VETERANS' BENEFITS Partial Descriptions of Programs Eligibility. Child of any person who died of a disease or injury incurred or aggravated in line of duty in the active military, naval, or air service in the Spanish-American War, World Wars I or II, or the Korean conflict, will be entitled to educational assistance if age generally falls within the limits of 18 to 23 years, inclusive. Period of education.-Overall limit of 36 months. Veterans' benefits. Description of Educational allowances.-For a person taking a full-time course, the rate is $110 a month which is reduced to $80 monthly for threequarters-time and $50 for half-time training. Education may be taken in colleges and universities as well as below college level schools but regular high school training is not included. Provision is made for specialized vocational training and special restorative training of handicapped children who have attained age 14. Eligibility. Any person who served in the active military, naval, or Korean vets educaair service on or after June 27, 1950, and prior to February 1, 1955, and who shall have served for 90 days or more and who was discharged under conditions other than dishonorable, or less than 90 days, if discharged for actual service incurred disability. Period of education.-Limited to 12 days of education or training, not to exceed 36 months, for each day of service. Such courses must be initiated not later than 3 years after the date of discharge. Education must be completed within 8 years from the date of discharge, or January 31, 1956, whichever is earlier. Extension of time for initiating and completing courses provided in certain cases of corrected discharges subject to deadline of January 31, 1965. Educational allowances.-For a veteran without dependents, pursuing a full-time program in an educational institution, an education and training allowance of $110 per month is granted, and for a veteran with 1 dependent, $135 per month, and for a veteran with more than 1 dependent, $160 a month. From this amount, the veteran must meet all of the costs incident to his education-tuition, subsistence, books, supplies, fees, etc. Proportionate rates are fixed for less than full-time courses as well as on-the-job and on-the-farm training. tion and training. tation. Eligibility. Any veteran who served in the active military or naval Vocational rehabiliservice on or after September 16, 1940, and prior to July 26, 1947, or on or after June 27, 1950, and prior to February 1, 1955, who was discharged under conditions other than dishonorable, and who has a minimum disability of 10 percent incurred in or aggravated by such service causing a need for vocational training to overcome handicap of such disability. Period of training. Generally limited to a period of 4 years, except in such cases as the Administrator may find to require additional time. In most instances training ended on July 25, 1956, for World War II veterans. However, the date is extended to July 25, 1960, for certain World War II veterans who were delayed in their training by not having attained, retained or regained medical feasibility because of a mental or physical disability, not meeting the nature of discharge requirements prior to correction of their records, or not having timely established the existence of a compensable serviceconnected disability. Veterans of Korea discharged before August 20, 1954, must complete training by August 20, 1963. Veterans of such Definitions. service discharged after that date must complete training by January 31, 1964, or 9 years after discharge, whichever is earlier. A 4-year extension of the applicable date is made for Korean conflict veterans under the same circumstances as for World War II veterans. Subsistence.-A trainee receives a minimum allowance of $65 per month if without a dependent or dependents, or $90 per month if he has a dependent or dependents; a full-time institutional trainee receives $75 per month if without a dependent, $105 per month if he has 1 dependent, $120 per month if he has more than 1 dependent. However, a "floor" on combined compensation and subsistence allowance is set for disabled veterans: Where the service-connected disability is less than 30 percent, the rate, if without a dependent, is $105 per month; with 1 dependent, $115 plus $10 for 1 child and $7 for each additional child, and $15 for a dependent parent; where the disability is rated 30 percent or more, the rates for the same conditions as above would be $115, $135, $20 for 1 child and $15 for each additional and $15 for a dependent parent. TITLE 38. VETERANS' BENEFITS (13) 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. (15) The term "pension" means a monthly payment made by the Administrator to a veteran because of service, age, or non-serviceconnected disability, or to a widow or child of a veteran because of the non-service-connected death of the veteran. (16) 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. (17) 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. (19) The term "State home" means a home established by a State (other than a possession) for veterans of any war (including the Indian Wars) disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. * (24) The term "active military, naval, or air service" includes active duty, any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty, and any period of inactive duty training during which the individual concerned was disabled or died from an injury incurred or aggravated in line of duty. § 102. Dependent parents and dependent husbands. (b) For the purposes of this title (except chapters 19 and 33), (1) the term "wife" includes the husband of any female veteran if such husband is incapable of self-maintenance and is permanently incapable of self-support due to mental or physical disability; and (2) the term "widow" includes the widower of any female veteran if such widower is incapable of self-maintenance and was permanently incapable of self-support due to physical or mental disability at the time of the veteran's death. § 105. Line of duty and misconduct. [See 38 U.S.C. 105.] § 106. Certain service deemed to be active service. benefits. (A) (1) Service as a member of the Women's Army Auxiliary Eligibility for Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Women's Army Auxiliary Corps or the Women's Army Corps shall be considered active duty for the purposes of all laws administered by the Veterans' Administration. (2) Any person entitled to compensation or pension by reason of this subsection and to employees' compensation based upon the same service under the Federal Employees' Compensation Act must elect which benefit she will receive. (b) Any person (1) who has applied for enlistment or enrollment in the active military, naval, or air service and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or (2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of his local draft board and before rejection; or (3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, or air service. (c) For the purposes of this title, whenever an individual is discharged or released after December 31, 1956, from a period of active duty he shall be deemed to continue on active duty during the period of time immediately following the date of such discharge or release from such duty determined by the Secretary concerned to be required for him to proceed to his home by the most direct route, and in any event, until midnight of the date of such discharge or release. (d) For the purposes of this title, any individual— (2) who is disabled or dies from an injury incurred after December 31, 1956, by him while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be; shall be deemed to have been on active duty for training or inactive duty training, as the case may be, at the time such injury was incurred. § 109. Benefits for discharged members of allied forces. (a) (1) In consideration of reciprocal services extended to the United States, the Administrator, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the Travel allowance. Research, prostheses. Rehabilitation surveys. United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Administrator may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Veterans' Administration facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Adminstrator may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane. § 110. Preservation of total disability ratings. A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Veterans' Administration, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. § 111. Travel expenses. (a) Under regulations prescribed by the President, the Administrator may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage traveled, or any person to or from a Veterans' Administration facility or other place in connection with vocational rehabilitation, counseling required by the Administrator pursuant to chapter 33 or 35 of this title, or for the purpose of examination, treatment, or care. (b) Mileage may be paid under this section in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, before the completion of travel. (c) When any person entitled to mileage under this section requires an attendant (other than an employee of the Veterans' Administration) in order to perform such travel, the attendant may be allowed expenses of travel upon the same basis as such person. (d) The Administrator may provide for the purchase of printed reduced-fare requests for use by veterans and their authorized attendants when traveling at their own expense to or from any Veterans' Administration facility. Chapter 3-Veterans' Administration; Officers and Employees § 216. Research by Administrator. (a) The Administrator shall conduct research in the field of prosthesis, prosthetic appliances, orthopedic appliances, and sensory devices. (b) In order that the unique investigative materials and research data in the possession of the Government may result in improved prosthetic appliances for all disabled persons, the Administrator may make available to any person the results of his research. (c) There is authorized to be appropriated annually $1,000,000, to remain available until expended, to carry out this section. § 217. Studies of rehabilitation of disabled persons. (a) The Administrator may make or have made studies, investigations, and reports relative to the rehabilitation of disabled persons, the relative abilities, aptitudes, and capacities of the several groups Chapter 11-Compensation for Service-Connected Disability or compensation. For disability resulting from personal injury suffered or disease Wartime disability contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is the result of the veteran's own willful misconduct. § 311. Presumption of sound condition. For the purposes of section 310 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. § 312. Presumptions relating to certain diseases. For the purposes of section 310 of this title, and subject to the provisions of section 313 of this title, in the case of any veteran who served for ninety days or more during a period of war (1) a chronic disease becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service; (2) a tropical disease, and the 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 per centum or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service; (3) active tuberculous disease developing a 10 per centum degree of disability or more within three years from the date of separation from such service; |