(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to "full military benefits", or (iii) at any time, for the purposes of chapter 13 of this title; (C) in the case of members of the National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law; and (D) authorized travel to or from such duty. The term does not include duty performed as a temporary member of the Coast Guard Reserve. (23) The term "inactive duty training" means (A) duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by the Secretary concerned under section 206 of title 37 or any other provision of law; and (B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. In the case of a member of the National Guard or Air National Guard of any State, such term means duty (other than full-time duty) under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. Such term does not include (i) work or study performed in connection with correspondence courses, (ii) attendance at an educational institution in an inactive status, or (iii) duty performed as a temporary member of the Coast Guard Reserve. (Amended P.L. 91-24, § 1(a).) (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. (25) The term "Secretary concerned" means (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force; (D) the Secretary of Transportation, with respect to matters concerning the Coast Guard; (E) the Secretary of Health, Education, and Welfare, with respect to matters concerning the Public Health Service; and (F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey. (Amended P.L. 91-24, § 1(b); P.L. 91-621, § 6(a) (2).) (26) The term "Reserve" means a member of a reserve component of one of the Armed Forces. (Amended P.L. 87-815, § 3.) (27) The term "reserve component" means, with respect to the Armed Forces (A) the Army Reserve; (E) the Coast Guard Reserve; (F) the National Guard of the United States; and (28) The term "nursing home care" means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. The term includes intensive care where the nursing service is under the supervision of a registered professional nurse. (Added P.L. 88-450, § 4(d).) (29) The term "Vietnam era" means the period beginning August 5, 1964, and ending on May 7, 1975. (Added P.L. 90-77, § 201(b); amended P.L. 95-202, § 309 (a).) (30) The term "Mexican border period" means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto. (Added P.L. 91-588, § 9(b); amended P.L. 92-198, § 5(a).) (31) The term "spouse" means a person of the opposite sex who is a wife or husband and the term "surviving spouse" means a person of the opposite sex who is a widow or widower. (Added P.L. 94–169, § 101(1) (G).) § 102. Dependent parents; husbands (a) (1) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Administrator. (2) Dependency of a parent shall not be denied (A) solely because of remarriage, or (B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support. (3) For the purposes of this subsection in determining monthly income the Administrator shall not consider any payments under laws administered by the Veterans' Administration because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces. (Amended P.L. 89-358, § 4(e); P.L. 94-432, § 402.) (b) For the purposes of this title, (1) the term "wife" includes the husband of any female veteran; and (2) the term "widow" includes the widower of any female veteran. (Amended P.L. 89-358, § 4(f); P.L. 92-540, § 408 (1).) § 103. Special provisions relating to marriages (a) Whenever, in the consideration of any claim filed by a woman as the widow of a veteran for gratuitous death benefits under laws administered by the Veterans' Administration, it is established by evidence satisfactory to the Administrator that she. without knowledge of any legal impediment, entered into a riage with such veteran which, but for a legal impediment, would have been valid, and thereafter, cohabited with him for one year or more immediately before his death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection. (Amended P.L. 90-77, § 101 (b).) (b) Where a widow has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met. (c) In determining whether or not a woman is or was the wife of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Veterans' Administration according to the law of the place where the parties resided at the time of the mar riage or the law of the place where the parties resided when the right to benefits accrued. (d) (1) The remarriage of the widow of a veteran shall not bar the furnishing of benefits to her as the widow of the veteran if the remar riage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans' Administration deter mines that the annulment was secured through fraud by either party or collusion. (2) The remarriage of the widow of a veteran shall not bar the furnishing of benefits to her as the widow of the veteran if the remar riage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by the widow or collusion. (3) If a widow ceases living with another man and holding herself out openly to the public as his wife, the bar to granting her benefits as the widow of the veteran shall not apply.' (Added P.L. 87-674, § 2: amended P.L. 91-376, § 4.) (e) (1) The marriage of a child of a veteran shall not bar recogni tion of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Veterans' Ad 1 Section 5, Public Law 91-376, provides : "SEC. 5. (a) If a widow terminates a relationship or conduct which resulted in imposi tion of a prior restriction on payment of benefits, in the nature of inference or presumption of remarriage, or relating to open notorious adulterous cohabitation or similar conduct she shall not be denied any benefits by the Veterans' Administration, other than insurance. solely because of such prior relationship or conduct. "(b) The effective date of an award of benefits resulting from enactment of subsection (a) of this section shall not be earlier than the date of receipt of application therefor. filed after termination of the particular relationship or conduct and after December 31, 1970. ministration determines that the annulment was secured through fraud by either party or collusion. (2) The marriage of a child of a veteran shall not bar the recog nition of such child as the child of the veteran for benefit purposes if he marriage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans' Administration determines that the divorce was secured through fraud by either party or collusion. (Added P.L. 87-674, § 2; amended P.L. 93-527, § 9.) 104. Approval of educational institutions (a) For the purpose of determining whether or not benefits are ayable under this title (except chapter 35 of this title) for a hild over the age of eighteen years and under the age of twentyhree years who is attending a school, college, academy, seminary, echnical institution, university, or other educational institution, he Administrator may approve or disapprove such educational nstitutions. (Amended P.L. 91-24, § 1 (c).) (b) The Administrator may not approve an educational instiution under this section unless such institution has agreed to eport to him the termination of attendance of any child. If any ducational institution fails to report any such termination romptly, the approval of the Administrator shall be withdrawn. 105. Line of duty and misconduct (a) An injury or disease incurred during active military, naval, r air service will be deemed to have been incurred in line of duty nd not the result of the veteran's own misconduct when the peron on whose account benefits are claimed was, at the time the jury was suffered or disease contracted, in active military, naval, r air service, whether on active duty or on authorized leave, nless such injury or disease was the result of his own willful isconduct. Venereal disease shall not be presumed to be due to illful misconduct if the person in service complies with the reguitions of the appropriate service department requiring him to eport and receive treatment for such disease. (b) The requirement for line of duty will not be met if it appears at at the time the injury was suffered or disease contracted the person n whose account benefits are claimed (1) was avoiding duty by derting the service, or by absenting himself without leave materially terfering with the performance of military duties; (2) was confined nder sentence of court-martial involving an unremitted dishonorable ischarge; or (3) was confined under sentence of a civil court for a elony (as determined under the laws of the jurisdiction where the erson was convicted by such court). 106. Certain service deemed to be active service (a) (1) Service as a member of the Women's Army Auxiliary orps for ninety days or more by any woman who before October 1, 943, was honorably discharged for disability incurred or aggravated line of duty which rendered her physically unfit to perform further ervice in the Women's Army Auxiliary Corps or the Women's Army orps shall be considered active duty for the purposes of all laws adinistered by the Veterans' Administration. 37-945 O-79-4 (2) Any person entitled to compensation or pension by reason of this subsection and to employees' compensation based upon the sam service under the Federal Employees' Compensation Act must elec which benefit she will receive. (b) Any person (1) who has applied for enlistment or enrollment in the activ military, naval, or air service and has been provisionally accepte and directed or ordered to report to a place for final acceptan into such service; or (2) who has been selected or drafted for service in the Arme. Forces and has reported pursuant to the call of his local dra 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 Feder service; and who has suffered an injury or contracted a disease in line of du while enroute to or from, or at, place for final acceptance or ent upon active duty, will, for the purposes of chapters 11, 13, 19, 21, and 39 of this title, and for purposes of determining service-connectic of a disability under chapter 17 of this title, be considered to have be on active duty and to have incurred such disability in the active mi itary, naval, or air service. (c) For the purposes of this title, an individual discharged or r leased from a period of active duty shall be deemed to have continu on active duty during the period of time immediately following date of such discharge or release from such duty determined by t Secretary concerned to have been required for him to proceed to t home by the most direct route, and in any event he shall be deeme to have continued on active duty until midnight of the date of su discharge or release. (Amended P.L. 87–102, § 1.) (d) For the purposes of this title, any individual (1) who, when authorized or required by competent authori assumes an obligation to perform active duty for training or active duty training; and (2) who is disabled or dies from an injury incurred by hi while proceeding directly to or returning directly from su active duty for training or inactive duty training, as the cas may be; e shall be deemed to have been on active duty for training or inacti duty training, as the case may be, at the time such injury was incurre In determining whether or not such individual was so authorized required to perform such duty, and whether or not he was disab or died from injury so incurred, the Administrator shall take in la account the hour on which he began so to proceed or to return; the hour on which he was scheduled to arrive for, or on which he ceass to perform, such duty; the method of travel employed; his itinerar! the manner in which the travel was performed; and the immedi cause of disability or death. Whenever any claim is filed alleging th the claimant is entitled to benefits by reason of this subsection, the ap burden of proof shall be on the claimant. (Amended P.L. 88-616.) (e) Each person who has incurred a disability as a result of injury or disease described in subsection (b) shall be entitled to same rights, privileges, and benefits under the Act of June 27, 19 |