receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the monthly rate of $35 for one child, and $15 for each additional child. (b) Pension prescribed by this section shall be paid to eligible children in equal shares. (c) No pension shall be paid under this section to a child whose annual income, excluding earned income, exceeds $1,800. (As amended Pub. L. 86-211, § 4, Aug. 29, 1959, 73 Stat. 435.) AMENDMENTS 1959-Pub. L. 86-211 included children of World War II and Korean conflict veterans in the catchline. Subsec. (a). Pub. L. 86-211 included children of World War II and Korean conflict veterans, and substituted provisions authorizing the payment of a monthly pension of $35 for one child with $15 for each additional child for provisions which authorized the payment of $27.30 for one child, $40.95 for two children, $54.60 for three children and $7.56 for each additional child. Subsec. (c). Pub. L. 86-211 added subsec. (c). EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-211 effective July 1, 1960, see section 10 of Pub. L. 86-211, set out as a note under section 521 of this title. § 543. Net worth limitation. The Administrator shall deny or discontinue payment of pension under sections 541 or 542 of this title to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivor's maintenance. (As amended Pub. L. 86-211, § 4, Aug. 29, 1959, 73 Stat. 435.) AMENDMENTS 1959-Pub. L. 86-211 substituted provisions requiring the denial or discontinuance of payment of pension to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivor's maintenance for provisions which authorized the payment of a pension to widows of World War II or Korean conflict veterans. See section 541 of this title. EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-211 effective July 1, 1960, see section 10 of Pub. L. 86-211, set out as a note under section 521 of this title. §§ 544,545. CODIFICATION Sections 544 and 545 of this title, which authorized the payment of a pension to children of World War II or Korean conflict veterans and prescribed income limitations, were omitted by Pub. L. 86-211, § 4, Aug. 29, 1959, 73 Stat. 434, which amended this subchapter generally. See sections 542 and 543 of this title. Subchapter IV.-Army, Navy, Air Force, and Coast 1963-Pub. L. 88-77, § 5(3), July 25, 1963, 77 Stat. 96, substituted "Army, Navy, Air Force, and Coast Guard", for "Army, Navy, and Air Force", in the subchapter heading. § 560. Medal of Honor Roll; persons eligible. (a) There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of the 22-992 0-64-vol. 2 -59 Treasury, respectively, a roll designated as the "Army, Navy, Air Force, and Coast Guard Medal of Honor Roll". (b) Upon written application to the Secretary concerned, the Secretary shall enter and record on such roll the name of each surviving person who has served on active duty in the armed forces of the United States, who has attaiend the age of fifty years, and who has been awarded a medal of honor for distinguishing himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty— (1) while engaged in action against an enemy of the United States; (2) while engaged in military operations involving conflict with an opposing foreign force; or (3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (c) Applications for entry on such roll shall be made in the form and under regulations prescribed by the Secretary concerned, and shall indicate whether or not the applicant desires to receive the special pension provided by section 562 of this title. Proper blanks and instructions shall be furnished by the Secretary concerned, without charge upon the request of any person claiming the benefits of this subchapter. (As amended Pub. L. 87-138, § 1, Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, § 5(1), July 25, 1963, 77 Stat. 95.) AMENDMENTS 1963-Subsec. (a). Pub. L. 88-77 inserted references to the Department of the Treasury and to the Coast Guard. Subsec. (b). Pub. L. 88-77 enlarged the authority to enter and record names on the Medal of Honor Roll, which was limited to persons who served in the active military, naval or air service of the United States in any war, and who distinguished themselves by gallantry or intrepidity in action involving actual conflict with an enemy, to permit entering and recording names of persons who served on active duty in the Armed Forces of the United States distinguish themselves by gallantry and intrepidity while engaged in action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. 1961-Subsec. (b). Pub. L. 87-138, § 1(a), reduced the age requirement for entry on the Medal of Honor Roll from 65 to 50 years and eliminated the requirement that such person must have received an honorable discharge. Subsec. (c). Pub. L. 87-138, § 1(b), required applicants to indicate if they wished to receive the pension provided by section 562 of this title. EFFECTIVE DATE OF 1961 AMENDMENT Section 4 of Pub. L. 87-138 provided that: "The amendments made by this Act [to this section and sections 561 and 562 of this title] shall take effect on the first day of the first month which begins after the date of the enactment of this Act [Aug. 14, 1961], except that the amendments made by subsection (b) of the first section [to subsec. (c) of this section] and by section 2 [to section 561 of this title] shall not apply with respect to any application under section 560 of title 38, United States Code [this section], made before such first day by any person who fulfilled the qualifications prescribed by subsection (b) of such section at the time such application was made." § 561. Certificate. (a) The Secretary concerned shall determine whether or not each applicant is entitled to have his name entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If the official award of the Medal of Honor to the applicant, or the official notice to him thereof, shows that the Medal of Honor was awarded to the applicant for an act described in section 560 of this title, such award or notice shall be sufficient to entitle the applicant to have his name entered on such roll without further investigation; otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence on file in any public office or department shall be considered. (b) Each person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the Medal of Honor was awarded, of enrollment on such roll, and, if he has indicated his desire to receive the special pension provided by section 562 of this title, of his right to such special pension. (c) The Secretary concerned shall deliver to the Administrator a certified copy of each certificate issued by him under subsection (b) in which the right of the person named in the certificate to the special pension provided by section 562 of this title is set forth. Such copy shall authorize the Administrator to pay such special pension to the person named in the certificate. (As amended Pub. L. 87-138, § 2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, § 5(2), July 25, 1963, 77 Stat. 95.) AMENDMENTS 1963 Subsecs. (a), (b). Pub. L. 88-77 inserted references to the Coast Guard. 1961-Pub. L. 87-138 amended the catchline by deleting "entitling holder to pension", following "Certificate." Subsec. (a). Pub. L. 87-138 substituted "have his name entered on the Army, Navy, and Air Force Medal of Honor Roll" for "the benefits of this subchapter", and "have his name entered on such roll" for "special pension under this subchapter." Subsec. (b). Pub. L. 87-138 inserted provisions relating to the enrollee's indication of desire to receive pension. Subsec. (c). Pub. L. 87-138 required the copy to set forth the right of the person named in the certificate to the pension. EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-138 effective Sept. 1, 1961, except that it shall not apply with respect to applications under section 560 of this title made prior to Sept. 1, 1961, by anyone who fulfilled the qualifications prescribed by subsec. (b) of such section 560 at the time such application was made, see section 4 of Pub. L. 87-138, set out as a note under section 560 of this title. § 562. Special provisions relating to pension. (a) The Administrator shall pay monthly to each person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor roll, and a copy of whose certificate has been delivered to him under subsection (c) of section 561 of this title, a special pension at the rate of $100, beginning as of the date of application therefor under section 560 of this title. (As amended Pub. L. 87-138, § 3, Aug. 4, 1961, 75 1960-Pub. L. 86-639 inserted words "(except under the conditions described in section 612(f) (1))" in cl. (6). Pub. L. 86-598 inserted "optometrists' services" following "medical examination and treatment” in cl. (6). Subchapter II.-Hospital or Domiciliary Care and Medical Treatment § 610. Eligibility for hospital and domiciliary care. (a) The Administrator, within the limits of Veterans' Administration facilities, may furnish hospital care which he determines is needed to (1)(A) any veteran for a service-connected disability; or (B) a veteran of any war for non-service-connected disability if he is unable to defray the expenses of necessary hospital care; AMENDMENTS 1962-Subsec. (a)(1). Pub. L. 87-583 provided for hospital care to any veteran for a service-connected disability instead of to a veteran of any war for a service-connected disability incurred or aggravated during a period of war in subpar. (A) and incorporated existing provisions in subpar. (B). § 612. Eligibility for medical treatment. (a) Except as provided in subsection (b), the Administrator, within the limits of Veterans' Administration facilities, may furnish such medical services as he finds to be reasonably necessary to any veteran for a service-connected disability. In the case of any veteran discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, such services may be so furnished for that disability, whether or not service connected for the purposes of this chapter. (b) Outpatient dental services and treatment, and related dental appliances, shall be furnished under this section only for a dental condition or disability— (5) from which a veteran of the SpanishAmerican War or Indian Wars is suffering. (e) Any disability of a veteran of the SpanishAmerican War or Indian Wars, upon application for the benefits of this section or outpatient medical services under section 624 of this title, shall be considered for the purposes thereof to be a serviceconnected disability incurred or aggravated in a period of war. (f) The Administrator may also furnish medical services for a non-service-connected disability under the following circumstances: (1) Where such care is reasonably necessary in preparation for admission of a veteran who has been determined to need hospital care and who has been scheduled for admission. (2) Where a veteran has been granted hospital care, and outpatient care is reasonably necessary to complete treatment incident to such hospital care. (As amended Pub. L. 86–639, § 1, July 12, 1960, 74 Stat. 472; Pub. L. 87-377, § 1, Oct. 4, 1961, 75 Stat. 806; Pub. L. 87-583, § 2, Aug. 14, 1962, 76 Stat. 381.) AMENDMENTS 1962-Subsec. (a). Pub. L. 87-583 provided for medical service to any veteran for a service-connected disability instead of to a veteran of any war, to a veteran discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or to a person who is in receipt of, but for the receipt of retirement pay would be entitled to, disability compensation. 1961-Subsec. (b) (5). Pub. L. 87-377 inserted "or Indian wars" following "Spanish-American War." Subsec. (e). Pub. L. 87-377 inserted "or Indian wars" following "Spanish-American War." 1960 Subsec. (f). Pub. L. 86-639 added subsec. (f). § 617. Invalid lift for pensioners. The Administrator may furnish an invalid lift, if medically indicated, to any veteran in receipt of pension under chapter 15 of this title based on the § 618. Therapeutic and rehabilitative activities. The Administrator, upon the recommendation of the Chief Medical Director, may utilize the services of patients and members in Veterans' Administration hospitals and domiciliaries for therapeutic and rehabilitative purposes, at nominal remuneration, and such patients and members shall not under these circumstances be held or considered as employees of the United States for any purpose. The Administrator shall prescribe the conditions for the utilization of such services. (Added Pub. L. 87–574, § 2(1), Aug. 6, 1962, 76 Stat. 308.) § 619. Repair or replacement of certain prosthetic and other appliances. The Administrator may repair or replace any artificial limb, truss, brace, hearing aid, spectacles, or similar appliance (not including dental appliances) reasonably necessary to a veteran and belonging to him which was damaged or destroyed by a fall or other accident caused by a service-connected disability for which such veteran is in receipt of, or but for the receipt of retirement pay would be entitled to, disability compensation. (Added Pub. L. 87-850, § 1(a), Oct. 23, 1962, 76 Stat. 1126.) EFFECTIVE DATE Section 2 of Pub. L. 87-850 provided that: "The amendment made by this Act [adding this section] shall apply only with respect to the repair or replacement of artificial limbs, trusses, braces, hearing aids, spectacles, and similar devices damaged or destroyed after the date of enactment of this Act [Oct. 23, 1962]." Subchapter III.-Miscellaneous Provisions Relating to Hospital Care and Medical Treatment of Veterans § 624. Hospital care and medical services abroad. (a) Except as provided in subsections (b) and (c), the Administrator shall not furnish hospital or domiciliary care or medical services outside any State. (b) The Administrator may furnish necessary hospital care and medical services to any otherwise eligible veteran for any service-connected disability if the veteran (1) is a citizen of the United States sojourning or residing abroad, or (2) is in the Republic of the Philippines. (As amended Pub. L. 86-152, Aug. 11, 1959, 73 Stat. 332; Pub. L. 86-624, § 25(a), July 12, 1960, 74 Stat. 418; Pub. L. 87-815, § 4, Oct. 15, 1962, 76 Stat. 927.) AMENDMENTS 1962 Subsec. (b). Pub. L. 87-815 deleted "temporarily" preceding "sojourning." 1960 Subsec. (a). Pub. L. 86-624 substituted "outside any State" for "outside the continental limits of the United States, or a Territory, Commonwealth, or possession of the United States." 1959 Subsec. (b). Pub. L. 86-152 extended the authority to provide hospital and medical care for veterans who are United States citizens temporarily residing abroad to include those with peacetime service-incurred disabilities. Subchapter IV.-Hospital and Medical Care for Commonwealth of the Philippines Army Veterans § 632. Modification of agreement with the Republic of the Philippines effectuating the Act of July 1, 1948. The President, with the concurrence of the Republic of the Philippines, is authorized to modify the agreement between the United States and the Republic of the Philippines respecting hospitals and medical care for Commonwealth Army veterans (63 Stat. 2593) in either or both of the following respects: (1) To provide that in lieu of any grants being made after July 1, 1958, under section 631 of this title, the Administrator may enter into a contract with the Veterans Memorial Hospital, with the approval of the appropriate department of the Government of the Republic of the Philippines, under which the United States will pay for hospital care in the Republic of the Philippines of Commonwealth Army veterans determines by the Administrator to need such hospital care for service-connected disabilities. Such contract may be for a period of not more than 10 consecutive fiscal years beginning July 1, 1958, and shall provide for payments for such hospital care at a per diem rate to be jointly determined for each fiscal year by the two Governments to be fair and reasonable; but the total of such payments plus any payments for authorized travel expenses in connection with such hospital care shall not exceed $2,000,000 for any one fiscal year ending before July 1, 1963, nor $500,000 for any one fiscal year beginning on or after such date. In addition, such modified agreement may provide that, during the period covered by such contract, medical services for Commonwealth Army veterans determined by the Administrator to be in need thereof for service-connected disabilities shall be provided either in Veterans' Administration facilities, or by contract, or otherwise, by the Administrator in accordance with the conditions and limitations applicable generally to beneficiaries under section 612 of this title. In addition, such agreement may provide for the payment of travel expenses pursuant to section 111 of this title for Commonwealth Army veterans in connection with hospital care or medical services furnished them. Such agrement may also provide that during the contract period specified in paragraph (1) of this section, payments for hospital care and for medical services provided to Commonwealth Army veterans or to United States veterans may consist in whole or in part of available medicines, medical supplies, and equipment furnished by the Administrator to the Veterans Memorial Hospital at valuations therefor as determined by the Administrator. The Administrator is authorized to furnish through the revolving supply fund, pursuant to section 5011 of this title, such medicines, medical supplies, and equipment as necessary for this purpose and to use therefor, as applicable, appropriations available for such payments. (As amended Pub. L. 88-40, §§ 1, 2, June 13, 1963, 77 Stat. 66.) AMENDMENTS 1963-Pub. L. 88-40 substituted "ten consecutive fiscal years" for "five consecutive fiscal years", and placed a $500,000 ceiling on hospital payments for any fiscal year beginning on or after July 1, 1963, in par. (1), authorized provision in the agreement that during the contract period in par. (1), payments for care and services to Commonwealth Army veterans, or United States veterans may consist in whole or in part of medicines, supplies and equipment furnished by the Administrator to the Veterans Memorial Hospital at valuations determined by the Administrator, and authorized the Administrator to furnish medicines, supplies and equipment through the revolving supply fund pursuant to section 5011 of this title. Subchapter V.-Payments to State Homes § 641. Criteria for payment. (a) The Administrator shall pay each State at the per diem rate of $2.50 per diem for each veteran of any war cared for in a State home (whether or not he is receiving hospitalization or domiciliary care therein) in such State who is eligible for such care in a Veterans' Administration facility; however, such payment shall not be more, in any case, than one-half of the cost of such veteran's maintenance in such State home. (b) The amount payable on account of any State home pursuant to subsection (a) for any veteran cared for therein shall be reduced (1) by one-half of any amounts retained by such home from any payments of pension or compensation made to such veteran; and (2) unless the widows or wives of veterans of any war are admitted and maintained in such State home, by any other amounts collected in any manner from such veteran to be used for the support of such State home. No reduction shall be made under this subsection by reason of the retention or collection by a State home of any amounts from the estate of a deceased veteran if such amounts are placed in a post fund or other special fund and used for the benefit of the State home or its inhabitants in providing (A) educational, recreational, or entertainment facilities or activities; (B) operation of post exchanges; or (C) other activities or facilities for the benefit of the home or its inhabitants which are not specifically required by State law (including the cost of any necessary insurance to protect the property of such fund or any of its facilities). (As amended Pub. L. 86-625, July 12, 1960, 74 Stat. 424; Pub. L. 87-819, § 1, Oct. 15, 1962, 76 Stat. 935.) AMENDMENTS 1962 Subsec. (b). Pub. L. 87-819 provided that no reduction shall be made by the retention or collection by a State home of amounts from the estate of a deceased veteran if such amounts are placed in a post or other special fund for the benefit of the State home or its inhabitants in providing the benefits enumerated in clauses (A)—(C). 1960 Subsec. (a). Pub. L. 86-625 substituted "at the per diem rate of $2.50 per diem for each veteran" for "at the annual rate of $700.00 for each veteran." Chapter 19.-INSURANCE § 712. Total disability waiver. (d) In any case in which an insured has been denied or would have been denied premium waiver under section 602(n) of the National Service Life Insurance Act of 1940 or this section solely because he became totally disabled between the date of valid application for insurance and the subsequent effective date thereof, and in which it is shown that (1) the total disability was incurred in line of duty between October 8, 1940, and July 31, 1946, inclusive, or June 27, 1950, and April 30, 1951, inclusive, and (2) the insured remained continuously so totally disabled to the date of death or the date of enactment of this subsection, whichever is earlier, the Administrator may grant waiver of premiums from the beginning of and during the continuous total disability of such insured. Application for waiver of premiums under this subsection must be filed by the insured or, in the event of his death, by the beneficiary within two years after the date of enactment of this subsection, except that if the insured or the beneficiary be insane or a minor within the twoyear period, application for such waiver may be filed within two years after removal of such legal disability, or if an insane insured shall die before the removal of the disability, application may be filed by the beneficiary within two years after the insured's death. No insurance shall be placed in force under this subsection in any case in which there was an award of benefits under the Servicemen's Indemnity Act of 1951 or of gratuitous insurance under section 722 (b) of this title. The amount of insurance placed in force hereunder together with any other United States Government life insurance or national service life insurance in force at the time of death, or at the time of the insured's application for waiver hereunder, may not exceed $10,000 and shall be reduced by the amount of any gratuitous insurance awarded under the National Service Life Insurance Act of 1940. Waiver of premiums under this subsection shall render the insurance nonparticipating during the period such premium waiver is in effect. The cost of waiver of premium and death benefits paid as a result of this subsection shall be borne by the United States. (As amended Pub. L. 86-497, June 8, 1960, 74 Stat. 164.) REFERENCES IN TEXT The date of enactment of this subsection, referred to in subsec. (d), means the date of enactment of Pub. L. 86-497, which was approved on June 8, 1960. Section 602 (n) of the National Service Life Insurance Act of 1940, referred to in subsec. (d), was section 602(n) of act Oct. 8, 1940, ch. 757, title VI, pt. I., 54 Stat. 1009, which was repealed by Pub. L. 85-857, § 14(75), Sept. 2, 1958, 72 Stat. 1272, and is now covered by this section. The National Service Life Insurance Act of 1940, referred to in subsec. (d), is act Oct. 8, 1940, ch. 757, title VI, 54 Stat. 1008, which was repealed by Pub. L. 85-857, § 14(75), Sept. 2, 1958, 72 Stat. 1272, and is now covered by this subchapter. The Servicemen's Indemnity Act of 1951, referred to in subsec. (d), is act Apr. 25, 1951, ch. 39, part I, §§ 1-9, 63 Stat. 33-35, which was formerly classified to sections 851858 of this title, and was repealed by section 502(9) of act Aug. 1, 1956, ch. 837, title V, 70 Stat. 880, effective January 1, 1957. AMENDMENTS 1960 Subsec. (d). Pub. L. 86-497 added subsec (d). § 718. Assignments. (a) Assignments of all or any part of the beneficiary's interest may be made by a designated beneficiary to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured, when the designated contingent beneficiary, if any, joins the beneficiary in the assignment, and if the assignment is delivered to the Veterans' Administration before any payments of the insurance shall have been made to the beneficiary. However, an interest in an annuity, when assigned, shall be payable in equal monthly installments in such multiple of twelve as most nearly equals the number of installments certain under such annuity, or in two hundred and forty installments, whichever is the lesser. The provisions of this subsection shall not be applicable to insurance maturing on or after the date of enactment of this sentence. (b) Except as to insurance granted under the provisions of section 722(b) of this title, any person to whom insurance maturing on or after the date of enactment of this sentence is payable may assign all or any portion of his interest in such insurance to a widow, widower, child, father, mother, grandfather, grandmother, brother, or sister of the insured when the designated contingent beneficiary, if any, joins the beneficiary in the assignment. Such joinder shall not be required in any case in which the insurance proceeds are payable in a lump sum. (As amended Pub. L. 87-557, § 1, July 27, 1962, 76 Stat. 245.) REFERENCES IN TEXT The date of enactment of this sentence, referred to in subsecs. (a) and (b), means the date of enactment of Pub L. 87-557, which was approved on July 27, 1962. AMENDMENTS 1962-Subsec. (a). Pub. L. 87-557, § 1 (1), (2), designated existing provisions as subsec. (a), and inserted sentence making subsection inapplicable to insurance maturing on or after "the date of enactment of this sentence [July 27, 1962]." Subsec. (b). Pub. L. 87-557, § 1(3), added subsec. (b). § 722. Service disabled veterans' insurance. CROSS REFERENCES Assignment of insurance granted under subsec. (b) of this section excepted from general assignment provisions, see section 718(b) of this title. § 723. Veterans' special term insurance. (d) The Administrator shall determine the amount in the revolving fund referred to in subsection (a) of this section which is in excess of the actuarial liabilities of such fund including contingency reserves. Such excess shall be paid in cash as a special dividend, without interest, subject to the conditions provided in this subsection. The Administrator shall determine the administrative cost to the Veterans' Administration of paying such dividend, which cost shall be deducted from the excess and transferred to the appropriations "General operating expenses-Veterans' Administration". Insurance issued under section 621 of the National Service Life Insurance Act of 1940 or converted or exchanged under subsection (b) of this section, |