For limitations on, and apportionment of, payments of pension, compensation, or emergency officers' retirement pay in case of hospitalized or domiciled veterans, see ss. 440.4 and 440.5.

For authority to incur court costs and other expenses incident to commitment of mentally incompetent veterans see s. 871.1.

571. Domiciliary care, medical and hospital treatment. In addition to the pensions provided in this title the Administrator of Veterans' Affairs is hereby authorized under such limitations as he may prescribe, and within the limits of existing Veterans' Administration facilities, to furnish to men discharged from the Army, Navy, Marine Corps, or Coast Guard for disabilities incurred in line of duty or to those in receipt of pension for service-connected disability, and to veterans of any war, including the Boxer Rebellion and the Philippine Insurrection, domiciliary care where they are suffering with permanent disabilities, tuberculosis, or neuropsychiatric ailments and medical and hospital treatment for diseases or injuries: Provided, That any veteran of any war who was not dishonorably discharged, suffering from disability, disease, or defect, who is in need of hospitalization or domiciliary care and is unable to defray the necessary expenses therefor (including transportation to and from the Veterans' Administration facility), shall be furnished necessary hospitalization or domiciliary care (including transportation) in any Veterans' Administration facility, within the limitations existing in such facilities, irrespective of whether the disability, disease, or defect was due to service. The statement under oath of the applicant on such form as may be prescribed by the Administrator of Veterans' Affairs shall be accepted as sufficient evidence of inability to defray necessary expenses. (Mar. 20, 1933, c. 3, Title I, s. 6, 48 Stat. 9; June 16, 1933, c. 101, s. 1, 48 Stat.

578.

Rules and procedure governing domiciliary or hospital care. Continuation of care to persons properly admitted prior to March 20, 1933.

Medical, surgical and dental services; appliances, wheel chairs, artificial limbs, trusses, special clothing.

301; Mar. 28, 1934, c. 102, Title III, s. 29, 48 Stat. 525; Aug. 23, 1935, c. 621, s. 1, 49 Stat. 729; 38 U. S. C. 706.)

HISTORICAL NOTE

This is section 6 of Title I, Pub. No. 2, 73d Cong., March 20, 1933, entitled "An Act To maintain the credit of the United States Government", as amended by Pub. No. 78, 73d Cong., June 16, 1933, "An Act Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes", by Pub. No. 141, 73d Cong., March 28, 1934, "An Act Making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes", and by Pub. No. 312, 74th Cong., Aug. 23, 1935, "An Act To amend section 6 of title I of the Act entitled 'An Act to maintain the credit of the United States Government,' approved March 20, 1933, as amended; to extend the time within which applications for benefits under the World War Adjusted Compensation Act, as amended, may be filed; and for other purposes."

As originally enacted, the section read as follows:

"In addition to the pensions provided in this title, the Administrator of Veterans' Affairs is hereby authorized under such limitations as may be prescribed by the President, and within the limits of existing Veterans' Administration facilities, to furnish to veterans of any war, including the Boxer Rebellion and the Philippine Insurrection, domiciliary care where they are suffering with permanent disabilities, tuberculosis or neuropsychiatric ailments and medical and hospital treatment for diseases or injuries."

The amendatory Act of June 16, 1933, had the effect of inserting the phrase "men discharged from the Army, Navy,

Marine Corps, or Coast Guard for disabilities incurred in line of duty and to" after the words "to furnish to" in the first part of the section. The effect of the amendatory Act of March 28, 1934, was to add the proviso as it appears in the text. The Act of August 23, 1935, brought the section to its present wording, omitting the phrase "be prescribed by the President", inserting the words "he" and "prescribed" as they appear in the text, and adding an additional group of beneficiaries by inserting the phrase "or to those in receipt of pension for service-connected disability", as it appears above.

NOTES OF DECISIONS

Repeal of prior law granting domiciliary care. The repeal implied by this section is as definite as if s. 17, Pub. No. 2, 73d Cong., s. 435.17 hereof, had specifically repealed the Act of June 7, 1924 (s. 741], opening the doors of the National Home for Disabled Volunteer Soldiers to all ex-members of the military and naval forces without respect to war service. (A. D. 149.) See also A. D. 332.

This section, as amended June 16, 1933, unquestionably encompasses all rights to hospital and domiciliary care to which ex-service men are entitled after the enactment of Publics No. 2 and No. 78, 73d Congress. If Congress intended peace time men who have no disabilities of service origin to be within the hospital and domiciliary provisions it would have placed them there unequivocally, as it did those specifically mentioned. (Id.)

No institutional care may be furnished except within the limitations of this section. (Id.)

Same; care of veterans in State institutions.-The provisions in Public No. 78, 73d Congress, "That when found to be in the best interest of the United States, not to exceed $500,000 of this amount may be used for payments to State institutions caring for and maintaining veterans, suffering from neuropsychiatric ailments, who are in such institutions on the date of enactment of this Act" does not limit the general authority vested in the Administrator by this section. Although the proviso does not empower the Administration to assume the financial responsibility for the care in State institutions of veterans receiving hospitalization therein who had not been definitely placed on the rolls of the Veterans' Administration as beneficiaries prior to the date of its enactment [June 16, 1933], it does not preclude the Administration from thereafter utilizing State institutions under contract in emergency cases for the hospitalization of veterans suffering from service connected disabilities and assuming the financial responsibility for the care of such beneficiaries. (A. D. 171.)

Hospitalization of dishonorably discharged veteran who was entitled to compensation under sec. 23, WWVA.-In ascertaining eligibilty to treatment under Pub., No. 2, 73d Cong., consideration must be given not only to phraseology employed in Vets. Regs. but also to purpose and intent of sec. 7, Title I, Pub. No. 2 [s. 435.7] and the general scheme and purpose of pension legislation. A veteran who is, under s. 435.7, entitled to pension for World War service connected disability is also entitled to medical or hospital treatment for the condition which is the basis for the payment of the pension. (A. D. 197-A.)

Restrictions on pensions of hospitalized veterans.-The pensions of veterans hospitalized under this Section and the regulations issued thereunder are subject only to the restrictions of such regulations. (A. D. 209.) [Note: For restrictive provisions referred to, sce 88. 440.4 and 440.5.]

Rights under section separate from right to pension.-The right to medical and hospital treatment is a right that is separate from and in addition to the right to pension. (A. D. 241.)

Persons discharged for line of duty disability; scope of amendment of June 16, 1933, Pub. 78.-This section, as amended by Public No. 78, 73d Congress, authorizes the furnishing of treatment to those persons who were discharged from the active service for disabilities incurred in line of duty, irrespective of whether such discharge was from a peace time or war time enlistment, and does not enlarge the benefits theretofore authorized to persons who were not discharged for disabilities incurred in line of duty. (A. D. 331.)

Determination of line of duty status.-Findings of the Service Department as to line of duty should, as a general rule, be accepted in determining eligibility of peace time veteran who was discharged for disability. (A. D. 368.)

Amendment of Mar. 28, 1934 (Pub. 141); authority of President to prescribe regulations governing entitlement; permanent disability as prerequisite. The primary purpose of the proviso [to this section], in so far as it concerns domiciliary care, is to enlarge the class of veterans that could be furnished such care before the amendment was enacted. The furnishing of such care is mandatory within the limits of Veterans' Administration facilities. A proposed regulation requiring that veterans be suffering from a permanent disability, disease, or defect as a pre

requisite to the grant of domiciliary care is invalid. (37 Op. Atty. Gen. 551.)

Same; preference in order of admission.-In furnishing domiciliary and hospital care a preference may be given to veterans with 90 or more days of service. (Id.)

Amendment of August 23, 1935 (Pub. 312); persons eligible; cadets and midshipmen.-Cadets and midshipmen discharged from the academy because of disability incurred in line of duty or in receipt of pension for service connected disability are eligible to receive hospitalization, domiciliary care, or medical treatment on the same basis and under the same conditions as are other persons who are honorably discharged from the active military or naval service for disabilities incurred in line of duty, or who are in receipt of pension for service connected disabilities. (A. D. 374.)

Dental treatment for non-pensionable disability. The amendment, authorizing treatment in cases of men discharged from military service who are in receipt of pension for service-connected disabilities, includes authority for the furnishing of dental treatment for a service connected non-pensionable disability to a veteran who is in receipt of compensation or pension for a service connected disability. There is no requirement that the disability for which treatment is sought be the disability for which pension is being paid, nor that the two disabilities be incurred in the same period of military service. (A. D. 358.) Effect of suspended pension on right to hospitalization.—A peace time veteran suffering from a pensionable degree of disability may be furnished hospitalization or domiciliary care, including medical treatment, if otherwise entitled thereto, notwithstanding the fact that payment of pension is suspended during the period of his Federal employment. (A. D. 365.) Eligibility of alien veterans.-There is authority for furnishing domlciliary or hospital care to a neutral non-declarant alien who was honorably discharged from at the military service his own request entitled subsequent to November 11, 1918, if otherwise thereto. (A. D. 392.)

CROSS REFERENCE

For additional annotations see Notes of Decisions under other sections in this subchapter, especially s. 572 and s. 578.

571.1. Veterans' Administration facilities, definition.-XIX. The phrase "Veterans' Administration facilities" as used in section 6, title I, Public No. 2, 73d Congress as amended by section 1 of Public No. 78, 73d Congress [s. 571], shall include the following:

(a) Those facilities over which the Veterans' Administration has direct and exclusive jurisdiction;

(b) Those other government facilities for which the Administrator of Veterans' Affairs may deem it necessary to contract;

(c) Those private facilities for which the Administrator of Veterans' Affairs may deem it necessary and proper to contract, in order to provide hospital care (1) in emergency cases for persons suffering from injuries or diseases incurred or aggravated in line of duty in active military or naval service; (2) for women veterans of any war; (3) for veterans of any war in the territories and possessions. (Mar. 31, 1933, Ex. O. 6098, par. XIX, as amended July 28, 1933, Ex. O. 6234, par. 4; 38 U. S. C. c. 12.)

HISTORICAL NOTE

This is paragraph XIX of Vets. Reg. No. 10 as amended by Vets. Reg. No. 10 (b). It originally read as follows:

"XIX. The phrase 'Veterans' Administration facilities' as used in Section 6, Title I, Public No. 2, 73rd Congress, shall only include those facilities over which the Veterans' Administration has direct and exclusive jurisdiction, and such other facilities as the Administrator of Veterans' Affairs may deem necessary to contract for in order to provide hospital care in emergency cases for veterans of any war suffering from in

juries or diseases incurred or aggravated in line of duty in active military or naval service, within the limits of such contracts, and contract facilities for women veterans of any war suffering from injuries or diseases incurred or aggravated in line of duty in the active military or naval service and contract facilities generally in the territories and possessions which are deemed reasonably necessary by the Administrator of Veterans' Affairs in order to provide hospital treatment for veterans suffering from injuries or diseases incurred or aggravated in line of duty in the active military or naval service."

NOTES OF DECISIONS

Utilization of facilities other than those under direct and exclusive jurisdiction of the Vets. Adm.-For the purposes of Vets. Reg. No. 10 (b), paragraph XIX, defining "Veterans' Administration facilities", the following provisions will govern in authorizing admissions to facilities other than those under the direct and exclusive jurisdiction of the Vets. Adm.

(1) Hospitalization will not be authorized in government facilities other than those over which the Vets. Adm. has direct and exclusive jurisdiction until contracts for such service have been approved. Such contracts, which will be made only to cover admissions of beneficiaries with service connected disabilities (except where the Adm. specially contracts for additional government facilities to be used for nonservice-connected cases, in which event specific authorization will be granted to the manager of the office or facility concerned to utilize the particular hospital mentioned, and except for beneficiaries in the territories and possessions), will not be entered into except after careful consideration is given both to the best interests of the Government and of beneficiaries.

(2) Private facilities will not be used for hospitalization of female beneficiaries except where Vets. Adm. facilities or other government contract facilities are not feasibly available, or when the physical or mental condition of such beneficiaries will not allow of their transfer

from a private institution to a government facility. With the exception of medically emergent conditions in male or female beneficiaries with service connected disabilities, in no event will hospitalization be authorized in any private or state institution without the approval of a contract for such service. In these medically emergent cases the authority for admission to a private institution not under contract will be authority for the payment of vouchers covering the cost of such hospitalization.

(3) In contracting for the use of facilities in territorial and insular possessions, preference will be given to government institutions, and contracts will be made with private or insular institutions only when service is not available through a Federal government facility. In no event will hospitalization in the territorial and insular pcssessions be authorized until contracts therefor have been approved, nor will private facilities be used for other than war veterans.

(4) The general principles to be observed in utilization of facilities other than those over which the Vets. Adm. has direct and exclusive jurisdiction will be as follows: Other government or private facilities under contract will be used for the hospitalization of service connected disabilities in accordance with the foregoing instructions only when Vets. Adm. facilities are not feasibly available or when the urgency of the applicant's medical condition, the relative distance of travel involved or the nature of the treatment required in the individual case, makes it more economical and advisable to utilize such other institutions in preference to a Vets. Adm. facility. Other government facilities under contract will be used for hospitalization of nonserviceconnected disabilities only by those offices or facilities in which the manager has been given specific authority to do so, and then under the limitations set forth in the letter authorizing the use of other government hospitals for this purpose.

(5) Managers of regional offices and facilities having regional offices are empowered to authorize, through chief medical officers, admission to private hospitals not under contract, of women war veterans suffering from either service-connected or nonservice-connected diseases or injuries, when a true medical emergency is existing and no governmental or contract private facilities are feasibly available, without the necessity of securing prior approval of the medical director. In these medically emergent cases, the authority for admission to a private hospital not under contract will be authority for payment of Vouchers covering the cost of such hospitalization; provided, that in such authority for admission it shall be stipulated (1) that the charges for hospital room, nursing, etc., shall not exceed the rates charged for other patients for the same services; and (2) that the services of consultants shall be billed for at fees in accordance with the schedule of fees of the Vets. Adm. However, admission of a woman war veteran to a private hospital not under contract, for

treatment of a disease or injury not service-connected, when no medical emergency is existing, will not be authorized until prior approval of the medical director is secured.

(6) Managers of regional offices and facilities having regional offices, through chief medical officers, are also empowered to authorize admission to private hospitals, under contract, of women war veterans suffering from nonservice-connected diseases or injuries, as well as service-connected diseases or injuries in a medical emergency or otherwise, without the necessity of securing prior approval of the medical director.

(7) Pregnancy and childbirth will not entitle to hospital treatment, either in facilities under direct and exclusive jurisdiction of the Vets. Adm. or in other government or private hospitals.

(8) The prior approval of the medical director must be secured before hospitalizing beneficiaries in the insular and territorial possessions in facilities not covered by annual contracts, except where immediate hospitalization is indicated for treatment of a medically emergent service connected disability.

(9) The prior approval of the medical director must be secured for the use of facilities covered by annual contracts, located either within the continental limits of the United States or in the insular or territorial possessions, for the hospitalization in one of such facilities of beneficiaries in excess of the number of beds contracted for in that particular institution, except where immediate hospitalization is indicated for treatment of a medically emergent service-connected disability.

(10) A veteran whose entitlement to hospital treatment has been established, either for a condition connected or not connected with military service, whose admission to a government facility has been approved, who has been supplied transportation, but who, while en route to the designated facility, develops an unforeseen and unavoidable medical emergency requiring admission to a private hospital, will be entitled to reimbursement for the private hospitalization so occasioned, at rates in accordance with the schedule of fees for medical treatment, Vets. Adm. (R. & P. R-6050, 1-25-36.)

572. Persons entitled to domiciliary or hospital care; order of preference.-I. The Administrator of Veterans' Affairs, within the limits of Veterans' Administration facilities, is authorized to furnish domiciliary or hospital care, including medical treatment, to the following persons and in the specified order of preference:

(a) To honorably discharged veterans of any war, including the Boxer Rebellion and the Philippine Insurrection, who are suffering with injuries or diseases which were incurred or aggravated in line of duty in the active military or naval service when in need of hospital treatment for such injuries or diseases; and

To those persons included in paragraph III of Part I of Veterans Regulation No. 1 (a) who are suffering with injuries or diseases which were incurred in line of duty, when in need of hospital treatment for such injuries or diseases;

(b) To persons honorably discharged from the United States Army, Navy, Marine Corps, or Coast Guard for disabilities incurred in line of duty, who are suffering with injuries or diseases which were incurred or aggravated in line of duty in the active service when in need of hospital treatment for such injuries or diseases;

(c) To veterans of any war, including the Boxer Rebellion and the Philippine Insurrection, who served in the active military or naval service for a period of ninety days or more and who have been honorably discharged therefrom, or who, having served less than ninety days, were discharged for disability incurred in the service in line of duty, who have no adequate means