will be assigned, if the veteran is determined to be unable to secure and follow substantially gainful employment by reason of such disability.
No payment if income exceeds $1,400, if single, or $2,700, if married, or if person has minor children. In determining annual income, the following amounts will not be considered: (1) Payments under laws administered by the Veterans' Administration because of disability or death; (2) mustering-out pay; (3) 6 months' death gratuity; (4) annuities under ch. 73 of title 10 of United States Code; (5) adjusted compensation; and (6) State bonus payments.
Willful misconduct or vicious habits bar pension.
(A) service in the period beginning on Apr. 6, 1917, and ending on Nov. 11, 1918; and
(B) in the case of any veteran who served during the peri- od in (A), includes the peri- od after November 11, 1918, and before July 2, 1921; and (C) in the case of a veteran who served with the United States military forces in Russia, means the period be- ginning on Apr. 6, 1917, and ending on Apr. 1, 1920. (A) for 90 days or more during the war period;
(B) during the war period and was discharged or re- leased from such service for a service-connected disability;
NOTE.-Pension is not payable to a veteran while imprisoned in penal institution for conviction of felony or misdemeanor, the suspension of payment to begin on 61st day of imprisonment. Payment is authorized in such cases to otherwise eligible dependents.
PENSIONS TO WIDOWS AND CHILDREN FOR NON-SERVICE-CONNECTED DEATH
Pensions to widows and children for non-service-connected death-Continued
30 days or more in an Indian war, or for duration of such a war if less than 30 days, in any military or- ganization, if such service was under authority or by approval of the United States or any State or Territory. Discharge or release under conditions other than dis- honorable.
(A) 90 days or more (or less if discharged or released from such service for service-connected dis- ability) during (1) the period beginning on Apr. 6, 1917, and ending on Nov. 11, 1918 (Apr. 1, 1920, as to service with the United States military forces in Russia), or (2), after Nov. 11, 1918, and before July 2, 1921, if there was service during the prior period; or
(B) 90 consecutive days or more, which ended during the war period; or (C) at the time of death
veteran was receiving (or entitled to receive) com- pensation or retirement pay based upon a service- connected disability. Discharge or release under conditions other than dis- honorable.
(A) 90 days or more (or less if discharged or released from such service for a service-con- nected dis- ability) during the period be- ginning on Dec. 7, 1941, and ending on Dec. 31, 1946 (or 90 consecutive days or more, which began or ended during such period) and at the time of death vet- eran had a serv- ice-connected condition; or (B) at the time of death veteran was receiving (or entitled to receive) com- pensation or re- tirement pay based upon a service-con- nected dis- ability.
Discharge or re
lease under
conditions
other than
dishonorable.
(A) 90 days or more (or less if discharged or released from such service for a service-con- nected dis- ability) during the period be- ginning on June 27, 1950, and ending on Jan. 31, 1955 (or 90 consecutive days or more, which began or ended during such period) and at the time of death veteran had a service- connected con- dition; or (B) at the time of death veteran was receiving (or entitled to receive) compen. sation or retire- ment pay based upon a service- connected dis- ability. Discharge or re- lease under
conditions other than dishonorable.
Marriage date to veteran.
A woman who, according to Same. the law of the place where the parties resided when the marital relationship began or ended, was the lawful wife of a veteran at the time of his death, and who lived with him continuously from the date of marriage to the date of his death, except where there was a separa- tion which was due to the misconduct of, or pro- cured by, the veteran without fault of the wife. Whenever it is established by evidence satisfactory to the Administrator of Veterans' Affairs that a woman, without knowl- edge of any legal impedi- ment, entered into a mar- riage with the veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with him for 5 or more years immedi- ately before his death, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow who is found to be entitled to benefits. Prior to Mar. 4, 1917; or for 5 or more years; or for any period of time if a child was born of the marriage.
Prior to June 27, 1905; or for 5 or more years; or for any period of time if a child was born of the marriage.
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