(2) (A) In the event of the death of any veteran subject to the provisions of this section, while receiving hospital treatment, institutional or domiciliary care, or before payment of any lump sum authorized herein, such lump sum shall be paid in the following order of precedence: First, to the spouse; second, if the decendent left no spouse, or if the spouse is dead at time of settlement, then to the children (without regard to their age or marital status) in equal parts; third, if no spouse or child, then to the dependent parents in equal parts. If there are no persons in the classes named to whom payment may be made under this paragraph, no payment shall be made, except there may be paid only so much of the lump sum as may be necessary to reimburse a person who bore the expenses of last sickness or burial, but no part of the lump sum shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of such veteran.1 (B) No payment shall be made under the last two sentences of section 3202(d) of this title or under this paragraph (2) unless claim therefor is filed with the Veterans' Administration within five years after the death of the veteran, except that, if any person so entitled under the last two sentences of section 3202 (d) of this title or under this paragraph is under legal disability at the time of death of the veteran, such five-year period of limitation shall run from the termination or removal of the legal disability. (b) (1) Where any veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or domiciliary care by the Veterans' Administration, and is rated by the Veterans' Administration in accordance with regulations as being incompetent by reason of mental illness, the compensation or retirement pay of such veterans shall be subject to the provisions of subsection (a) of this section; however, no payment of a lump sum herein authorized shall be made to the veteran until after the expiration of six months following a finding of competency and in the event of the veteran's death before payment of such lump sum no part thereof shall be payable. (2) In any case in which such an incompetent veteran; having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any politicial subdivision thereof, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers' retirement pay shall not be made until the estate is reduced to $500. The amount which would be payable but for this paragraph shall be paid to the veteran as provided for the lump sum in paragraph (1) of this subsection, but in the event of the veteran's death before payment of such lump sum no part thereof shall be payable. (3) Where any benefit is discontinued by reason of paragraph (2) of this subsection the Administrator may nevertheless apportion and 1 Paragraph amended by sec. 1. Public Law 87-544. Sec. 2. Public Law 87-544 provides as follows: "SEC. 2. The amendment made by this Act shall also apply to cases in which pension eligibility is subject to the provisions of section 9(b) of the Veterans' Pension Act of 1959." Sec. 3. Public Law 89-362 provides: "SEC. 3. The amendments made by this Act shall also apply to cases in which pension eligibility is subject to the provisions of section 9(b) of the Veterans' Pension Act of 1959.' pay to the dependent parents of the veteran on the basis of need all or any part of the benefit which would otherwise be payable to or for such incompetent veteran. Paragraph (2) of this subsection shall not prevent the payment, out of any remaining amounts discontinued under that paragraph, on account of any veteran of so much of his pension, conmpensation, or retirement pay as equals the amount charged to the veteran for his current care and maintenance in the institution in which treatment or care is furnished him, but not more than the amount determined by the Administrator to be the proper charge as fixed by any applicable statute or valid administrative regulation. (4) All or any part of the pension, compensation, or retirement pay payable on account of any incompetent veteran who is being furnished hospital treatment, institutional or domiciliary care may, in the discretion of the Administrator, be paid to the chief officer of the institution wherein the veteran is being furnished such treatment or care, to be properly accounted for by such chief officer and to be used for the benefit of the veteran. (c) Any veteran subject to the provisions of subsection (a) or (b) shall be deemed to be single and without dependents in the absence of satisfactory evidence to the contrary. In no event shall increased compensation, pension, or retirement pay of such veteran be granted for any period more than one year before receipt of satisfactory evidence showing such veteran has a wife, child, or dependent parent. (d) (1) Where any veteran having neither wife nor child is being furnished hospital treatment, institutional, or domiciliary care by the Veterans' Administration, no pension in excess of $30 per month shall be paid to or for the veteran for any period after (a) the end of the second full calendar month following the month of admission for treatment or care or (b) readmission for treatment or care within six months following termination of a period of treatment or care of not less than two full calendar months. (2) The provisions of paragraph (1) shall also apply to a veteran being furnished such care who has a wife but whose pension is payable under section 521 (b) of this title. In such a case, the Administrator may apportion and pay to the wife, upon an affirmative showing of hardship, all or any part of the amounts in excess of $30 per month which would be payable to the veteran while being furnished such care if pension were payable to him under section 521 (c) of this title.1 (e) Notwithstanding any other provision of this section or any other provision of law, no reduction shall be made in the pension, compensation, or retirement pay of any veteran for any part of the period during which he is furnished hospital treatment, or institutional or domiciliary care, for Hansen's disease, by the United States or any political subdivision thereof. (f) Where any veteran in receipt of an aid and attendance allowance described in section 314 (r) of this title is hospitalized at Government expense, such allowance shall be discontinued from the first day of the second calendar month which begins after the date of his admission for such hospitalization for so long as such hospitalization con 1 Subsection amended by sec. 1, Public Law 87-556. tinues. Any discontinuance required by administrative regulation, during hospitalization of a veteran by the Veterans' Administration, of increased pension based on need of regular aid and attendance or additional compensation based on need of regular aid and attendance as described in subsection (1) or (m) of section 314 of this title, shall not be effective earlier than the first day of the second calendar month which begins after the date of the veteran's admission for hospitalization. In case a veteran affected by this subsection leaves a hospital against medical advice and is thereafter admitted to hospitalization within six months from the date of such departure, such allowance, increased pension, or additional compensation, as the case may be, shall be discontinued from the date of such readmission for so long as such hospitalization continues.1 23 § 3204. Administration of trust funds All cash balances in the personal funds of patients and the funds due incompetent beneficiaries trust funds administered by the Veterans' Administration, and all money received which are properly for deposit into these funds, may be deposited, respectively, into deposit funds accounts with the United States Treasury and such balances and deposits shall thereupon be available for disbursement for properly authorized purposes. When any balances have been on deposit with the Treasurer of the United States for more than one year and represent moneys belonging to individuals whose whereabouts are unknown, they shall be transferred and disposed of as directed in the last proviso of subsection (a) of section 725s of title 31. CHAPTER 57-RECORDS AND INVESTIGATIONS SUBCHAPTER I-RECORDS Sec. 3301. Confidential nature of claims. 3302. Furnishing of records. 3303. Certification of records of District of Columbia. 3304. Transcript of trial records. SUBCHAPTER II-INVESTIGATIONS 3311. Authority to issue subpenas. 3312. Validity of affidavits. 3313. Disobedience to subpena. Subchapter I-Records § 3301. Confidential nature of claims All files, records, reports, and other papers and documents pertaining to any claim under any of the laws administered by the Veterans' Administration shall be confidential and privileged, and no disclosure thereof shall be made except as follows: 1 Added by sec. 2(b), Public Law 87-645 and amended by sec. 5(a), Public Law 88-450 and amended by sec. 2 of Public Law 89-362. 2 Sec. 5(b), Public Law 88-450, provides: "(b) The amendment made by this section shall apply only with respect to compensation or pension based upon need of regular aid and attendance in the case of the veterans admitted for hospitalization on or after the first day of the second calendar month which begins after the date of enactment of this Act." 3 Sec. 3, Public Law 89-362, provides: "SEC. 3. The amendments made by this Act shall also apply to cases in which pension eligibility is subject to the provisions of section 9(b) of the Veterans' Pension Act of 1959." (1) To a claimant or his duly authorized agent or representative as to matters concerning himself alone when, in the judgment of the Administrator, such disclosure would not be injurious to the physical or mental health of the claimant and to an independent medical expert or experts for an advisory opinion pursuant to section 4009 of this title.1 (2) When required by process of a United States court to be produced in any suit or proceeding therein pending. (3) When required by any department or other agency of the United States Government. (4) In all proceedings in the nature of an inquest into the mental competency of a claimant. (5) In any suit or other judicial proceeding when in the judgment of the Administrator such disclosure is deemed necessary and proper. (6) the amount of pension, compensation, or dependency and indemnity compensation of any beneficiary shall be made known to any person who applies for such information, and the Administrator, with the approval of the President, upon determination that the public interest warrants or requires, may, at any time and in any manner, publish any or all information of record pertaining to any claim. (7) The Administrator in his discretion may authorize an inspection of Veterans' Administration records by duly authorized representatives of recognized organizations. (8) The Administrator may release information, statistics, or reports to individuals or organizations when in his judgment such release would serve a useful purpose. § 3302. Furnishing of records Any person desiring a copy of any record, paper, and so forth, in the custody of the Veterans Administration, which may be disclosed under section 3301 of this title, must make written application therefor to the Veterans' Administration, stating specifically (1) the particular record, paper, and so forth, a copy of which is desired and whether certified or uncertified; and (2) the purpose for which such copy is desired to be used. (b) The Administrator is authorized to fix a schedule of fees for copies and certification of such records. § 3303. Certification of records of District of Columbia When a copy of any public record of the District of Columbia is required by the Veterans' Administration to be used in determining the eligibility of any person for benefits under laws administered by the Veterans' Administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person (including any veterans' organization) acting on his behalf or the authorized representative of the Veterans' Administration with a certified copy of such record. § 3304. Transcript of trial records The Administrator may purchase transcripts of the record, including all evidence, of trial of litigated cases. 1 Amended by sec. 2, Public Law 87-671, effective Jan. 1, 1963. 69-338 0-66- -14 Subchapter II—Investigations § 3311. Authority to issue subpenas For the purposes of the laws administered by the Veterans' Administration, the Administrator, and those employees to whom the Administrator may delegate such authority, to the extent of the authority so delegated, shall have the power to issue subpenas for and compel the attendance of witnesses within a radius of one hundred miles from the place of hearing, to require the production of books, papers, documents, and other evidence, to take affidavits, to administer oaths and affirmations, to aid claimants in the preparation and presentation of claims, and to make investigations and examine witnesses upon any matter within the jurisdiction of the Veterans' Administration. Any person required by such subpena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States. § 3312. Validity of affidavits Any such oath, affirmation, affidavit, or examination, when certified under the hand of any such employee by whom it was administered or taken and authenticated by the seal of the Veterans' Administration, may be offered or used in any court of the United States and without further proof of the identity or authority of such employee shall have like force and effect as if administered or taken before a clerk of such court. § 3313. Disobedience to subpena In case of disobedience to any such subpena, the aid of any district court of the United States may be invoked in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which the inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any officer, agent, or employee of any corporation or to any other person, issue an order requiring such corporation or other person to appear or to give evidence touching the matter in question: and any failure to obey such order of the court may be punished by such court as a contempt thereof. Sec. CHAPTER 59-AGENTS AND ATTORNEYS 3401. Prohibition against acting as claims agent or attorney. 3404. Recognition of agents and attorneys generally. § 3401. Prohibition against acting as claims agent or attorney No individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Veterans' Administration unless he has been recognized for such purposes by the Administrator.1 1 Public Law 89-332 provides that any person who is a member of the bar of the highest court of any State, possession, territory, commonwealth, or the District of Columbia, may represent others before any agency upon filing a written declaration that he is qualified and is authorized to represent the party on whose behalf he acts. |