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Veterans' Affairs may prescribe and in no event prior to the date of enactment of this Act. (June 29, 1936, c. 867, s. 1, 49 Stat. 2031; 38 U. S. C. 508.)

HISTORICAL NOTE

This is section 1 of Pub. No. 844, 74th Cong., "An Act To liberalize the provisions of Public Law Numbered 484, Seventythird Congress, to effect uniform provisions in laws administered by the Veterans' Administration, to extend the Employees' Compensation Act with limitations to certain World War Veterans and other persons, and for other purposes."

Section 601 of Pub. 844, 74th Cong., provides-"Except where otherwise provided, this Act shall take effect from the date of its enactment."

NOTES OF DECISIONS

Misconduct.-Death resulting from misconduct of the person who served is not a ground for denial of compensation under the provisions of this section. (R. & P. R-2548 (G), 6-13-36.)

Where a veteran during his lifetime is receiving compensation for a service-connected disability to a degree of 30 per cent or more due to a disease of misconduct origin and dies of such disease, the widow and minor children may be awarded death compensation under this section, if otherwise entitled thereto. (A. D. 384.)

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DISABILITY ALLOWANCE

Chapter IV.-DISABILITY ALLOWANCE

EDITORIAL NOTE

Section 17, Title I, Public No. 2, 73d Congress, March 20, 1933, “An Act to maintain the credit of the United States Government" [s. 435.17 hereof] repealed "all public laws granting * disability allowance, * * *." These laws were contained in the last two paragraphs of section 200, WWVA, as amended, ss. 521, 523-525, and 533 hereof. By reason of this repeal the entire chapter on disability allowance is no longer for application.

By the terms of the aforesaid section 17, disability allowance was not payable after June 30, 1933. Veterans' Regulation No. 1 (a), as amended, Part III, provides a pension for World War veterans suffering from non-service connected disabilities.

This part of the Regulation is set forth in ss. 439 and 439.1, q. V. See also ss. 439.2 and 439.3.

DECISIONS RELATING TO SUBJECT IN GENERAL Accrued payment.-There is no authority for the payment of accrued disability allowance when no payment to the veteran entitled thereto had been made prior to March 20, 1933. Citing 10 Op. Sol. 619. (R. & P. R-2666 (D); 1-25-36.)

Payment of pension where a veteran was paid disability allowance at a lower rate to June 30, 1933.-Where a veteran received disability allowance of $12 monthly through June 30, 1933, and filed, on June 19, 1933, application for war-time non-service pension to which he was found entitled at rate of $30 a month, he may be paid the pension over the period from June 19, 1933, to June 30, 1933, minus the amount of disability allowance previously paid him over the same period. (A. D. 211.)

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