who has died after having been rated by the Veterans' Administration as totally disabled for ten consecutive years or more immediately before his death from disease or injury incurred or aggravated in World War I, the death of such veteran shall be conclusively presumed to be the result of such disease or injury. [H. R. 10046, 84th Cong., 2d sess.] A BILL To simplify and make more nearly uniform the laws governing the payment of compensation for service-connected disability or death, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-SHORT TITLE AND STATEMENT OF POLICY SHORT TITLE SEC. 101. This Act may be cited as the "Veterans Compensation Act of 1955". STATEMENT OF POLICY SEC. 102. It is the intent of the Congress in enacting this legislation (a) to simplify and make more nearly uniform the extensive body of existing legislation authorizing and governing the payment of compensation for service-connected disability or death to persons who served in the military, naval, or air service of the United States during a period of war or armed conflict or during peacetime service, and to their surviving widows, children, and dependent parents; (b) to incorporate in one Act, insofar as practicable, the provisions of law relating to compensation and the ancillary benefits of financial assistance for specially adapted housing and automobiles to certain disabled veterans; and (d) to repeal those provisions of law relating to such benefits which are obsolete, executed, or in conflict with the provisions of this Act. TITLE II-DEFINITIONS SEC. 201. For the purposes of this Act (a) The term "Administrator" means the Administrator of Veterans' Affairs; (b) The term "military, naval, or air service" means service in the United States Army, Navy, Air Force, Marine Corps, or Coast Guard (on or after January 28, 1915), including the reserve components thereof. (c) The term "veteran" means a person who served in the active military, naval, or air service and who was separated therefrom under conditions other than dishonorable, or who died during such service. (d) The term "period of war" means any of the following periods: (1) Spanish-American War, including the Philippine Insurrection and the Boxer Rebellion: April 21, 1898, through July 4, 1902. If the veteran was serving with the United States military forces engaged in the hostilities in the Moro Province, the foregoing period shall be extended through July 15, 1903; (2) World War I: April 6, 1917, through November 11, 1918. Where there was service after November 11, 1918, which commenced on or before that date, the war period shall be extended through July 1, 1921. If the veteran was serving with the United States military forces in Russia, the foregoing period ending November 11, 1918, shall be extended through April 1, 1920. Service prior to July 2, 1921, in a reenlistment on or after November 12, 1918, and prior to July 2, 1921, where there was prior service between April 6, 1917, and November 11, 1918, shall be considered World War I service; (3) World War II: December 7, 1941, through December 31, 1946. Where there was service after December 31, 1946, which commenced on or before that date, the war period shall be extended through July 25, 1947; (4) Korean conflict: June 27, 1950, through January 31, 1955; (5) The period beginning with any future declaration of war by the Congress and terminating on a date fixed by Presidential proclamation or concurrent resolution of the Congress. (e) The term "widow" means a woman (1) who was married to the deceased veteran prior to the expiration of ten years subsequent to his separation from the period of service during which the injury or disease, on account of which claim is being filed, was incurred or aggravated, or (2) who was married to the deceased veteran for ten or more years prior to the date of his death; and who lived with him continuously from the date of marriage to the date of his death, except where there was a separation which was due to the misconduct of or procured by the veteran without the fault of the woman, and who has not remarried; (f) The term "child" means a person who is unmarried, and— (1) who is under the age of eighteen years, or (2) who, prior to reaching the age of eighteen years, becomes or has become permanently incapable of self-support by reason of mental or physical defect, or (3) who, after reaching the age of eighteen years and until completion of education or training (but not after reaching the age of twenty-one years), is or may hereafter be pursuing a course of instruction at a school, college, academy, seminary, technical institute, or university, particularly designated by him and approved by the Administrator, which shall have agreed to report to the Administrator the termination of attendance of such child, and if any such institution of learning fails to make such report promptly the approval shall be withdrawn. and who is a legitimate child; a child legally adopted; a stepchild if a member of the veteran's household; or an illegitimate child but as to the father, only if acknowledged in writing, signed by him, or if he has been judicially ordered or decreed to contribute to the child's support or has been, prior to his death, judicially decreed to be the putative father of such child, or if he is otherwise shown by evidence satisfactory to the Administrator to be the putative father of such child; (g) (1) The term "parent" means a father, mother, father through adoption, mother through adoption, and persons who have stood in loco parentis to a veteran at any time prior to entry into active service, for a period of not less than one year. Not more than one father and one mother shall be recognized in any case, and preference shall be given to such father and mother who actually exercised parental relationship at the time of, or most nearly prior to, the date of entry into active service by the veteran. (2) The dependency of a parent, which may arise either prior or subsequent to the death of the veteran, shall be determined in accordance with regulations prescribed by the Administrator: Provided, That the dependency of a parent shall not be denied solely because of remarriage: Provided further, That the dependency of a parent shall not be denied in any case where the monthly income for a mother or father, not living together, does not exceed $105, or where the monthly income for a mother and father, living together, does not exceed $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under moral or legal obligation to support, as determined by the Administrator. In determining monthly income, any payments by the United States Government because of disability or death under laws administered by the Veterans' Administration shall not be considered. (h) The term "chronic disease" includes Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemmorrhage Brain thrombosis Bronchiectasis Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Administrator may add to this list; (i) The term "tropical disease" includes and such other tropical diseases as the Administrator may add to this list. TITLE III-COMPENSATION FOR SERVICE-CONNECTED PART I-WARTIME DISABILITY COMPENSATION BASIC ENTITLEMENT SEC. 301. For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as hereinafter provided in this part, but no compensation shall be paid if the disability is the result of the veteran's own willful misconduct. PROVISIONAL ACCEPTANCE SEC. 302. Any person, who, on or after April 6, 1917, and prior to November 12, 1918, (a) applied for enlistment or enrollment in the active military, naval, or air service and was provisionally accepted and directed or ordered to report to a place for final acceptance into such service, or (b) was drafted for military, naval, or air service and after reporting pursuant to the call of his local draft board and prior to rejection, or (c) after being called into the Federal service as a member of the National Guard but before being enrolled for the Federal service, suffered an injury or contracted a disease in line of duty and not the result of his own misconduct, will be considered to have incurred such disability in the active military, naval, or air service. Such person and his dependents will be entitled to compensation provided by this title for veterans of World War I and their dependents. PRESUMPTIONS SEC. 303. For the purposes of section 301 hereof, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed prior to acceptance and enrollment and was not aggravated by such service. SEC. 304. For the purposes of section 301 hereof, and subject to the provisions of section 305 hereof, in the case of any veteran who served for ninety days or more during a period of war (a) a chronic disease becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service; (b) a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service; (c) active tuberculous disease developing a 10 per centum degree of disability or more within three years from the date of separation from such service; (d) multiple sclerosis developing a 10 per centum degree of disability or more within two years from the date of separation from such service; shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service. SEC. 305. (a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases within the purview of section 304 hereof, has been suffered between the date of separation from service and the onset of any of such diseases, or the disability is due to the veteran's own misconduct, service connection pursuant to section 304 hereof will not be in order. (b) Nothing in section 304 or subsection (a) of this section shall be construed to prevent the granting of service connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service. RATES SEC. 306. For the purposes of section 301 of this Act (a) if and while the disability is rated 10 per centum the monthly compensation shall be $17; (b) if and while the disability is rated 20 per centum the monthly compensation shall be $33; (c) if and while the disability is rated 30 per centum the monthly compensation shall be $50; (d) if and while the disability is rated 40 per centum the monthly compensation shall be $66; (e) if and while the disability is rated 50 per centum the monthly compensation shall be $91; (f) if and while the disability is rated 60 per centum the monthly compensation shall be $109; (g) if and while the disability is rated 70 per centum the monthly compensation shall be $127; (h) if and while the disability is rated 80 per centum the monthly compensation shall be $145; (i) if and while the disability is rated 90 per centum the monthly compensation shall be $163; (j) if and while the disability is rated as total the monthly compensation shall be $181; (k) if the veteran, as the result of service-incurred disability, has suffered the anatomical loss or loss of use of a creative organ, or one foot, or one hand, or blindness of one eye, having only light perception, the rate of compensation therefor shall be $47 per month independent of any other compensation provided in subsections (a) through (j) of this section; and in the event of anatomical loss or loss of use of a creative organ, or one foot, or one hand, or blindness of one eye, having only light perception, in addition to the requirement for any of the rates specified in subsections (1) through (n) of this section, the rate of compensation shall be increased by $47 per month for each such loss or loss of use, but in no event to exceed $420 per month; (1) if the veteran, as the result of service-incurred disability, has suffered the anatomical loss or loss of use of both hands, or both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or permanently bedridden or so helpless as to be in need of regular aid a attendance, the monthly compensation shall be $279; (m) if the veteran, as the result of service-incurred disability, has suffer the anatomical loss or loss of use of two extremities at a level, or with co plications, preventing natural elbow or knee action with prosthesis in pla or has suffered blindness in both eyes, rendering him so helpless as to be need of regular aid and attendance, the monthly compensation shall be $32 (n) if the veteran, as the result of service-incurred disability, has suffere the anatomical loss of two extremities so near the shoulder or hip as to preven the use of a prosthetic appliance or has suffered the anatomical loss of both eyes, the monthly compensation shall be $371; (o) if the veteran, as the result of service-incurred disability, has suffered disability under conditions which would entitle him to two or more of the rates provided in one or more of subsections (1) through (n) of section 306, no condition being considered twice in the determination, or has suffered total deafness in combination with total blindness with 5/200 visual acuity or less, the monthly compensation shall be $420: (p) in the event the veteran's service-incurred disabilities exceed the requirements for any of the rates prescribed herein, the Administrator, in his discretion, may allow the next higher rate or an intermediate rate, but in no event in excess of $420; and (q) if the veteran is shown to have had a service-incurred disability resulting from an active tuberculosis disease, which disease in the judgment of the Administrator has reached a condition of complete arrest, the monthly compensation shall be not less than $67. SEC. 307. (a) Any veteran entitled to compensation at the rates provided in section 306 of this Act, and whose disability is rated not less than 50 per centum, shall be entitled to additional compensation for dependents in the following monthly amounts: (1) If and while rated totally disabled and (a) has a wife but no child living, $21; (b) has a wife and one child living, $35; (c) has a wife and two children living, $45.50; (d) has a wife and three or more children living, $56; (e) has no wife but one child living, $14; (f) has no wife but two children living, $24.50; (g) has no wife but three or more children living, $35; and (h) has a mother or father, either or both dependent upon him for support, then, in addition to the above amounts, $17.50 for each parent so dependent. (2) If and while rated partially disabled, but not less than 50 per centum, in an amont having the same ratio to the amount specified in subsection (1) hereof as the degree of his disability bears to total disability. (b) The additional compensation for a dependent or dependents provided by this section shall not be payable to any veteran during any period he is in receipt of an increased rate of subsistence allowance or education and training allowance on account of a dependent or dependents under any other law administered by the Veterans' Administration. The veteran may elect to receive whichever is the greater. PART II-WARTIME DEATH COMPENSATION BASIC ENTITLEMENT SEC. 311. The surviving widow, child or children, and dependent parent or parents of any veteran who died as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in section 312. RATES SEC. 312. The monthly rates of death compensation shall be as follows: (b) Widow with one child, $121 (with $29 for each additional child); |