VETERANS' BENEFITS INTRODUCTION This pamphlet contains all of the laws of general applicability in force, as amended through the 2d session of the 95th Congress, which are administered by the Veterans' Administration, and includes tables which should be of assistance to those desiring information about such laws. These laws are (1) title 38, United States Code (printed at pp. 35382); (2) sections 2-12 of Public Law 85-857 and section 306 of Public Law 95-588, which contain provisions of law designed to make the transition from former laws to title 38 (printed at pp. 382-387); (3) certain provisions of repealed law available to pensioners on the rolls on June 30, 1960 and on December 31, 1978 (printed at pp. 388-403); (4) section 6 of the National Cemeteries Act of 1973 which contain provisions of law designed to make the transition from former laws to title 38 (printed at pp. 405-406); (5) the Soldiers' and Sailors' Civil Relief Act of 1940 (printed at pp. 407-427). A complete index to title 38, United States Code, is printed at pages 595-661. The tables referred to above are printed at pages 429-594. COMPENSATION Tables showing a detailed analysis of the elements of entitlement to compensation for service-connected disability, and compensation or dependency and indemnity compensation for service-connected deaths and certain other deaths are set forth on pages 429-439 and 453–456. PENSION Tables providing a detailed analysis of the elements of entitlement to pension for non-service-connected disability or death, or for service, and the historical development thereof, are set forth on pages 440–452 and 457-594. OTHER PROGRAMS Other major benefit programs are summarized in the paragraphs which follow. Except as otherwise noted, each of these programs is administered by the Veterans' Administration. VETERAN'S OUTREACH SERVICES PROGRAM In order to assist veterans to achieve a rapid social and economic readjustment to civilian life and thereby attain a higher standard of living for themselves and their families, the Congress has charged Administrator of Veterans' Affairs with the responsibility of prov ing timely and appropriate assistance in obtaining all of the adv tages offered by readjustment programs administered by the Vetera Administration and other Government agencies. The Administra has the affirmative duty of advising each veteran, by letter at the t of his discharge and distributing to veterans complete information the full range of governmental programs and benefits available them as well as providing aid and assistance in the preparation presentation of claims for benefits. In addition, in the case of t veterans who do not have a high school education at the time of charge, the Administrator is charged with the duty of contacting individuals in person or by telephone. To fully implement the outre program to its best advantage, the establishment and maintenanc veteran assistance offices are authorized throughout the United St and the territories, with due regard to the necessities of the geogra cal distribution of veterans and the needs in less populated areas. Administrator is authorized to bring to bear upon the problem readjustment of veterans and their dependents, by coordination cooperation with the Department of Labor and other U.S. Governn agencies, the utilization of all services which may be available useful for this purpose. EDUCATION SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED Eligibility.-Veterans not on active duty, otherwise eligible for cational benefits, (1) who did not have a secondary school diplom the time of discharge, or (2) are in need of a refresher, deficiency other preparatory or special educational assistance courses to qua for admission to an educational institution. Educational allowance.-Allowances are paid on the same basis computation as required for the educational and assistance allow under 38 U.S.C. 1682. However, in addition to the educational as ance, where a deficiency exists in a veteran's satisfactory pursu a course indispensable to a presently secondary program pursue a half-time or more basis, the Administrator may pay an addit $69 per month, for a maximum of 12 months, or until a maximu $828 is utilized, of tutorial assistance to the veteran. The assist allowance or tutorial assistance for the educationally disadvant does not decrease the period of entitlement to educational assista veteran may have otherwise earned under 38 U.S.C. 1661. SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE Eligibility. Child and/or surviving spouse of a person who of a disease or injury arising out of active service after the begin of the Spanish-American War; child and/or spouse or surv spouse of a person who has a total disability permanent in n arising from the aforestated service, or who died while such a ability was in existence; and the child and/or spouse of a se 3 person who, for a period of more than 90 days, has been listed by the military service concerned as a prisoner of war, missing in action, or interned by a foreign government or power. (Entitlement to this latter benefit terminates when the serviceperson ceases to be listed in one of the requisite categories.) The surviving spouse or spouse of a person who died or was determined to be permanently and totally disabled prior to December 1, 1968, generally has 10 years from that date in which to take advantage of the educational benefits granted hereunder. Where the date of determination occurs subsequent to December 1, 1968, the 10-year eligibility period commences as of the date of death or the date the determination is made, whichever last occurs. The child or spouse of a serviceperson who is listed as a prisoner of war, missing in action, or interned has 8 years (10 years for spouses) from the date the serviceperson was so listed or from December 24, 1970, whichever date last occurs, to take advantage of such educational benefits. Age Limits.-Generally 18 to 25, inclusive, for children. Educational allowances.-Allowances are paid to a person taking a full-time course, with reduced rates payable for three-quarter-time, half-time and less-than-half-time training. Education may be taken in colleges and universities as well as below college level schools. In addition, eligible spouses and surviving spouses may pursue high school training without charge to their entitlement as well as (on and after January 1, 1973) correspondence course training and eligible spouses, surviving spouses and children may also pursue farm cooperative, apprentice and on-job-training programs. Provision is made for specialized vocational training and special restorative training of handicapped children who have attained age 14. VETERANS' READJUSTMENT BENEFITS ACT OF 1966, AS AMENDED Eligibility. Any person who (1) served on active duty for more than 180 days in the military, naval or air service any part of which occurred after January 31, 1955, and before January 1, 1977, except for those individuals enlisting under the Delayed Entry Program before January 1, 1977, and serving on active duty commencing within 12 months from such date; or (2) was discharged for actual serviceincurred disability; or (3) is still on active duty if he or she has served more than 180 days in such status. No educational assistance may be afforded any eligible veteran under this program after December 31, 1989. Period of education.-Limited to 12 months of education or training, not to exceed 36 months (except the aggregate period for which a person may receive assistance under two or more designated laws may not exceed 48 months), for each month or fraction thereof of active duty service. Where a person has served a period of 18 months or more on active service after January 31, 1955, and is released under conditions satisfying his or her active duty obligation, he or she is entitled to educational assistance for a period of 45 months. Additional periods of assistance are also granted to the educationally disadvantaged. Generally, no educational benefits may be afforded beyond 10 years from the date of discharge. Educational allowances.-A veteran may be paid an educatio allowance while (1) pursuing a program of education at an appro educational institution; (2) enrolled in a farm cooperative prog in an educational institution; (3) receiving cooperative training a business or industrial establishment; (4) pursuing a full-time gram of apprenticeship or other on-the-job training; (5) receiv flight training; (6) pursuing a program of education exclusi by correspondence; and (7) engaged in certain other specified ed tional pursuits. Allowances are paid for a veteran without depend pursuing a full-time program under (1) above, with proportion increments payable to a veteran with dependents, based on the n ber of dependents. For those veterans enrolled in farm coopera programs under (2) above, the allowance is also based upon same dependency scale. Proportionate rates are fixed for th quarter-time and half-time under (1) and (2) above. In the cas veterans receiving cooperative training under (3) above, the ed tional assistance allowance likewise is fixed for those without pendents, and for those with dependents an additional monthly for each dependent in excess of two. Veterans engaged in appren ship or other on-the-job training programs are granted an allow during the first six months of training based upon the numbe dependents. The allowance decreases proportionately du the second, third, fourth, and any succeeding six month perio training. Veterans engaged in flight training are given an educat allowance of 90% of the established charges for tuition and charged nonveterans enrolled in similar courses with entitle charged at the rate of one month for cach specified amount allocat statute, which is paid the veteran. In the case of a veteran pursu correspondence program under (6) above, the allowance is paid pro rata basis for lessons completed by the veteran and serviced b institution (90% of established charges on contracts entered in and after January 1, 1973), with one month of entitlement charge each specified amount paid to the veteran. In general, from the a ance the veteran must meet all the costs of his education-tuition sistence, books, supplies, etc. VOCATIONAL REHABILITATION Eligibility. Any veteran who served actively in the Armed F in World War II or thereafter, was discharged under conditions than dishonorable, has a minimum service-connected disability percent, and requires training. Period of training.-Generally limited to 4 years of full-time ing or the equivalent in part-time training, normally to be obt within 9 years following discharge or release from service. A v had until October 15, 1971 if he or she was eligible for vocational bilitation by reason of a disability arising from service before ber 15, 1962, but either after World War II and before the K conflict, or after the Korean conflict. This period may, howev extended an additional 4 years for those veterans who were dela their training by not having attained, retrained, or regained m feasibility because of a mental or physical disability, not meeti 5 nature of discharge requirements prior to correction of their records, or not having timely established the existence of a compensable serviceconnected disability. Seriously disabled veterans may be granted such additional periods of eligibility as determined by the Administrator to be necessary based upon their disability and need for vocational rehabilitation. Subsistence. While pursuing a course of institutional vocational rehabilitation training and for two months after his employability is determined, a veteran having no dependents will be paid a subsistence allowance. Additional benefits are paid, under prescribed circumstances, in the case of veterans with dependents with increments based upon the number of his dependents. Proportionate rates are fixed for less than full-time training. In the case of a veteran receiving fulltime on-farm, apprentice or other on-the-job vocational training, the rates per month are based upon the same dependency scale. Trainees may also be furnished medical care. EDUCATION LOANS Eligibility. Any veteran or dependent who is in attendance at an educational institution on at least a half-time basis and is enrolled in (a) a course leading to a standard college degree, or (b) a course, the completion of which requires 6 months or longer, which leads to an identified and predetermined professional or vocational objective. The loan is not available to a veteran or dependent pursuing a program of correspondence, flight, apprentice or other on-job, or PREP training. Amount. Not in excess of $2,500 in any one regular academic year. Interest is charged at the same rate as that charged students under the guaranteed student loan program of the Department of Health, Education, and Welfare. Repayment of the loan with interest in installments began 9 months after the date on which the borrower terminates his or her educational program or ceases to be at least a half-time student and ends 10 years and 9 months after such date. Requirements. No education loan may be made unless the eligible veteran or dependent is unable to obtain a loan, in the full amount needed for such veteran or dependent, under a student loan program. Certain income and asset tests must be met, and eligible veterans or dependents must sign an agreement and a promissory note to obtain the loan. POST-VIETNAM VETERANS' EDUCATION PROGRAM Eligibility. Individuals initially entering military service on and after January 1, 1977, (1) who serve on active duty for a period of more than 180 days, or (2) who are discharged or released for serviceconnected disabilities based on service commencing after such date, are eligible for educational assistance. Type of program. This is a voluntary contributory program under which participants contribute from $50 to $75 monthly from their military pay (up to a maximum of $2,700) into a fund administered by the Veterans' Administration. The Department of Defense may make contributions in such sums as desired to an individual's account, and the Veterans' Administration matches the individual's contribution on a $2 for $1 basis at the time the individual pursues his or her program |