March 20, 1933, 48 Stat. 8-12 [PUBLIC-No. 2-73D CONGRESS] [H. R. 2820] AN ACT To maintain the credit of the United States Government. Be it enacted by the Senate and House of Representatives of the TITLE I U. S. C. 38: 701 U. S. C. 38: 702 U. S. C. 38: 703 VETERANS Amended March 28, 1934, 48 Stat. 524-526: SECTION 1. That subject to such requirements and limitations as shall be contained in regulations to be issued by the President, and within the limits of appropriations made by Congress, the following August 13, classes of persons may be paid a pension: 1935, 49 Stat. 614; June 24, 1936, 49 Stat. 1910; Decem (a) Any person who served in the active military or naval service and who is disabled as a result of disease or injury or aggravation ber 14, 1944, of a preexisting disease or injury incurred in line of duty in such service. (b) Any person who served in the active military or naval service. (c) The widow, child, or children, dependent mother or father, SEC. 3. For each class of persons specified in subparagraphs (a) (a) Disabilities and deaths resulting from disease or injury 58 Stat. 804, 85 (f) added March 24, 1943, 57 Stat. 43 15, 1948, 62 Stat. 500; 1949, 63 Stat. (g) added June September 7, 688, c. 536 Amended 1935, 49 Stat. August 26, 869; August 16, 1937, 50 Stat. 616, § 5 Amended June Stat. 1910: 1937, 50 Stat. 660, $3 24, 1936, 49 August 16, U. S. C. 38: 704 SEO. 4. The President shall prescribe by regulation (subject to the provisions of section 1 (e) of this title) the date of the beginning and of the termination of the period in each war subsequent to the Civil War, including the Boxer Rebellion and the Philippine Insurrection, service within which shall for the purposes of this Act be deemed war-time service. The President shall further prescribe by regulation the required number of days of war or peace time service for each class of veterans, the time limit on filing of claims for each class of veterans and their dependents, the nature and extent of proofs and presumptions for such different classes, and any other requirements as to entitlement as he shall deem equitable and just. The President in establishing conditions precedent may prescribe different requirements or conditions for the veterans of different wars and their dependents and may further subdivide the classes of persons as outlined in section 1 of this title and apply different requirements or conditions to such subdivisions. U.S. C. 38: 705 SEC. 5. All decisions rendered by the Administrator of Veterans' Affairs under the provisions of this title, or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision. U.S. C. 38: 707 U.S. C. 38: 708 U.S. C. 38: 709 SEO. 6. In addition to the pensions provided in this title, the Administrator of Veterans' Affairs is hereby authorized under such limitations as may be prescribed by the President, and within the limits of existing Veterans' Administration facilities, to furnish to veterans of any war, including the Boxer Rebellion and the Philippine Insurrection, domiciliary care where they are suffering with permanent disabilities, tuberculosis or neuropsychiatric ailments and medical and hospital treatment for diseases or injuries.. SEC. 7. The Administrator of Veterans' Affairs subject to the general direction of the President and in accordance with regulations to be issued by the President shall administer, execute, and enforce the provisions of this title and for such purpose shall have the same authority and powers as are provided in sections 425, 430, 431, 432, 433, 434, 440, 442, 443, 444, 447, 450, 451, 453, 455, 457, 458, 459, 459a, 459c, 459d, 459e, 459f, title 38, U. S. C., and such other sections of title 38, U. S. C., as relate to the administration of the laws granting pensions. SEC. 8. The Administrator of Veterans' Affairs is hereby authorized in carrying out the provisions of Title 1 of this Act or any other pension Act to delegate authority to render decisions to such person or persons as he may find necessary. Within the limitations of such delegations, any decisions rendered by such person or persons shall have the same force and effect as though rendered by the Administrator of Veterans' Affairs. The President shall personally approve all regulations issued under the provisions of this title. SEC. 9. Claims for benefits under this title shall be filed with the Veterans' Administration under such regulations, including provisions for hearing, determination, and administrative review, as the President may approve, and payments shall not be made for any period prior to date of application. When a claim shall be finally disallowed under this title and the regulations issued thereunder, it may not thereafter be reopened or allowed. No person who is entitled to any benefits under this title shall participate in any determination or decision with respect to any claim for benefits under this title. U. S. C. 38: 710 U. S. C. 38: 711 U. S. C. 38:712 U. S. C. 38: 713 U. S. C. 38: 714 U. S. C. 38: 715 SEC. 10. Notwithstanding the provisions of section 2 of this title, any person who served as an officer of the Army, Navy, or Marine Corps of the United States during the World War, other than as an officer of the Regular Army, Navy, or Marine Corps during the World War, who made valid application for retirement under the provisions of Public No. 506, Seventieth Congress, enacted May 24, 1928, sections 581 and 582, title 38, United States Code, and who prior to the passage of this Act has been granted retirement with pay, shall be entitled to continue to receive retirement pay at the monthly rate now being paid him if the disability for which he has been retired resulted from disease or injury or aggravation of a preexisting disease or injury incurred in line of duty during such service: Provided, That such person entered active service between April 6, 1917, and November 11, 1918: Provided, That the disease or injury or aggravation of the disease or injury directly resulted from the performance of military or naval duty, and that such person otherwise meets the requirements of the regulations which may be issued under the provisions of this Act. SEC. 11. All offenses committed and all penalties or forfeiture incurred under the acts repealed by section 17 of this title may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made and any person who forfeited rights to benefits under any such acts shall not be entitled to any benefits under this title. SEC. 12. That whoever in any claim for benefits under this title or by regulations issued pursuant to this title, makes any sworn statement of a material fact knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. SEC. 13. That if any person entitled to payment of pension under this title, whose right to such payment under this title or under any regulation issued under this title, ceases upon the happening of any contingency, thereafter fraudulently accepts any such payment, he shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both. SEC. 14. That whoever shall obtain or receive any money, check, or pension under this title, or regulations issued under this title, without being entitled to the same, and with intent to defraud the United States or any beneficiary of the United States, shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both. SEC. 15. Any person who shall knowingly make or cause to be made, or conspire, combine, aid, or assist in, agree to, arrange for, or in any wise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, or writing purporting to be such, concerning any claim for benefits under this title, shall forfeit all rights, claims, and benefits under this title, and, in addition to any and all other penalties imposed by law, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both. SEC. 16. Every guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant or his estate, having charge and custody in a fiduciary capacity of money paid, under the provisions of this title, for the benefit of Amended 1940, 54 Stat. October 17, 1196, § 9 Repealed 1935, 49 Stat. 609, $2 August 12, 8 38: S. C. 38: 719 any minor or incompetent claimant, who shall embezzle the same in SEC. 17. All public laws granting medical or hospital treatment, SEC. 18. For the fiscal year ending June 30, 1934, any pension, and/or any other monetary gratuity, payable to former members of the military or naval service in wars prior to the Spanish-American War, and their dependents, for service, age, disease, or injury, except retired pay of officers and enlisted men of the Regular Army, Navy, Marine Corps, or Coast Guard, shall be reduced by 10 per centum of the amount payable. U. S. C. 38: 720 U. S. C. 38: 721 SEC. 19. The regulations issued by the President under this title Approved, March 20, 1933. Amended 1937, 50 Stat. August 16, 660, § 3 June 16, 1933, 48 Stat. 283, 303 [PUBLIC LAW 78-73D CONGRESS] [CHAPTER 101-1ST SESSION] AN ACT Making appropriations for the Executive Office and sundry independent executive VETERANS' ADMINISTRATION Payments to beneficiaries of the Veterans' Administration who are now receiving reduced monthly benefits in order to effect recovery of amounts due the United States shall continue in such reduced amounts until June 30, 1933: Provided, That such payments are otherwise authorized: Provided further, That no disbursing officer shall be held liable for any payment made under the provisions of this section or for the uncollected balance of any over payment involved. Approved, June 16, 1933. |