CHAPTER PART II. GENERAL BENEFITS 11. Compensation for Service-Connected Disability or Death.... 15. Pension for Non-Service-Connected Disability or Death or for Service 19. Insurance 21. Specially Adapted Housing for Disabled Veterans__ 23. Burial Benefits___ 24. National Cemeteries and Memorials_. CHAPTER 11-COMPENSATION FOR SERVICE-CON- SUBCHAPTER I-GENERAL Sec. 301. Definitions. 302. Special provisions relating to surviving spouses. SUBCHAPTER II-WARTIME DISABILITY COMPENSATION 310. Basic entitlement. 311. Presumption of sound condition. 312. Presumptions relating to certain diseases and disabilities. 313. Presumptions rebuttable. 314. Rates of wartime disability compensation. 315. Additional compensation for dependents. SUBCHAPTER III-WARTIME DEATH COMPENSATION 321. Basic entitlement. 322. Rates of wartime death compensation. SUBCHAPTER IV-PEACETIME DISABILITY COMPENSATION Sec. 301 401 501 601 701 801 901 1000 331. Basic entitlement. 332. Presumption of sound condition. 333. Presumptions relating to certain diseases. 334. Rates of peacetime disability compensation. 335. Additional compensation for dependents. 337. Wartime presumptions for certain veterans. SUBCHAPTER V-PEACETIME DEATH COMPENSATION 341. Basic entitlement. 342. Rates of peacetime death compensation. SUBCHAPTER VI-GENERAL COMPENSATION PROVISIONS 351. Benefits for persons disabled by treatment or vocational rehabilitation. 352. Persons heretofore having a compensable status. 353. Aggravation. 354. Consideration to be accorded time, place, and circumstances of service. 355. Authority for schedule for rating disabilities. 357. Combination of certain ratings. 358. Disappearance. 359. Protection of service connection. 360. Special consideration for certain cases of blindness or bilateral kidney involvement or bilateral deafness. 361. Payment of disability compensation in disability severence cases. 362. Clothing allowance. § 301. Definitions Subchapter I-General For the purposes of this chapter (1) The term "veteran" includes a person who died in the active military, naval, or air service. (2) The term "period of war" includes, in the case of any veteran— (A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918; and (B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947. (3) The term "chronic disease" includes Anemia, primary Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Thromboangiitis obliterans (Buerger's disease) Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Administrator may add to this list; and such other tropical diseases as the Administrator may add to this list. (Amended P.L. 94-433, §§ 401(2), (3), § 404(1).) § 302. Special provisions relating to surviving spouses (a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran— (1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or (2) for one year or more; or (3) for any period of time if a child was born of the marriage, or was born to them before the marriage. (Amended P.L. 86–491; P.L. 90-77, § 101 (a); P.L. 94-433, § 404 (2).) (b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Veterans' Administration in effect on December 31, 1957. (Amended P.L. 94-433, § 404 (3).) Subchapter II-Wartime Disability Compensation § 310. Basic entitlement For disability resulting from personal injury suffered or disease 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, I 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 and disabilities (a) 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; (4) multiple sclerosis developing a 10 per centum degree of disability or more within seven years from the date of separation from such service; (5) Hansen's disease developing a 10 per centum degree of disability or more within three years from the date of separation from such service; shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service. (Amended P.L. 86-187; P.L. 86–188; P.L. 87-645, § 3.) (b) For the purposes of subsection (c) of this section, any veteran who, while serving in the active military, naval, or air service, was held as a prisoner of war for not less than six months by the Imperial Japanese Government or the German Government during World War II, by the Government of North Korea during the Korean conflict, or by the Government of North Korea, the Government of North Vietnam or the Viet Cong forces during the Vietnam era, or by their respective agents, shall be deemed to have suffered from dietary deficiencies, forced labor, or inhumane treatment in violation of the terms of the Geneva Conventions of July 27, 1929, and August 12, 1949. (Added P.L. 91-376, § 3(a).) (c) 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, 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 (in violation of the terms of the Geneva Conventions of July 27, 1929, and August 12, 1949), the disease of (1) Avitaminosis, Beriberi (including beriberi heart disease), 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, notwithstanding that there is no record of such disease during the period of service. (Added P.L. 91-376, § 3 (a).) § 313. Presumptions rebuttable (a) 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 within the purview of section 312 of this title, has been suffered between the date of separation from service and the onset of any such diseases, or the disability is due to the veteran's own willful misconduct, serviceconnection pursuant to section 312 of this title will not be in order. (b) Nothing in section 312 of this title or subsection (a) of this section shall be construed to prevent the granting of serviceconnection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service. § 314. Rates of wartime disability compensation For the purposes of section 310 of this title (a) if and while the disability is rated 10 per centum the monthly compensation shall be $44; (b) if and while the disability is rated 20 per centum the monthly compensation shall be $80; (c) if and while the disability is rated 30 per centum the monthly compensation shall be $121; (d) if and while the disability is rated 40 per centum the monthly compensation shall be $166; (e) if and while the disability is rated 50 per centum the monthly compensation shall be $232; (f) if and while the disability is rated 60 per centum the monthly compensation shall be $292; (g) if and while the disability is rated 70 per centum the monthly compensation shall be $346; (h) if and while the disability is rated 80 per centum the monthly compensation shall be $400; (i) if and while the disability is rated 90 per centum the monthly compensation shall be $450; (j) if and while the disability is rated as total the monthly compensation shall be $809; (Amended P.L. 87-645, § 1(a); P.L. 89-311, § 1(a); P.L. 90-493, § 1(a); P.L. 91-376, § 1(a); P.L. |