§ 333. Presumptions relating to certain diseases (a) For the purposes of section 331 of this title, and subject to the provisions of subsections (b) and (c) of this section, any veteran who served for six months or more and contracts a tropical disease or a resultant disorder or disease originating because of therapy administered in connection with a tropical disease, or as a preventive thereof, shall be deemed to have incurred such disability in the active military, naval, or air service when it is shown to exist within one year after separation from active service, or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service. (b) Service-connection shall not be granted pursuant to subsection (a), in any case where the disease or disorder is shown by clear and unmistakable evidence to have its inception before or after active military, naval, or air service. (c) Nothing in this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service. § 334. Rates of peacetime disability compensation For the purposes of section 331 of this title, the compensation payable for the disability shall be that specified in section 314 of this title. (Amended P.L. 92-328, § 108 (a).) § 335. Additional compensation for dependents Any veteran entitled to compensation at the rates provided in section 334 of this title, and whose disability is rated not less than 50 per centum, shall be entitled to additional monthly compensation for dependents as provided in section 315 of this title. (Amended P.L. 92-328, § 108 (b).) § 337. Wartime presumptions for certain veterans For the purposes of this subchapter and subchapter V of this chapter and notwithstanding the provisions of sections 332 and 333 of this subchapter, the provisions of sections 311, 312, and 313 of this chapter shall be applicable in the case of any veteran who served in the active military, naval, or air service after December 31, 1946. (Added P.L. 89-358, § 7(a); amended P.L. 93295, § 205.) Subchapter V-Peacetime Death Compensation § 341. Basic entitlement The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter (Amended P.L. 92-197, § 6; P.L. 94-433, § 404 (18).) § 342. Rates of peacetime death compensation For the purposes of section 341 of this title, the monthly rates of death compensation payable shall be those specified in section 322 of this title. Amended P.L. 93-295, § 206 (a).) Subchapter VI-General Compensation Provisions § 351. Benefits for persons disabled by treatment or vocational rehabilitation Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Veterans' Administration, or as a result of having submitted to an examination under any such law, and not the result of such veteran's own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were serviceconnected. Where an individual is, on or after December 1, 1962, awarded a judgment against the United States in a civil action brought pursuant to section 1346 (b) of title 28, United States Code, or, on or after December 1, 1962, enters into a settlement or compromise under section 2672 or 2677 of title 28, United States Code, by reason of a disability, aggravation, or death treated pursuant to this section as if it were service-connected, then no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on account of such disability, aggravation, or death becomes final until the aggregate amount of benefits which would be paid but for this sentence equals the total amount included in such judgment, settlement, or compromise. (Amended P.L. 87825, § 3; P.L. 91-24, § 3; P.L. 94–433, § 404 (19).) § 352. Persons heretofore having a compensable status The death and disability benefits of this chapter shall, notwithstanding the service requirements thereof, be granted to persons heretofore recognized by law as having a compensable status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898. § 353. Aggravation A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. § 354. Consideration to be accorded time, place and circumstances of service (a) The Administrator shall include in the regulations pertaining to service-connection of disabilities, additional provisions in effect requiring that in each case where a veteran is seeking serv ice-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran's service as shown by such veteran's service record, the official history of each organization in which such veteran served, such veteran's medical records, and all pertinent medical and lay evidence. (Amended P.L. 94-433, § 404 (20).) (b) In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition. the Administrator shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactorily lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. § 355. Authority for schedule for rating disabilities The Administrator shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 per centum, 20 per centum, 30 per centum, 40 per centum, 50 per centum, 60 per centum, 70 per centum, 80 per centum, 90 per centum, and total, 100 per centum. The Administrator shall from time to time readjust this schedule of ratings in accordance with experience. § 357. Combination of certain ratings The Administrator shall provide for the combination of ratings and pay compensation at the rates prescribed in subchapter II of this chapter to those veterans who served during a period of war and during any other time, who have suffered disability in line of duty in each period of service. 1 Section 356 repealed by sec. 4 (a), Public Law 90-493-Provided as follows: "Any veteran shown to have active tuberculosis which is compensable under this chapter, who in the judgment of the Administrator has reached a condition of complete arrest. shall be rated as totally disabled for a period of two years following such date of arrest. as 50 per centum disabled for an additional period of four years, and 30 per centum for a further five years. Following far advanced active lesions the permanent rating shall be 30 per centum, and following moderately advanced lesions, the permanent rating, after eleven years, shall be 20 per centum, provided there is continued disability, dyspnea on exertion, impairment of health, and so forth; otherwise the rating shall be zero per centum. The total disability rating herein provided for the two years following a complete arrest may be reduced to 50 per centum for failure to follow prescribed treatment or to submit to examination when requested. This section shall not be construed as requiring a reduction of compensation authorized under any other provision of this chapter." Section 4 (b). Public Law 90-493 provides: "(b) The repeals made by subsection (a) of this section shall not apply in the case of any veteran who, on the date of enactment of this Act, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest." - $358. Disappearance Where a veteran receiving compensation under this chapter disappears, the Administrator may pay the compensation otherwise payable to the veteran to such veteran's spouse, child, and parents. Payments made to such spouse, child, or parent under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability. (Amended P.L. 86-212; P.L. 94-433, § 404 (21).) § 359. Protection of service connection Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Administrator as the date on which the status commenced for rating purposes. (Added P.L. 86-501; amended P.L. 87-825, § 6.) § 360. Special consideration for certain cases of blindness or bilateral kidney involvement or bilateral deafness Where any veteran has suffered (1) blindness in one eye as a result of service-connected disability and has suffered blindness in the other eye as a result of non-service-connected disability not the result of such veteran's own willful misconduct, or (2) has suffered the loss or loss of use of one kidney as a result of service-connected disability, and has suffered severe involvement of the other kidney such as to cause total disability, as a result of non-service-connected disability not the result of such veteran's own willful misconduct, or (3) has suffered total deafness in one ear as a result of service-connected disability and has suffered total deafness in the other ear as the result of non-service-connected disability not the result of such veteran's own willful misconduct, the Administrator shall assign and pay to the veteran concerned the applicable rate of compensation under this chapter as if such veteran's blindness in both eyes or such bilateral kidney involvement or such total deafness in both ears were the result of service-connected disability. (Added P.L. 87-610, § 1; amended P.L. 89-311, § 3(a), (b); P.L. 94-433, § 404 (22).) § 361. Payment of disability compensation in disability severance cases The deduction of disability severance pay from disability compensation, as required by section 1212 (c) of title 10, United States Code, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member's disability as determined on the initial Veterans' Administration rating. (Added P.L. 91-241; amended P.L. 94–433, § 404 (23).) § 362. Clothing allowance The Administrator under regulations which the Administrator shall prescribe, shall pay a clothing allowance of $218 per year to each veteran who because of disability which is compensable under the provisions of this chapter, wears or uses a prosthetic or orthopedic appli ance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran. (Added P.L. 92–328, § 103 (a); amended P.L. 94-71, § 103; P.L. 94– 433, §§ 301, 404 (24); P.L. 95–117, § 301; P.L. 95-479, § 103.) CHAPTER 13-DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS SUBCHAPTER I-GENERAL Sec. 401. Definitions. 402. Determination of pay grade. 403. Coverage of members of Reserve Officers' Training Corps. 404. Special provisions relating to surviving spouses. SUBCHAPTER II-DEPENDENCY AND INDEMNITY COMPENSATION 410. Death entitling survivors to dependency and indemnity compensation. 411. Dependency and indemnity compensation to a surviving spouse. 412. Benefits in certain cases of in-service or service-connected deaths. 413. Dependency and indemnity compensation to children. 414. Supplemental dependency and indemnity compensation to children. 415. Dependency and indemnity compensation to parents. 416. Dependency and indemnity compensation in cases of prior deaths. 417. Restriction on payments under this chapter. SUBCHAPTER III-CERTIFICATIONS 421. Certifications with respect to pay grade. 422. Certifications with respect to social security entitlement. 423. Certifications by Administrator. § 401. Definitions Subchapter I-General As used in this chapter The term "veteran" includes a person who died in the active military, naval, or air service. (Amended P.L. 91-24, § 4(a); P.L. 91-96, § 5.) § 402. Determination of pay grade (a) With respect to a veteran who died in the active military, naval, or air service, such veteran's pay grade shall be determined as of the date of such veteran's death or as of the date of a promotion after death while in a missing status. (Amended P.L. 91-96, § 1; P.L. 92169, § 2; P.L. 94-433, § 405 (1).) (b) With respect to a veteran who did not die in the active military, naval, or air service, such veteran's pay grade shall be determined as of (1) the time of such veteran's last discharge or release from active duty under conditions other than dishonorable; or (2) the time of such veteran's discharge or release from any period of active duty for training or inactive duty training, if such veteran's death results from service-connected disability incurred during such period and if such veteran was not thereafter |