PTER 15-PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE1 SUBCHAPTER I-GENERAL -finitions. terminations with respect to disability. terminations with respect to annual income. rsons heretofore having a pensionable status. yment of pension during confinement in penal institutions. source reports and overpayment adjustments. sappearance. nish-American War veterans. Non-Service-Connected Disability Pension erans of a period of war. worth limitation. bination of ratings. SUBCHAPTER III-PENSIONS TO SURVIVING SPOUSES AND CHILDREN Wars Before World War I. iving Spouses of Civil War veterans. dren of Civil War veterans. 'ving Spouses of Indian War veterans. Iren of Indian War veterans. ¡ving Spouses of Spanish-American War veterans. Tren of Spanish-American War veterans. border period, World War I, World War II, Korean conflict, and the Vietnam era ving spouses of veterans of a period of war. 'ren of veterans of a period of war. worth limitation. TER IV-ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL I of honor roll; persons eligible. icate. il provisions relating to pension. gs provision of Public Law 86-211, which modified the pension programs for I, II, and Korean conflict veterans and dependents, provides: 1) Any claim for pension which is pending in the Veterans' Administration 1960. or any claim for death pension filed thereafter within one year from the h of a veteran which occurred prior to July 1, 1960, shall be adjudicated S. United States Code, in effect on June 30, 1960, with respect to the period 1. 1969, and except as provided in subsection (c), under such title, as his Act, thereafter. ng in this Act shall affect the eligibility of any person receiving pension S. United States Code, on June 30, 1960, for pension under all applicable that title in effect on that date for such period or periods thereafter with ich he can qualify under such provisions. This subsection shall not apply - any period after pension is granted, pursuant to application, under title 38, Code, as amended by this Act. ection (b) shall apply to those claims within the purview of subsection (a) determined that pension is payable for June 30, 1960." .-372 for prior pension law. provisions of law administered by the Veterans' Administration providing for the payment of death compensation or death pension, or (2) the Federal Employees' Compensation Act. (Amended P.L. 92-197, § 5.) Subchapter III-Certifications § 421. Certifications with respect to pay grade The Secretary concerned shall, at the request of the Administrator, certify to the Administrator the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Administrator. (Amended P.L. 91–96, § 4; P.L. 94-433, § 405 (17).) § 422. Certifications with respect to social security entitlement (a) Determination required by section 412 (a) of this title (other than a determination required by section 412(a) (2) of this title) as to whether any survivor described in section 412 (a) (3) of this title of a deceased individual would be entitled to benefits under section 402 of title 42 for any month and as to the amount of the benefits which would be paid for such month, if the deceased veteran had been a fully and currently insured individual at the time of such veteran's death, shall be made by the Secretary of Health, Education, and Welfare, and shall be certified by such Secretary to the Administrator upon request of the Administrator. (Amended P.L. 87-268, § 1(c); P.L. 94–433, § 405 (18).). (b) Upon the basis of estimates made by the Secretary of Health, Education, and Welfare after consultation with the Administrator, the Administrator shall pay to the Secretary an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Administrator may prescribe. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period. (c) Except with respect to determinations made under subsection (a) of this section, the Administrator shall prescribe such regulations as may be necessary to carry out the provisions of this section and section 412 (a) of this title. (Amended P.L. 87-268, § 1(b).) § 423. Certifications by Administrator Whenever the Administrator determines on the basis of a claim for benefits filed with the Administrator that a death occurred under the circumstances referred to in section 1476 (a) of title 10, or section 321 (b) of title 32, the Administrator shall certify that fact to the Secretary concerned. In all other cases, the Administrator shall make the determination referred to in such section 1476 (a) or 321(b) at the request of the Secretary concerned. (Amended P.L. 94-433, § 405 (19).) CHAPTER 15-PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE 1 SUBCHAPTER I-GENERAL Sec. 501. Definitions. 502. Determinations with respect to disability. 503. Determinations with respect to annual income. 504. Persons heretofore having a pensionable status. 505. Payment of pension during confinement in penal institutions. 506. Resource reports and overpayment adjustments. 507. Disappearance. 508. Frequency of payment of pension benefits. SUBCHAPTER II-VETERANS' PENSIONS Service Pension 511. Indian War veterans. 512. Spanish-American War veterans. Non-Service-Connected Disability Pension 521. Veterans of a period of war. 522. Net worth limitation. 523. Combination of ratings. SUBCHAPTER III-PENSIONS TO SURVIVING SPOUSES AND CHILDREN Wars Before World War I 532. Surviving Spouses of Civil War veterans. 533. Children of Civil War veterans. 534. Surviving Spouses of Indian War veterans. 535. Children of Indian War veterans. 536. Surviving Spouses of Spanish-American War veterans. 537. Children of Spanish-American War veterans. Mexican border period, World War I, World War II, Korean conflict, and the Vietnam era 541. Surviving spouses of veterans of a period of war. 542. Children of veterans of a period of war. 543. Net worth limitation. SUBCHAPTER IV-ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL 560. Medal of honor roll; persons eligible. 561. Certificate. 562. Special provisions relating to pension. 1 The savings provision of Public Law 86-211, which modified the pension programs for World War I, II, and Korean conflict veterans and dependents, provides: "SEC. 9. (a) Any claim for pension which is pending in the Veterans' Administration on June 30, 1960, or any claim for death pension filed thereafter within one year from the date of death of a veteran which occurred prior to July 1, 1960, shall be adjudicated under title 38, United States Code, in effect on June 30, 1960, with respect to the period before July 1. 1969, and except as provided in subsection (c), under such title, as amended by this Act, thereafter. (b) Nothing in this Act shall affect the eligibility of any person receiving pension under title 38. United States Code, on June 30, 1960, for pension under all applicable provisions of that title in effect on that date for such period or periods thereafter with respect to which he can qualify under such provisions. This subsection shall not apply in any case for any period after pension is granted, pursuant to application, under title 38, United States Code, as amended by this Act. (c) Subsection (b) shall apply to those claims within the purview of subsection (a) in which it is determined that pension is payable for June 30, 1960.” See pp. 367-372 for prior pension law. § 501. Definitions Subchapter I-General For the purposes of this chapter (1) The term "Indian Wars" means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service. (2) The term "World War I" includes, in the case of any veteran, 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. (3) The term "Civil War veteran" includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term "active military or naval service" includes active service in those forces. (4) The term "period of war" means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress. (Amended P.L. 94-169, § 106(1); P.L. 95–588, § 101.) § 502. Determinations with respect to disability (a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or is suffering from (1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or (2) any disease or disorder determined by the Administrator to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. (Amended P.L. 90-77, § 102(a); P.L. 94-169, § 106 (2); P.L. 94 432, § 201.) (b) For the purpose of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) helpless or blind, or so nearly help. less or blind as to need or require the regular aid and attendance of another person. (Amended P.L. 90-77, § 102(b); P.L. 94-169, § 106 (2).) (c) For the purposes of this chapter, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain. throughout such veteran's lifetime. (Added P.L. 88-664, § 6(b); amended P.L. 94-169, § 106 (2).) § 503. Determinations with respect to annual income (a) In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annu ity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except (1) donations from public or private relief or welfare organizations; (2) payments under this chapter; (3) amounts equal to amounts paid by a spouse of a veteran for the expenses of such veteran's last illness, and by a surviving spouse or child of a deceased veteran for (A) such veteran's just debts, (B) the expenses of such veteran's last illness; and (C) the expenses of such veteran's burial to the extent such expenses are not reimbursed under chapter 23 of this title; (4) amounts equal to amounts paid— (A) by a veteran for the last illness and burial of such veteran's deceased spouse or child, or (B) by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran; (5) proceeds of fire insurance policies; (6) profit realized from the disposition of real or personal property other than in the course of a business; (7) amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner; (8) amounts equal to amounts paid by a veteran, veteran's spouse, or surviving spouse or by or on behalf of a veteran's child for unreimbursed medical expenses, to the extent that such amounts exceed 5 per centum of the maximum annual rate of pension (including any amount of increased pension payable on account of family members but not including any amount of pension payable because a person is in need of regular aid and attendance or because a person is permanently housebound) payable to such veteran, surviving spouse, or child; (9) in the case of a veteran or surviving spouse pursuing a course of education or vocational rehabilitation or training, amounts equal to amounts paid by such veteran or surviving spouse for such course of education or vocational rehabilitation or training, including (A) amounts paid for tuition, fees, books, and materials, and (B) in the case of such a veteran or surviving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such amounts exceed the reasonable expenses which would have been incurred by a nondisabled person using an appropriate means of transportation (public transportation, if reasonably available); and (10) in the case of a child, any current-work income received during the year, to the extent that the total amount of such income. does not exceed an amount equal to the sum of— (A) the lowest amount of gross income for which an income tax return is required under section 6012(a) of the Internal Revenue Code of 1954, to be filed by an individual who is not married (as determined under section 143 of such |