(3) Where the veteran is an employee | helplessness or blindness or need of reguof the Veterans' Administration in the lar aid and attendance of another person classified service or for 90 days continuously in the unclassified service;

§ 4.2034 Proof of birth or relation-ance, the increased rating shall be effective from the date of inception of the ship. [Revoked] requisite condition, as shown by the evi

NOTE: § 4.2034 was revoked July 10, 1940; dence or the date of the Act authorizing 5 F.R. 2511.

ORIGINAL AWARDS

§ 4.2113 Peace-time service subsequent to April 20, 1898. (a) No award of disability pension shall be effective prior to the date of the veteran's separation from service, date of the happening of the contingency upon which such pension is allowed, or the date of receipt of application therefor, whichever is the later date. (§ 35.021 (a) (1) (i) of this chapter.) The pension to be awarded will be in accordance with the rates provided in § 35.012 of this chapter and the Schedule for Rating Disabilities, 1933.

1862), by awarding, effective July 1, 1936, 75 percent of the rate payable under the General Law where that benefit is greater than the amount payable under Public No. 2, 73d Congress. In this class of cases a claim for compensation under the War Risk Insurance Act will be accepted for the purpose of awarding the benefits under Public No. 788, 74th Congress, as a claim for pension under the General Law, and such claims will be forwarded to the director, veterans claims service, central office. (Sec. 5, 43 Stat. 608, secs. 1, 2, 46 Stat. 1016, sec. 7, 48 Stat. 9; 38 U.S.C. 2, 11, 11a, 426, 707) [As added Jan. 8, 1940; 5 F.R. 111]

§ 4.2116 Act of April 3, 1939 (Public No. 18, 76th Congress). Commencement shall be from the date of claim, April 3, 1939, or the date following the day upon which his active service pay ceased, (Sec. 5, 43 Stat. whichever is the later.

608, secs. 1, 2, 46 Stat. 1016, sec. 7, 48 Stat. 9; 38 U.S.C. 2, 11, 11a, 426, 707) [As added Jan. 8, 1940; 5 F.R. 111]

AMENDED AWARDS

§ 4.2117 Increases. (See also §§ 3.1214 and

3.1216 of this chapter.) Under the laws pro

(b) Pursuant to the provisions of Public No. 788, 74th Congress, enacted June 24, 1936, any peace-time veteran entitled to pension for service-connected disability under § 35.012 of this chapter, and who was on March 19, 1933, in receipt of compensation under the World War Veterans Act, 1924, as amended, or pension under the General Law, for such service-connected disability shall be entitled to receive pension at 75 percent of the compensation or pension being paid on March 19, 1933, effective July 1, 1936. Where the degree of such service-connected disability has increased or decreased since March 19, 1933, the percent limits shall be de-viding pension for persons who served prior termined on the basis of the rate of compensation or pension payable for such changed condition under the laws applied to such veteran in effect on March 19, 1933. However, in no event shall the rate of pension herein provided exceed 75 percent of the rate of pension for similar disability under § 35.011 of this chapter. Such pension shall be subject to the regulations issued under Public Law No. 2, 73d Congress, pertaining to hospitalized and domiciled cases. (c) The protection afforded by Public No. 788, 74th Congress, will be extended to the claims of veterans who were on March 19, 1933, receiving compensation under the War Risk Insurance Act, as protected by section 602 of the World War Veterans Act, 1924, as amended, for a disability incurred prior to April 6, 1917, where the veteran was also in the active service on April 6, 1917, or for a disability incurred subsequent to July 2, 1921, where such disability would also have been pensionable on March 19, 1933, under the General Law (Act of July 14,

to April 21, 1898, the effective date of an award of increased pension because of increased disability or need of frequent and periodical attendance will be from the date of receipt in the Veterans' Administration of the evidence by which the condition warranting the increase is shown to exist, but not earlier than the date of claim therefor nor prior to the date of enactment of the law upon which the benefit is based. Under the laws reenacted by Public No. 269, 74th Congress, the effective date of an award of increased pension because of increased disthe Veterans' Administration, of the evidence ability will be from the date of receipt in by which the condition warranting the increase is shown to exist, but not earlier than the date of claim therefor nor prior to the date of reenactment of the law upon which the benefit is based; increased pension because of need of regular aid and attendance requisite condition, as shown by the eviwill be from the date of inception of the dence, or December 26, 1939, whichever is the later date. (49 Stat. 614; 38 U.S.C., Sup., 368, 369) [As amended Apr. 18, 1940; 5 F.R. 1453]

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 4.2117 Increases. Under the laws providing pensions for persons who served prior to April 21, 1898, the effective date

of an award of increased pension be- | reduction, suspension or termination is cause of increased disability or need of approved. If reply is received within the frequent and periodical attendance will designated period, it will be carefully conbe from the date of receipt in the Vet-sidered to determine whether cause has erans' Administration of the evidence by been shown for receding from the conwhich the condition warranting the in- templated action. If the contemplated crease is shown to exist, but not earlier action is not receded from, the pension than the date of claim therefor nor prior will be reduced, suspended or terminated to the date of enactment of the law upon as in cases where no reply is received: which the benefit is based. Under the Provided, That no reduction, suspension laws reenacted by Public No. 269, 74th or termination will be effective prior to Congress, the effective date of an award the last day of the month in which the of increased pension because of increased designated period expires. In any event disability will be from the date of receipt the pensioner will be informed of the in the Veterans' Administration of the action taken. (46 Stat. 1016; 38 U.S.C. evidence by which the condition warrant- | 11) [As amended Dec. 19, 1940; 5 F.R. ing the increase is shown to exist, but 51471 not earlier than the date of claim therefor nor prior to the date of reenactment of the law upon which the benefit is § 4.2221 Public, No. 18, 76th Congress based; increased pension because of need of regular aid and attendance will be (Act of April 3, 1939). Retirement pay from the date of inception of the requisite under this Act may not be apportioned. condition, as shown by the evidence, or (53 Stat. 555; 10 U.S.C., Sup., 292b) [As the date of the Act authorizing the pay-added Jan. 8, 1940; 5 F.R. 111] ment, whichever is the later date. (49 Stat. 614; 38 U.S.C., Sup., 368, 369) amended Dec. 10, 1940; 5 F.R. 48931

DECREASES AND DISCONTINUANCES

[As

§ 4.2135 Section 30, Public No. 141, 73d Congress; Public No. 269, 74th Congress; Indian Wars; Civil War; and peace-time prior to April 21, 1898.

APPORTIONMENT AND DIVISION

§ 4.2227 Claims by reason of desertion. (a) When the wife alleges that the pensioner has deserted her, the claim must be accompanied by evidence showing that she is the wife of the pensioner; that he has deserted her for a period of over 6 consecutive months; and that she is a woman of good moral character and in necessitous circumstances.

(b) When the claim is made by or on behalf of the minor child or children who are under 16 years of age, the claim must be accompanied by evidence showing the fact of desertion, the marriage of the parents and termination of each prior marriage of each, the date of birth of each child, death or divorce of the mother of the minor child or children, or that she has no entitlement under the Act.

(c) Notice of reduction, suspension or termination will be given the pensioner by registered letter containing a full and true statement of the reasons, necessitating such action. It will be stated in the letter that the pensioner will be given a period of 30 days (60 days to pensioners in foreign countries) from the date of receipt of the letter by him within which to show cause why the action contemplated should not be taken. The pensioner will be informed that any evidence submitted must be duly sworn to before some officer authorized to admin-pendent child the claim must be accomister oaths for general purposes. (See also § 2.1032 of this chapter.) If reply is not received within the period designated in the notice, as shown by the date appear-permanently helpless and dependent being on the returned registered receipt, the pension will be reduced, suspended or terminated as the case may be, effective on the last day of the month in which the

(c) When the claim is made by or on behalf of a permanently helpless and de

panied by the evidence set forth in paragraph (b) of this section and in addition, evidence showing that the child became

fore reaching the age of 16 and that such conditions existed on the date of filing claim. (Sec. 7, 48 Stat. 9; 38 U.S.C. 707) [As amended Oct. 30, 1940; 5 F.R. 43041

PART 5-ADJUDICATION: DEPEND- | § 5.2514 (b) as to widowhood, § 5.2514 (c) (2) as to definition of the term "child", § 5.2548 (f) (2) as to annual

PENSIONABLE AND COMPENSABLE SERVICE FOR income restrictions, and § 5.2575 (b) as

in any case wherein the widow is receiving, or has heretofore made or shall hereafter make application for, pension under the Act of May 1, 1926, and who thereafter elects or has heretofore elected to receive benefits in lieu thereof, under some other law.

ment to date of discharge, including all This exception shall be for application leaves of absence and furloughs under General Orders numbered 130, August 29, 1898, War Department (42 Stat. 835; 38 U.S.C. 360); or, regardless of the length of service, if the veteran was dis- | charged for or died in service of a disability incurred in the service in line of duty shall be entitled to receive pension at the monthly rates specified in § 5.2634, when § 4.2007 of this chapter as to persons included, § 4.2018 of this chapter as to service, and § 4.2039 of this chapter as to character of discharge, are met.

(b) Where claim was filed on or after August 5, 1939. (1) For the purposes of Public No. 279, 76th Congress, (Act of August 5, 1939) when the veteran died prior to August 5, 1939, and claim is filed on or after that date, but within 1 year (b) When a pension has been granted following the date of death of the vetto an insane, idiotic, or otherwise helpless eran, the award shall be effective August child, or to a child or children under the 5, 1939, the date of enactment of the Act. age of 16 years, a widow or remarried If application is not filled within 1 year widow shall not be entitled to a pension from the date of death, the award shall until the pension to such child or children be effective the date of filing the terminates, unless such child or children application. be a member or members of her family and cared for by her; and upon the granting of pension to such widow or remarried widow payment of pension to such child or children shall cease. (54 Stat. 301; 38 U.S.C. 351a) [As amended June 11, 1940; 5 F.R. 3468]

COMMENCEMENT OF ORIGINAL AWARDS OF
DEATH PENSION OR COMPENSATION

(2) When the veteran died on or after August 5, 1939, and claim is filed within 1 year following the date of death, the award shall be effective the day following the date of death. If application is not filed within 1 year from the date of death, the award shall be effective the date of filing application.

(c) Limitation. No award shall commence prior to March 28, 1934, under § 5.2572 Service acts, War with Spain, section 30, Title III, Public No. 141, 73d Boxer Rebellion, and Philippine Insur- Congress, or prior to August 13, 1935, rection. Original awards of death pen-under Public No. 269, 74th Congress. sion under the Service Acts (except (48 Stat. 525, 49 Stat. 614; 38 U.S.C. 366; awards authorized solely by virtue of 367, 38 U.S.C., Sup., 368, 369) Public No. 594, 76th Congress) relating to the War with Spain, Boxer Rebellion and Philippine Insurrection (40 Stat. 903, 42 Stat. 834, 44 Stat. 382, sec. 30, 48 Stat. 525, 49 Stat. 614; 38 U.S.C. 354-356, 358-360, 363, 376, 364-364f, 366, 367, 38 U.S.C., Sup., 368, 369) shall

commence:

(a) Where claim was filed prior to August 5, 1939-(1) Widows. The date of filing formal application.

(2) Remarried widows. (Under Public No. 269, 74th Congress only). The date of filing formal application.

(3) Children. The date of filing formal application, except that, under the Act of May 1, 1926, in case of death or remarriage of a pensioned widow or forfeiture of her title to pension, their payments shall commence from the date of such death, remarriage or forfeiture.

(d) Effective date of awards of pension. Original awards of death pension not authorized except by virtue of Public No. 594, 76th Congress, (Act of June 11, 1940, 54 Stat. 301; 38 U.S.C. 351a) shall, as to those persons on the rolls and as to claims pending on the date of enactment of that Act, be effective June 11, 1940. In all other cases awards of pension authorized under that Act shall be effective from the date of filing the application, but in no event prior to June 11, 1940. (54 Stat. 301; 38 U.S.C. 351a) [As amended June 11, 1940; 5 F.R. 3468] § 5.2575 Death due to paralysis, paresis, blindness or while helpless or bedridden-(a) Public, No. 196, 76th Congress.

(b) Public, No. 196, 76th Congress, as amended. For the purposes of Public