Page images
PDF
EPUB

and for six months thereafter: Provided further, That wherever under any section or provision of this Act a proceeding, remedy, privilege, stay, limitation, accounting, or other transaction has been authorized or provided with respect to military service performed prior to the date herein fixed for the termination of this Act, such section or provision shall be deemed to continue in full force and effect so long as may be necessary to the exercise or enjoyment of such proceeding, remedy, privilege, stay limitation, accounting, or other transaction.

SEC. 605 (50 Appendix U.S.C. 585). The provisions of section 4 of the joint resolution approved August 27, 1940 (Public Resolution Numbered 96, Seventy-sixth Congress), and the provisions of section 13 of the Selective Training and Service Act of 1940, shall not be applicable with respect to any military service performed after the date of enactment of this Act.

ARTICLE VII.—FURTHER RELIEF

SEC. 700 (50 Appendix U.S.C. 590). (1) A person may, at any time during his period of military service or within six months thereafter, apply to a court for relief in respect of any obligation or liability incurred by such person prior to his period of military service or in respect of any tax or assessment whether falling due prior to or during his period of military service. The court, after appropriate notice and hearing, unless in its opinion the ability of the applicant to comply with the terms of such obligation or liability or to pay such tax or assessment has not been materially affected by reason of his military service, may grant the following relief:

(a) In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of such obligation during the applicant's period of military service and, from the date of termination of such period of military service or from the date of application if made after such service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of such combined period, subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, as the case may be, in equal installments during such combined period at such rate of interest on the unpaid balance as is prescribed in such contract, or other instrument evidencing the obligation, for installments paid when due, and subject to such other terms as may be just.

(b) In the case of any other obligation, liability, tax, or assessment, a stay of the enforcement thereof during the applicant's period of military service and, from the date of termination of such period of military service or from the date of application if made after such service, for a period of time equal to the period of military service of the applicant or any part of such period, subject to payment of the balance of principal and accumulated interest dues and unpaid at the

date of termination of such period of military service or the date of application, as the case may be, in equal periodic installments during such extended period at such rate of interest as may be prescribed for such obligation, liability, tax, or assessment, if paid when due, and subject to such other terms as may be just.

(2) When any court has granted a stay as provided in this section no fine or penalty shall accrue during the period the terms and conditions of such stay are complied with by reason of failure to comply with the terms or conditions of the obligations, liability, tax, or assessment in respect of which such stay was granted.

SEC. 701 (a) Notwithstanding any other provision of law, a power of attorney which

(1) was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of title 37, United States Code);

(2) designates that person's spouse, parent, or other named relative as his attorney in fact for certain specified, or all, purposes; and

(3) expires by its terms after that person entered a missing status, and before or after the effective date of this section; shall be automatically extended for the period that the person is in a missing status. (Added P.L. 92-540, § 504 (2).)

(b) No power of attorney executed after the effective date of this section by a person in the military service may be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though that person, after the date of execution of the document, enters a missing status. (Added P.L. 92-540, § 504 (2).)

(c) This section applies only to persons in military service who executed powers of attorney during the Vietnam era (as defined in section 101 (29) of title 38, United States Code). (Added P.L. 92-540, § 504 (2).)

37-945 - 79 - 28

COMPENSATION TO VETERANS FOR SERVICE-CONNECTED

DISABILITIES1

Monthly rates: General..

Specific:
In general...

(a) Loss or loss of use of both hands, both feet, or 1 hand and 1 foot. (b) Loss or loss of use of 2 extremities at level, or with complications, preventing natural elbow or knee action with prosthesis in place.

(e) Loss of 2 extremities so near shoulder or hip as to prevent use of prosthetic appliance.

(d) Anatomical loss or loss of use of 3 extremities, next higher rate or intermediate rate is payable. (e) If veteran entitled to compensation from 40 to 90 percent has suffered the loss or loss of use of an extremity as a result of a service-connected disability ratable at 40 per centum or more and has suffered the loss or loss of use of the paired extremity as a result of a non-service-connected disability that would be rated, if service connected, at 40 per centum or more, the monthly rate of compensation payable to such veteran shall be increased by $175. Additional....

Ald and attendance.... Blindness.....

[blocks in formation]

Loss or loss of use of one or more creative organs, 1 foot, 1 hand, both buttocks, blindness 1 eye, having only light perception, complete organic aphonia with constant inability to communicate by speech, or deafness of both ears having absence of air and bone conduction, in addition to rates for partial or total disability, for each such loss or loss of use, additional (but not to exceed $1,005) ....... Loss or loss of use of one or more creative organs 1 foot, 1 hand, both buttocks, blindness 1 eye, having only light perception, complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, in addition to requirement for any of rates for specific disabilities, for each such loss or loss of use, additional (but not to exceed $1,408).

$1,258

$1,408

$56

$56

Regular...

$1,005

Permanently bedridden..

$1,005

Blindness, to eyes, 5/200 visual acuity or less. Blindness, both eyes, having only light perception.

$1,005

$1,107

Blindness, both eyes, requiring regular aid and attendance. $1, 107 Anatomical loss, both eyes...

$1,258

Deafness:

[blocks in formation]

A. Schedule for Rating Disabilities: 10 to 60 percent... $44-$292 B. Schedule for Rating Disabilities: 80 percent..

C. Total or partial, with unem- C. Schedule for Rating Disabilities: If rated at least 60 ployability.

D. Rated 60 percent or more with 5/200 visual acuity or less.

E. Rated 40 percent or more with

5/200 visual acuity or less.

F. Total in one ear, with 5/200 visual acuity or less.

Additional compensation for depend

ents.

E. Statutory rate.

$400

(Maximum rating for deafness unless unemployable.)

percent and unemployable by reason of deafness, 100 percent.

$809

$1,408

$1,408

$1,408

[blocks in formation]

See footnotes at end of table.

429

Compensation to veterans for service-connected disabilities—Continued

Additional compensation for depend- If the veteran is partially disabled, but not less than 30 per

[blocks in formation]

centum, the additional compensation for dependents is a proportion of the above amounts.

Additional amounts for dependents not payable during any period veteran is in receipt of an increased rate of compensation or of subsistence allowance on account of dependents under any other law administered by the Veterans' Administration; may elect to receive greater amount.

If the veteran has a spouse in a nursing home, helpless, blind, or requiring regular aid and attendance, an additional rate of $89 is payable for a totally disabled veteran, or a proportionate amount is payable for a partially disabled veteran rated 30% or more disabled.

Additional amount for child over age 18, attending school, not payable if child commences a program of education or training under War Orphans' Educational Assistance program based on death of another parent.

Under conditions other than dishonorable.

Disabled from personal injury suffered or disease contracted in line of duty, or from aggravation, in line of duty, of a preexisting injury or disease, in the active military, naval, or air service. Based upon average impairments of earning capacity resulting from such injuries in civil occupations. Schedule for Rating Disabilities, required by law, provides 10 grades of disability upon which payments are based.

Active military, naval, or air service.

Willful misconduct bars compensation.

... 10 percent degree of disability or more within 1 year after separation.

10 percent degree of disability or more within 7 years after sepasration.

10 percent degree of disability or more within 3 years after sepa

ration.

Do.

Tropical disease, and resultant disorders or disease originating
because of therapy, administered in connection with such dis-
eases, or as a preventative thereof, becoming manifest to a degree
of 10 percent or more within 1 year after separation from service,
or at a time when standard or accepted treatises indicate that
the incubation period thereof commenced during service.
Where there is affirmative evidence to the contrary, or evidence
to establish that an intercurrent injury or disease which is a
recognized cause of any of the diseases has been suffered
between the date of separation from service and the onset of
any such diseases.

90 days.

Presumed to have been in sound condition when examined, accepted, and enrolled for service except as to defects, infirmities, or disorders noted at time of examination, acceptance, and enrollment or where clear and unmistakable evidence demonstrates that the injury or disease existed prior to acceptance and enrollment and was not aggravated by active military or naval service.

In the case of any veteran who, while serving in the active military naval, or air service and while held as a prisoner of war by an enemy government or its agents during World War II, the Korean conflict, or the Vietnam era, suffered from dietary deficiencies, forced labor, or inhumane treatment, the diseases of (1) avitaminosis, beriberi (including beriberi heart disease), chronic dysentery, helminthiasis, malnutrition (including optic atrophy associated with malnutrition), pellagra, or any other nutritional deficiency, which became manifest to a degree of 10 per centum or more after such service, or (2) psychosis which became manifest to a degree of 10 per centum or more within two years from the date of separation from such service; shall be considered to have been incurred in or aggravated by such service. For such purposes, any veteran who was so held as a prisoner of war for not less than 6 months by the enemy governments concerned, or by their respective agents, shall be deemed to have suffered from dietary deficiencies, forced labor or inhumane treatment.

Where a veteran receiving compensation disappears, payment is authorized to eligible spouse, children, and parents. Such payment cannot exceed the amount of death benefit which would be payable to each of the veteran died of service-connected cause.

Rate payable if veteran is totally disabled and (1) has additional disability independently ratable at 60 per centum or more or (2) is permanently housebound by reason of his disability.

When maximum of $1,408 monthly authorized, additional allowance for aid and attendance of $604 monthly may be authorized while not hospitalized at Government expense. If such veteran in need of aid and attendance is also in need of a higher level of care by a licensed health care professional $900 may be authorized in lieu of $604.

• Limited presumptions apply to peacetime service prior to World War II.

« PreviousContinue »