(c) Those private facilities for which the Administrator of Veterans' Affairs may deem it necessary and proper to contract, in order to provide hospital care (1) in emergency cases for persons suffering from injuries or diseases incurred or aggravated in line of duty in active military or naval service; (2) for women veterans of any war; (3) for veterans of any war in the territories and possessions. FRANKLIN D. ROOSEVELT. THE WHITE HOUSE, July 28, 1933. [No. 6234] EXECUTIVE ORDER VETERANS REGULATION NO. 10 (c) MISCELLANEOUS PROVISIONS By virtue of the authority vested in me under section 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. 10 and Veterans Regulation No. 10 (b) is hereby prescribed: 1. Paragraph X of Veterans' Regulation No. 10, as amended by Veterans Regulation No. 10 (b), is amended to read as follows: "X. No person holding an office or position, appointive or elective, under the United States Government, or the municipal government of the District of Columbia, or under any corporation, the majority of the stock of which is owned by the United States, shall be paid a pension, or emergency officers' retirement pay, so long as he continues to draw a salary from such employment, except (1) those receiving pension or emergency officers' retirement pay for disabilities incurred in combat with an enemy of the United States or for disabilities resulting from an explosion of an instrumentality of war in line of duty during an enlistment or employment as provided in Veterans Regulation No. 1 (a), Part I, paragraph I; (2) those persons so employed whose pension is protected by the provisions of the Act; however, the rate of pension as to this class shall not exceed $6 per month; (3) those unmarried persons whose salary or compensation for service as such employee is in an amount not in excess of $1,000 per annum, computed monthly, or any married person or any person with minor children whose salary or compensation for service as such employee is in an amount not in excess of $2,500 per annum, computed monthly; and (4) widows of veterans." 2. Veterans Regulation No. 10 is amended by adding a new paragraph to read as follows: "XXI. Any person entitled to monetary benefits under the provisions of title I, Public No. 2, 73d Congress, or section 20, Public No. 78, 73d Congress, may renounce his right thereto. The application renouncing the right shall be in writing over the person's signature and upon filing of such application, payment of monetary 81746°-34- -6 benefits and the right thereto shall be terminated and he shall be denied any and all rights thereto from date of receipt of such application by the Veterans' Administration. The renouncement provided for herein shall not preclude the person from filing a new application for pension at a future date but such application shall have the attributes of an original application and no payment will be made for any period prior to the date thereof." 3. The amendments contained in this regulation shall be effective as of the date of promulgation. FRANKLIN D. ROOSEVELT. THE WHITE HOUSE, January 19, 1934. [No. 6568] EXECUTIVE ORDER VETERANS REGULATION NO. 11 DISCLOSURE OF INFORMATION AND FURNISHING COPIES OF RECORDS WHEREAS, Section 7, Title I, of Public No. 2, 73d Congress, entitled "An Act To maintain the credit of the United States Government", provides: "The Administrator of Veterans' Affairs subject to the general direction of the President and in accordance with regulations to be issued by the President shall administer, execute, and enforce the provisions of this title and for such purpose shall have the same authority and powers as are provided in sections 425, 430, 431, 432, 433, 434, 440, 442, 443, 444, 447, 450, 451, 453, 455, 457, 458, 459, 459a, 459c, 459d, 459e, 459f, title 38, U.S.C., and such other sections of title 38, U.S.C., as relate to the administration of the laws granting pensions." NOW, THEREFORE, by virtue of the authority vested in me by_said law, the following regulation is hereby promulgated: I. All files, records, reports and other papers and documents pertaining to any claim, whether pending or adjudicated, shall be deemed confidential and privileged, and no disclosure thereof shall be made except as follows: (a) To a claimant or his duly authorized agent or representative as to matters concerning himself alone when, in the judgment of the Administrator of Veterans' Affairs, such disclosure would not be injurious to the physical or mental health of the claimant; (b) When required by process of a United States Court to be produced in any suit or proceeding therein pending or when such production is deemed by the Administrator of Veterans' Affairs to be necessary in any suit or proceeding brought under the World War Veterans' Act 1924, as amended; (c) When required by any Department or other agency of the United States Government; (d) In all proceedings in the nature of an inquest into the mental competency of a claimant; (e) In any judicial proceedings when in the judgment of the Administrator of Veterans' Affairs such disclosure is deemed necessary and proper; (f) The amount of pension of any beneficiary shall be made known to any person who applies for such information and the Administra tor, with the approval of the President, upon determination that the public interest warrants or requires, may, at any time and in any manner, publish any or all information of record pertaining to any claim; (g) The Administrator of Veterans' Affairs in his discretion may authorize an inspection of Veterans' Administration records by duly authorized representatives of recognized organizations. II. Any person desiring a copy of any record, paper, etc., in the custody of the Veterans' Administration, which may be disclosed under the above provisions, must make written application for same to the Veterans' Administration, stating specifically: (1) The particular record, paper, etc., à copy of which is desired and whether certified or uncertified; (2) The purpose for which such copy is desired to be used. The Administrator of Veterans' Affairs is authorized to fix a schedule of fees for copies and certifications of such records. FRANKLIN D. ROOSEVELT. PRESUMPTION OF ENTITLEMENT TO PENSIONS FOR SPANISH-WAR VETERANS AND CERTAIN WIDOWS, CHILDREN AND DEPENDENT PARENTS OF DECEASED WORLD WAR VETERANS. WHEREAS Section 4, Title I, of Public No. 2, 73d Congress entitled, "An Act To maintain the credit of the United States Government", provides: “The President shall prescribe by regulation (subject to the provisions of section 1 (e) of this title) the date of the beginning and of the termination of the period in each war subsequent to the Civil War, including the Boxer Rebellion and the Philippine Insurrection, service within which shall for the purposes of this Act be deemed war-time service. The President shall further prescribe by regulation the required number of days of war or peace-time service for each class of veterans, the time limit on filing of claims for each class of veterans and their dependents, the nature and extent of proofs and presumptions for such different classes, and any other requirements as to entitlement as he shall deem equitable and just. The President in establishing conditions precedent may prescribe different requirements or conditions for the veterans of different wars and their dependents and may further subdivide the classes of persons as outlined in section 1 of this title and apply different requirements or conditions to such subdivisions." AND WHEREAS, it is realized that veterans of the SpanishAmerican War, the Boxer Rebellion and the Philippine Insurrec 46 A new paragraph II added by Veterans Regulation No. 12 (a), effective March 27, 1934, which was canceled by Veterans Regulation No. 12 (b), effective March 28, 1934. tion, who have heretofore received a pension, having in mind the period of time which has elapsed since the cessation of hostilities, will be at a decided disadvantage in endeavoring to secure evidence showing that their injury or disease was incurred in line of duty in the active military or naval service: AND WHEREAS, it is realized that those widows, children or dependent parents of deceased veterans of the World War who have heretofore received_compensation under the presumptive provisions of the World War Veterans' Act, 1924, as amended, will likewise be at a disadvantage in endeavoring to secure evidence to show that the injury or disease from which the veteran died was incurred in the line of duty in the active military or naval service: NOW, THEREFORE, by virtue of the authority vested in me by said law the following regulation is hereby promulgated: I. Veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, and every widow, child or children, dependent father or mother of a deceased World War veteran who were in receipt of pension or compensation at the date of enactment of Public No. 2, 73d Congress, shall be entitled to continue to receive a pension under this Act at the rate being paid them on the date of enactment of Public No. 2, 73d Congress, it being presumed that the injury or disease causing the disability or death was incurred in the line of duty in the active military or naval service during either the Spanish-American War, including the Boxer Rebellion and Philippine Insurrection, or the World War, but such presumption shall be rebuttable and the Administrator of Veterans' Affairs is hereby authorized and directed to cause to be reviewed all such claims, and where on the basis of medical judgment or affirmative evidence it is determined that the injury or disease causing disability or death was not incurred in the line of duty in the active military or naval service, to discontinue payment of pension as of the last day of the calendar month during which such determination is made. THE WHITE HOUSE, March 31st, 1933. FRANKLIN D. ROOSEVELT. [No. 6100] EXECUTIVE ORDER " VETERANS REGULATION NO. 12 (a) PRESUMPTION OF ENTITLEMENT TO PENSIONS FOR SPANISH-WAR VETERANS AND CERTAIN WIDOWS, CHILDREN AND DEPENDENT PARENTS OF DECEASED WORLD WAR VETERANS 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, 47 Canceled by Veterans Regulation No. 12 (b), effective March 28, 1934. 73d Congress), the following regulation amending Veterans Regulation No. 12 is hereby prescribed: 1. Veterans Regulation No. 12 is hereby amended by adding a new paragraph (II) to read as follows: II. (a) Any veteran of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, who on or before March 19, 1933, was rated disabled as the result of wound, injury or disease under general pension laws in effect on or before March 19, 1933, and who was on the rolls on March 19, 1933, either under the general pension laws or public laws granting service pensions, shall from the date of this regulation and without further application be entitled to receive pension at the rate prescribed by Veterans Regulation No. 1 (a), Part I, and its amendments, and for this purpose the last rating for service connected disability in effect on or prior to March 19, 1933, shall be accepted. (b) Any veteran of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, who was on the rolls on March 19, 1933, and whose pension was reduced or discontinued as the result of Public Law Numbered 2, 73d Congress, shall from the date of this regulation to the date of decision by the Board of Veterans' Appeals and without further application, be entitled to receive 75 per centum of the payments being made on March 19, 1933: 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 Regulations issued pursuant to Public Law Numbered 2, 73d Congress, and notwithstanding the evidence may not clearly demonstrate the existence of the disease or any specific clinical findings within the terms of or period prescribed by Veterans Regulation No. 1, Part I, subparagraph (c), issued under Public Law Numbered 2, 73d Congress, shall in their decisions resolve all reasonable doubts in favor of the veteran, the burden of proof in such cases being on the Government: Provided further, That the Administrator of Veterans' Affairs is hereby authorized and directed to develop such cases by correspondence and investigation to the end that all available material evidence shall be secured and made a part of the claim before decision by the Board of Veterans' Appeals is rendered: Provided further, That this paragraph shall not apply to any case where the requirements pertaining to honorable discharge, misconduct, participation in, delimiting dates of, or period or length of service during the SpanishAmerican War, Boxer Rebellion or Philippine Insurrection, as prescribed under the regulations promulgated pursuant to Public Law Numbered 2, 73d Congress, are not met: Provided further, That in those cases where, as the result of review, war time service connection is granted by the Board of Veterans' Appeals under Veterans Regulation No. 1(a) or Veterans Regulation No. 12, paragraph I, or this paragraph, pension shall be payable effective July 1, 1933, at the rates provided by Veterans Regulation No. 1(a), Part I, and its amendments subject to deduction of the amount of pension paid for |