service prior to the cessation of hostilities and shall have served continuously thereafter for ninety days. A period of continuous active service for ninety days which commenced prior to, and extended into a period of hostilities as defined by Part I, shall be considered as meeting the service requirements of Part III. (e) Except as provided in paragraph I (g) hereof, no pension shall be payable under Part III for permanent disability less than total. A permanent total disability shall be taken to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation and where it is reasonably certain that such impairment will continue throughout the life of the disabled person. Notwithstanding this definition the Administrator of Veterans' Affairs is hereby authorized to classify as permanent and total those diseases and disorders, the nature and extent of which in his judgment is such as to justify such a determination.18 (1) The amount of pension payable under the terms of Part III shall be $30 monthly: Provided, That (g) Any veteran of the Spanish-American War over sixty-two years of age, (1) who meets the other requirements of Part III, or (2) who was on the pension rolls March 20, 1933, shall be entitled to receive a pension in the amount of $15.00 monthly, except that under (2), the pension being paid to the veteran on March 20, 1933, shall be continued in the same amount if it was less than $15.00 per month.19 II. (a) Payment of pension provided by Part III, except as provided in paragraph I (g) shall not be made to any unmarried person whose annual income exceeds $1,000, or to any married person or any person with minor children whose annual income exceeds $2,500. (b) Whenever the income of any beneficiary to whom pension has been allowed under Part III exceeds the amount specified in this paragraph, the award of pension shall be discontinued. (c) Whenever it may be considered to be necessary for the purpose of this paragraph, the Veterans' Administration may require from any beneficiary under Part III such information, proofs or evidence as may be desired in order to determine the annual income of such beneficiary. III. (a) The surviving widow and/or child or children of any deceased person who served in the active military or naval service during either the Spanish-American War, the Boxer Rebellion or the Philippine Insurrection, and whose service therein was as defined by Part III, paragraph I hereof, shall be entitled to receive a pension at the monthly rates specified next below: Widow but no child_. Widow and one child_. (with $3 monthly for each additional child) No widow but one child_ No widow but two children_ $15 20 12 15 (equally divided) 20 (equally divided) (with $2 monthly for each additional child; total amount to be equally divided) 18 Subparagraph (e), paragraph I, Part III, amended by Veterans Regulation No. 1 (b). 19 A new subparagraph (h) was added to paragraph I, Part III, by Veterans Regulation No. 1 (b), which was further amended by Veterans Regulation No. 1 (c). (b) The total pension payable under this paragraph shall not exceed $27.00 monthly. Where such benefits would otherwise exceed $27.00 monthly, the amount of $27.00 may be apportioned as the Administrator of Veterans' Affairs may prescribe. PART IV COMBINING OF PENSIONS I. The Administrator of Veterans' Affairs is hereby authorized and directed to provide for the combination of ratings and to pay pension at the rates prescribed by Veterans Regulation No. 1 (a), Part I, to those veterans who had war time service as defined in Veterans Regulation No. 1 (a), Paragraph I (a), and peace time service as defined in Part II, Paragraph I (a) thereof, who have suffered disability in line of duty in each period of service. II. The Administrator of Veterans' Affairs is hereby further authorized and directed to provide that for the purpose of determining whether a veteran is suffering from permanent and total disability as defined in Part III, Veterans Regulation No. 1 (a), ratings for disabilities incurred in active military or naval service and in line of duty may be combined with ratings for disabilities which are not shown to have been incurred in active military or naval service: Provided, That in those cases in which the veteran, by virtue of the above provision, is found to be entitled to a pension under Part III of Veterans Regulation No. 1 (a), and is entitled to a pension under Part I or Part II of Veterans Regulation No. 1 (a), the Administrator of Veterans' Affairs is authorized and directed to pay to the veteran the greater benefit.20 FRANKLIN D. ROOSEVELT. THE WHITE HOUSE, [No. 6156] EXECUTIVE ORDER VETERANS REGULATION NO. 1 (b) ENTITLEMENT TO PENSIONS WHEREAS, Section 1, Title I, of Public No. 2, 73d Congress, entitled "An Act To maintain the credit of the United States Government", provides: "That subject to such requirements and limitations as shall be contained in regulations to be issued by the President, and within the limits of appropriations made by Congress, the following classes of persons may be paid a pension: (a) Any person who served in the active military or naval service and who is disabled as a result of disease or injury or aggravation of a preexisting disease or injury incurred in line of duty in such service. (b) Any person who served in the active military or naval service during the Spanish-American War, 20 A new Part V added by Veterans Regulation No. 1 (d), effective March 27, 1934, which was canceled effective March 28, 1934, by Veterans Regulation No. 1 (e). including the Boxer Rebellion and the Philippine Insurrection, or the World War, and who is permanently disabled as a result of injury or disease: Provided, That nothing contained in this title shall deny a pension to a SpanishAmerican War veteran past the age of sixty-two years entitled to a pension under existing law, but the President may reduce the rate of pension as he may deem proper. (c) The widow, child, or children, dependent mother or father, of any person who dies as a result of disease or injury incurred or aggravated in line of duty in the active military or naval service. (d) The widow and/or child of any deceased person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection. (e) For the purpose of subparagraph (b) of this section, the World War shall be deemed to have ended November 11, 1918." AND WHEREAS, Section 20, of Public No. 78, 73d Congress, entitled "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 ", provides in part: * * Notwithstanding any of the provisions of Public Law Numbered 2, Seventy-third Congress, any veteran of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, who served ninety days or more, was honorably discharged from the service, is fifty-five years of age or over, is 50 per centum disabled, and in need as defined by the President, shall be paid a pension of not less than $15 per month." NOW, THEREFORE, by virtue of the authority vested in me by said laws, Veterans Regulation No. 1 (a) is amended as hereinafter provided: 1. Veterans Regulation No. 1 (a), Part III, paragraph I (e), hereby amended to read as follows: is (e) Except as provided in subparagraphs (g) and (h) of paragraph I hereof, no pension shall be payable under Part III for permanent disability less than total. A permanent total disability shall be taken to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation and where it is reasonably certain that such impairment will continue throughout the life of the disabled person. Notwithstanding this definition the Administrator of Veterans' Affairs is hereby authorized to classify as permanent and total those diseases and disorders, the nature and extent of which in his judgment is such as to justify such a determination. 2. Veterans Regulation No. 1 (a), Part III, paragraph I, is hereby amended by adding a new subparagraph (h) to read as follows: (h) Any veteran of the Spanish-American War, including the Boxer Rebellion and Philippine Insurrection, fifty-five years of age or over, who is 50 per centum disabled, and who meets the other requirements of Part III shall be paid a pension of not less than $15 per month.21 FRANKLIN D. ROOSEVELT. EXECUTIVE ORDER VETERANS REGULATION NO. 1 (c) ENTITLEMENT TO PENSIONS By virtue of the authority vested in me under section I of title I of the act entitled "An Act To maintain the credit of the United States Government", approved March 20, 1933 (Public No. 2, 73d Congress), the following regulation amending Veterans Regulation No. 1 (a) and Veterans Regulation No. 1 (b) is hereby prescribed: 1. Paragraph II, subparagraphs (a) to (j) of Part I of Veterans Regulation No. 1 (a) is amended to read as follows: "(a) If and while the disability is rated 10 per centum the monthly pension shall be $10.00. "(b) If and while the disability is rated 20 per centum the monthly pension shall be $20.00. "(c) If and while the disability is rated 30 per centum the monthly pension shall be $30.00. "(d) If and while the disability is rated 40 per centum the monthly pension shall be $40.00. "(e) If and while the disability is rated 50 per centum the monthly pension shall be $50.00. “(f) If and while the disability is rated 60 per centum the monthly pension shall be $60.00. "(g) If and while the disability is rated 70 per centum the monthly pension shall be $70.00. "(h) If and while the disability is rated 80 per centum the monthly pension shall be $80.00. "(i) If and while the disability is rated 90 per centum the monthly pension shall be $90.00. "(j) If and while the disability is rated as total the monthly pension shall be $100.00." 2. Part II of Veterans Regulation No. 1 (a) is hereby amended by adding a new paragraph to read as follows: "IV. The surviving widow of any deceased person who died as a result of injury or disease incurred in or aggravated by active Coast Guard, military or naval service, in line of duty, who was on March 20, 1933, being paid, except by fraud, mistake or misrepresentation, a pension under general or service pension laws at a rate in excess of the rate authorized under Veterans Regulation No. 1 (a), Part II, paragraph III shall hereafter until death or remarriage be entitled to be paid a pension at the rate authorized under the prior general law but not more than $30.00 per month." 3. Paragraph I, subparagraph (a) of Part III of Veterans Regulation No. 1 (a) is amended to read as follows: "(a) Any person who served in the active military or naval service, for a period of ninety days or more, during either the SpanishAmerican War, the Boxer Rebellion, the Philippine Insurrection, or the World War, and who has been honorably discharged therefrom, or who, having served less than ninety days, was discharged for disability incurred in the service in line of duty, who is shown to have been in active service therein before the cessation of hostilities shall be entitled to receive a pension for permanent total disability not the result of his misconduct and which is not shown to have been incurred in any period of military or naval service: Provided, That-" 4. Paragraph I, subparagraph (h) of Part III of Veterans Regulation No. 1 (a), as amended by Veterans Regulation No. 1 (b), is amended to read as follows: "(h) Any veteran of the Spanish-American War, Boxer Rebellion or Philippine Insurrection who is 50 per centum disabled, and who meets the other requirements of Part III shall be paid a pension of not less than $15.00 per month." 5. The amendments contained in this regulation shall be effective as of the date of promulgation. FRANKLIN D. ROOSEVELT. By virtue of the authority vested in me under sections 1 and 4 of title I of the Act entitled "An Act To maintain the credit of the United States Government ", approved March 20, 1933, (Public No. 2, 73d Congress), the following regulation amending Veterans Regulation No. 1 (a) is hereby prescribed: I. Veterans Regulation No. 1 (a) is hereby amended by adding a new part (V) to read as follows: PART V I. In all cases disallowed by the Special Boards of Review authorized under Section 20 of Public Law Numbered 78, 73d Congress, 75 per centum of the payments being made on March 19, 1933, shall be paid from the date of this regulation to the date of decision by the Board of Veterans' Appeals: Provided, That the Board of Veterans' Appeals is hereby authorized and directed to review all such cases at the earliest practicable date: Provided further, That the provisions of Veterans Regulation No. 2 (a), Part III, shall be generally applicable for such review, and particularly the Board of Veterans' Appeals shall determine on all available evidence the question of whether service connection shall be granted under the provisions of Veterans 22 Canceled, effective March 28, 1934, by Veterans Regulation No. 1 (e). |