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The fifth paragraph of this section, based on section 5, act of July 3, 1930 (46 Stat. 1017); 88 U. S. C. 11d, and the seventh paragraph, based on section 7, act of July 3, 1930 (46 Stat. 1018); 38 U. S. C. 11f, have been eliminated from the Code.

For retirement of the Administrator of Veterans' Affairs as an officer of the Regular Army, see act of March 10, 1944 (58 Stat. 113); 10 U. S. C. 1026c.

1060a. Compensation; determination of service connection.-That the Administrator of Veterans' Affairs is hereby authorized and directed to include in the regulations pertaining to service connection of disabilities additional provisions in effect requiring that in each case where a veteran is seeking service connection for any disability due consideration shall be given to the places, types, and circumstances of his service as shown by his service record, the official history of each organization in which he served, his medical records, and all pertinent medical and lay evidence.

In the case of any veteran who engaged in combat with the enemy in active service with a military or naval organization of the United States during some war, campaign, or expedition, the Administrator of Veterans' Affairs is authorized and directed to accept as sufficient proof of service connection of any disease or injury alleged to have been incurred in or aggravated by service in such war, campaign, or expedition, satisfactory 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 such veteran: Provided, That 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 such case shall be recorded in full. Act of Dec. 20, 1941 (55 Stat. 847); 38 U. S. C. 726.

1061. Compensation; effect of discharge or dismissal.

For later provisions on this subject, see Servicemen's Readjustment Act of 1944, post, 1164-5.

1063. Compensation; total disability.

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That on and after the date of enactment of this Act any World War veteran suffering from paralysis, paresis, or blindness, or who is helpless or bedridden, as the result of any disability, may be awarded compensation under the laws and interpretations governing this class of cases prior to the enactment of Public Law Numbered 2, Seventy-third Congress, March 20, 1933, subject, however, to the limitations, except as to misconduct or wilful misconduct, contained in sections 27 and 28 of Public Law Numbered 141,

Seventy-third Congress, March 28, 1934, as amended by section 5 of Public Law Numbered 304, Seventy-fifth Congress, August 16, 1937: Provided, That the language herein contained shall not be construed to reduce or discontinue compensation authorized under the provisions of section 26 of Public Law Numbered 141, Seventy-third Congress: Provided further, That where a World War veteran dies or has died, and service connection for any of the foregoing conditions is or would have been established under the provisions of this amendment, the surviving widow, child, or children, if otherwise eligible thereto, shall be awarded death compensation under Public Law Numbered 484, Seventy-third Congress, as amended. Sec. 1, act of July 19, 1939 (53 Stat. 1067); sec. 7, act of Oct. 17, 1940 (54 Stat. 1196); 38 U. S. C. 7036.

The above provision is added as a new paragraph of this section. For acts referred to sec. 1060, 1062, ante; 1069, post.

1064a. Death compensation; payments to dependent mother or father.— That pension or compensation payable to a dependent mother or father under any law administered by the Veterans' Administration shall continue during dependency whether dependency arises prior or subsequent to the death of the veteran on whose account the benefit is payable. The fact of remarriage of the mother or father shall not operate to terminate such pension, provided that dependency exists notwithstanding such remarriage. Sec. 1, act of July 30, 1941 (55 Stat. 608) 38 U. S. C. 725.

1065. Death compensation, service-connected; rates.-Effective on the 1st day of the month next following the date of enactment of this Act, the rates of death compensation payable under the provisions of existing laws or veterans regulations to a surviving widow, child, or children, and/or dependent mother or father now on the rolls or hereafter to be placed on the rolls as the surviving widow, child, or children, and/or dependent mother or father of any World War veteran who died as the result of injury or disease incurred in or aggravated by active military or naval service in the World War, shall be as follows:

Widow but no child, $50; widow with one child, $65, with $13 for each additional child (subject to apportionment regulations); no widow but one child, $25; no widow but two children, $38 (equally divided) with $10 for each additional child (total amount to be equally divided). As to the widow, child, or children, the total amount payable under this paragraph shall not exceed $100. The amount of compensation herein authorized shall be paid in the event the monthly payment of compensation under Veterans Regulation Numbered 1 (g) and the monthly payment of yearly renewable term or automatic insurance, or national service life insurance does not aggregate or exceed the amount of compensation herein authorized: Provided, That persons entitled to pension or compensation on account of the death, disability, or service of more than one person, if otherwise entitled, shall be paid the increased rates provided by this section.

As to the surviving widow, child, or children, and/or dependent mother or father on the rolls on the date of enactment of this Act, any increased award herein authorized shall be effective from the date of enactment of this Act and in all other cases, except as provided in section 6 of Public Law Numbered 304, Seventy-fifth Congress, approved August 16, 1937, effective dates of awards shall be governed by the provisions of veterans' regulations promulgated under Public Law Numbered 2, Seventy-third Congress, March 20, 1933. Sec. 3, act of Aug. 16, 1937 (50 Stat. 660); sec. 5, act of July 19,

1939 (53 Stat. 1070); sec. 2, act of Aug. 21, 1941 (55 Stat. 665); 38 U. S. C. 472b; sec. 14 (a), act of July 13, 1943 (57 Stat. 558); 38 U. S. C. 731.

That, effective on the first day of the month next following the date of enactment of this Act, the rates of death compensation provided for the dependents of World War veterans by section 5 of Public Law Numbered 198, Seventy-sixth Congress, July 19, 1939 (U. S. C., title 38, sec. 472b), subject to the limitation contained in the last sentence of the second paragraph of said section 5, as amended by this Act, shall be payable as death pension to the dependents of veterans of the Spanish-American War, including the Philippine Insurrection and Boxer Rebellion, entitled to death pension under the provisions of paragraph IV, part I of Veterans Regulation Numbered 1 (a), as amended, and to the dependents of veterans entitled to death pension under the provisions of paragraph I (c), part II of Veterans Regulation Numbered 1 (a), as amended, where the veteran's death resulted from an injury received in line of duty in actual combat in a military expedition or military occupation. Sec. 1, act of Aug. 21, 1941 (55 Stat. 665); 38 U. S. C. 357b.

Effective the first day of the month next following the enactment of this Act, in no event shall monthly payments of yearly renewable term or automatic, or National Service Life Insurance serve to reduce amounts of compensation or pension otherwise payable under existing compensation or pension laws. Section 5, Act of July 19, 1939 (38 U. S. C. 472b), as amended by section 2, Act of August 21, 1941 (Public Law Numbered 242, Seventy-seventh Congress), is modified accordingly. Sec. 10, act of July 11, 1942 (56 Stat. 659); 38 U. S. C. 472b-1.

The original text of this section has been amended as indicated by the first paragraph, supra. The increased pension rates authorized therein by section 14(a) of the amendatory act of July 13, 1943, supra, are not to be awarded prior to August 1, 1943, by virtue of section 14 (c) of the aforementioned act 38 U. S. C. 731(c).

The second and third paragraphs, supra, are added as new provisions.

1066. Death compensation, service connected; date effective.

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That effective December 7, 1941, where in the case of a person in the active land or naval service a report of death or a finding of death has been made by the Secretary of War or the Secretary of the Navy, the effective date of an award of death pension or compensation payable under Public Law Numbered 2, Seventy-third Congress, as amended, shall be the day following the date fixed by the Secretary as the date of death in such report or finding: Provided, That claim be filed prior to one year after report or finding of death is made: And provided further, That death pension or compensation under the laws administered by the Veterans' Administration shall not be payable to any dependent for any period for which such dependent has received or is entitled to receive, an allowance, allotment, or service pay of the deceased. Act of Sept. 7, 1944, (58 Stat. 728); 38 U. S. C. 733. The above provision is added as a new paragraph of this section.

1068. Death compensation, service-connected; widow defined, effect of remarriage or separation.-On and after the date of enactment of this Act for the purpose of payment of compensation or pension under the laws administered by the Veterans' Administration, the term "widow of a World War I veteran" shall mean a woman who was married prior to the effective date of enactment of this amendment, or ten or more years, to the person who served: Provided, That all marriages shall be proven as valid marriages according to the law of the place where the parties resided at the time of mar

riage or the law of the place where the parties resided when the right to compensation or pension accrued: And provided further, That where the original date of marriage meets the statutory requirement and the parties were legally married at date of death of the veteran, the requirement of the statute as to date of marriage will be regarded as having been met. Compensation or pension shall not be allowed a widow who has remarried either once or more than once, and where compensation or pension is properly discontinued by reason of remarriage it shall not thereafter be recommenced. No compensation or pension shall be paid to a widow unless there was continuous cohabitation with the person who served from the date of marriage to date of death, except where there was a separation which was due to the misconduct of or procured by the person who served, without the fault of the widow. Sec. 3, act of May 13, 1938 (52 Stat. 353); sec. 3, act of Dec. 14, 1944 (58 Stat. 804); 38 U. S. C. 505a.

The original text of this section has been amended as above.

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There shall be no recovery of payments heretofore or hereafter made under the provisions of this Act from any person who, in the judgment of the Administrator, is without fault on his part and where, in the judgment of the Administrator, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. No disbursing officer and no certifying officer shall be held liable for any amount paid to any person where the recovery of such amount from the payee is waived under the provisions of this section. This section shall be deemed to be in effect as of June 28, 1934. Sec. 6, added to act of June 28, 1934 by sec. 1, act of Oct. 17, 1940 (54 Stat. 1193); 38 U. S. C. 507a.

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(a) The surviving widow, child, or children or any deceased person who served in World War I before November 12, 1918, or if the person was serving with the United States military forces in Russia before April 2, 1920, and who was discharged or released from active service under conditions other than dishonorable after having served ninety days or more or for disability incurred in the service in line of duty, or who at time of death was receiving or entitled to receive compensation, pension, or retirement pay for service-connected disability, shall, upon filing application and such proofs in the Veterans' Administration as the Administrator of Veterans' Affairs may prescribe, be entitled to receive pension as provided by this Act.

(c) Payment of compensation under the provisions of this Act shall not be made to any widow without child, or a child whose annual income exceeds $1,000, or to a widow with a child or children whose annual income exceeds $2,500. In determining annual income any payments by the United States Government because of disability or death under laws administered by the Veterans' Administration shall not be considered: Provided, That where payments to a widow are disallowed or discontinued hereunder, payment to a child or children of the deceased veteran may be made as though there is no widow. Sec. 1, act of June 28, 1934 (48 Stat. 1281); sec. 1, act of July 19, 1939 (53 Stat. 1068); sec. 11, act of July 13, 1943 (57 Stat. 556); sec. 1, act of Dec. 14, 1944 (58 Stat. 803); 38 U. S. C. 503.

(a) That the monthly rates of pension shall be as follows: Widow but no child, $35; widow and one child, $45; (with $5 for each additional child); no widow but one child, $18; no widow but two children, $27 (equally

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