SUBCHAPTER II.-DEATH WHILE INMate of VeteRANS' 5220. Vesting of property left by decedents. 5221. Presumption of contract for disposition of personalty. 5223. Disbursements from the Fund.. 5222. Sale of assets accruing to the Fund.. 4. Continuation of authority under Act of July 3, 1930_. 6. Continuing availability of appropriations.. 5. Cross references__ 7. Outstanding rules, regulations, and orders.. 8. Publication of this Act__ 9. Pending claims... 10. Persons receiving benefits. 11. Persons entitled to emergency officers' retirement pay. 12. Continuation of certain rights and benefits.. Page 237. 237 238 238 238 238 239 239 239 240 240 240 241 241 241 241 241 242 242 242 242 242 242 243 243 PUBLIC LAW 85-857 An Act To consolidate into one Act all of the laws administered by the Veterans' Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws relating to veterans' benefits are revised, codified, and enacted as title 38, United States Code, "Veterans' Benefits", as follows: 11. Compensation for Service-Connected Disability or Death. 301 401 15. Pension for Non-Service-Connected Disability or Death or for Service. 17. Hospital, Domiciliary, and Medical Care.. 501 601 19. Insurance- 701 21. Specially Adapted Housing for Disabled Veterans 801 23. Burial Benefits- 901 37. Home, Farm, and Business Loans.. 1801 39. Automobiles for Disabled Veterans. 41. Job Counseling and Employment Placement Service for Veterans 1901 2001 69-338 0663 81. Acquisition and Operation of Hospital and Domiciliary Facilities; Sec. Procurement and Supply. 83. Acceptance of Gifts and Bequests 85. Disposition of Deceased Veterans' Personal Property CHAPTER 1. General_. PART I. GENERAL PROVISIONS 3. Veterans' Administration; Officers and Employees-- 5001 5101 5201 Sec. 101 201 CHAPTER 1-GENERAL Sec. 101. Definitions. 102. Dependent parents and dependent husbands. 105. Line of duty and misconduct. 106. Certain service deemed to be active service. 107. Certain service deemed not to be active service. 108. Seven-year absence presumption of death. 109. Benefits for discharged members of allied forces. 110. Preservation of disability ratings. 111. Travel expenses. 112. Presidential memorial certificate program § 101. Definitions For the purposes of this title (1) The term "Administrator" means the Administrator of Veterans' Affairs. (2) The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term "widow" means (except for purposes of chapter 19 of this title) a woman who was the 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 separation which was due to the misconduct of, or procured by, the veteran without the fault of the wife) and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after enactment of the 1962 amendment to this paragraph, lived with an §101 27 VETERANS' BENEFITS other man and held herself out openly to the public to be the wife of such other man.1 (4) The term "child" means (except for purposes of chapter 19 of this title and section 5202 (b) of this title) a person who is unmarried and (A) who is under the age of eighteen years; (B) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (C) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Administrator to be the father of such child. A person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the veteran's surviving spouse within two years after the veteran's death or the date of enactment of this sentence; however, this sentence shall not apply if at the time of the veteran's death, such person was receiving regular contributions toward his support from some individual other than the veteran or his spouse, or from any public or private welfare organization which furnishes services or assistance for children.2 (5) The term "parent" means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before his entry into active military, naval, or air service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran's last entry into active military, naval, or air service. (6) The term "Spanish-American War" (A) means the period beginning on April 21, 1898, and ending on July 4, 1902, (B) includes the Philippine Insurrection and the Boxer Rebellion, and (C) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898, and ending on July 15, 1903. (7) The term "World War I" (A) means the period beginning on April 6, 1917, and ending on November 11, 1918, and (B) in the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920. 1 Paragraph amended by sec. 1. Public Law 87-674. Paragraph amended by Public Law 86-195; sec. 2(c)(1), Public Law 89-311. |