any period subsequent to June 30, 1933: Provided further, That the provisions of the regulations promulgated under Public Law Numbered 2, 73d Congress, pertaining to Federal employees, hospitalized cases, and beneficiaries residing outside the continental limits of the United States, shall be applicable to those persons entitled to pension under the foregoing provisions of this subparagraph. 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, 73d Congress), the following regulation amending Veterans Regulation No. 12 (a) is hereby prescribed: 1. Veterans Regulation No. 12 (a) is hereby cancelled effective March 28, 1934. SUBJECT: COMPENSATION GRANTED TO WIDOWS AND CHILDREN OF PERSONS WHO DIED WHILE RECEIVING BENEFITS FOR DISABILITIES DIRECTLY INCURRED IN OR AGGRAVATED BY SERVICE IN THE WORLD WAR For the purposes of Public, No. 484, 73d Congress, the following Regulations are hereby issued: ELEMENTS OF TITLE 1. Benefits are authorized and payable to the surviving widow, child, or children of any deceased person who served with the United States military or naval forces in the World War before November 12, 1918, or if service was in Russia, before April 2, 1920. 2. The cause of death is immaterial, if not due to misconduct, but benefits may be paid only where the veteran was receiving or entitled to receive at the time of his death, compensation, pension, or retirement pay for a disability of 30 per centum or more, directly incurred in or aggravated by service rendered prior to July 2, 1921. 3. The existence of the directly service-connected disease or injury must have been established to the satisfaction of the Veterans' Administration prior to the date of the veteran's death, but the determination of a 30 per centum disability, resulting from such disease or injury, may be based upon evidence filed subsequent to death, and the proof of 30 per centum or more disability must be filed within three years from the date of death or from June 28, 1934, whichever is the later date: Provided, That a disease or injury or an aggravation thereof will be considered as having been established to the satisfaction of the Veterans' Administration where the evidence of record in the Veterans' Administration or in the War or Navy Departments, prior to the veteran's death, shows the existence of such disease or injury and as having been directly incurred in or aggravated by service. No benefits under this act shall be payable by invoking any statutory or regulatory presumption. Diseases listed in Instruction 2, Veterans Regulation 1, Public 2, 73d Congress, will be classified as directly service connected when the principles of that instruction and Paragraph 1-c, Part 1, Veterans Regulation 1 (a), Public 2, 73d Congress, are applicable. An existing rating of 30 per centum or more shall not include rating of temporary total granted solely by reason of hospitalization or treatment. 4. In the case of any deceased person who served in the World War in which an existing rating of 30 per centum or more has been established by a proper rating agency based on a directly service connected disease or injury, as defined in paragraph three hereof, such rating will be assumed to be correct except for fraud, clear or unmistakable error as to conclusions of fact or law, or misrepresentation of a material fact, regardless of the particular rating schedule under which evaluated, and will be accepted as having established service connection and degree of disability sufficient to constitute title to compensation in the widow, child or children of the deceased, in accordance with the provisions of the Act of June 28, 1934. 5. In any case where a deceased person who served in the World War was receiving or entitled to receive at the date of death compensation, pension, or retirement pay for less than a 30 per centum disability directly incurred in or aggravated by service in the World War, as defined in paragraph three hereof, and proof of a 30 per centum disability or more at date of death has been filed not later than three years subsequent to June 28, 1934, or the date of death, whichever is the later, the requisite degree of disability of 30 per centum or more will be evaluated in accordance with the Schedule of Disability Ratings, 1925, and extensions thereto, or the Schedule for Rating Disabilities, 1933, second edition, whichever provides the higher rating for the disease or injury evaluated. In such cases, the burden of proof shall be upon the claimant to show that the 30 per centum disability required existed at the date of death. 6. The requirements as to discharge must conform to section 23 of the World War Veterans' Act, 1924, as amended (sec. 447, U.S. Code). 7. Exemption from the payment of Federal income tax for the preceding year is a requisite to title to compensation in any person under this Act. 8. The term " person who served" includes both men and women commissioned, enrolled, enlisted, or drafted, who were finally accepted for active service, including members of training camps authorized by law, and such other persons as have been heretofore recognized by statute as having a pensionable status. 9. The term " widow" is defined as a person who was married to the veteran prior to July 3, 1931, and who has not remarried. 10. The term "child means: (1) A person unmarried and under the age of 18 years. (2) A child who is over 18 who prior to reaching that age becomes or has become permanently incapable of selfsupport by reason of mental or physical defect. (3) A legally adopted child. (4) A stepchild, if a member of the veteran's household at the time of his death. (5) 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 such child's support or has been judicially decreed to be the putative father of such child. 11. Payment of compensation shall be continued after the age of eighteen years and until completion of education or training (but not after such child reaches the age of twenty-one years), to any child who 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. RATES OF COMPENSATION AND DATES OF COMMENCEMENT 12. A claim for compensation based on Public, No. 2, 73d Congress, and the Veterans Regulations, or a claim based on Public, No. 141, 73d Congress, on account of the death of a veteran from a directly service connected disability, will be accepted as a claim under this Act. 13. In those cases in which no claim has been filed, Veterans' Administration form, P-5, "Application for Pension by Widow and/or Child of a Veteran Who Died of a Disease or Injury Not the Result of Service in the Active Military or Naval Forces of the United States ", will be used, but an informal claim filed subsequent to June 28, 1934, will be accepted to fix the date of commencement where death occurred on or after June 28, 1934. 14. (a) In those cases in which death of the person who served occurred prior to June 28, 1934, payment of compensation under this Act will be effective on June 28, 1934, date of approval of the Act. (b) In those cases wherein death of the person who served occurs on or subsequent to June 28, 1934, payment of compensation under this Act shall be made from the date of filing application in the Veterans' Administration. 15. The monthly rates of compensation payable are: (a) Widow, but no child, $22 per month. (b) Widow and one child, $30 per month. (c) Widow and two children, $34 per month. ($4.00 per month additional for each additional child, the total amount payable not to exceed $56.00). (d) No widow, but one child, $15 per month. 8 (e) No widow, but two children, $22 per month (equally divided). (f) No widow, but three children, $30 per month (equally divided). (g) $3.00 per month additional for each additional child, total equally divided, the total amount payable not to exceed $56.00. (h) Where compensation is payable to a widow and children not in her care and custody, apportionment will be made as in Veterans Regulation No. 6, Instruction 4, Paragraph 2 (b), namely: Widow, $17.00; child, $13.00; each additional child, $4.00. In cases where there is more than one child, the total amount apportioned to them will be equally divided. The total amount payable may not exceed $56.00. So far as applicable, the other provisions of Instruction 4, Veterans Regulation No. 6, will be observed in the apportionment of compensation under this act. 16. Claims now on file or hereafter filed in which benefits are claimed or payable by virtue of the Act of June 28, 1934, will be forwarded for adjudication to the Widows' and Dependents' Claims Service, Central Office. JULY 2, 1934. FRANK T. HINES, Administrator of Veterans' Affairs. INDEX TO LAWS A Administrator of Veterans' Affairs: Authority of; sections of World War Pub. 2, Title I, Secs. 7, 8. Veterans' Act, retained. Decisions by; finality of.. Appeal from decisions of Special Review Application for benefits; filing of; action on.. Aid to State or Territorial homes for Pub. 2, Title I, Sec. 5. Pub. 2, Title I, Sec. 9. Pub. 78 and Pub. 141, Title I. Amount $10,000 available for experi- Pub. 141, Title I. Available for maintaining certain neuro- Attorney General, United States, authority Authority for Pub. 78 and Pub. 141, Title I. Pub. 78. Pub. 78. Pub. 2, Title I, Sec. 9. Pub. 2, Title I, Sec. 17. Pub. 2, Title I, Sec. 18; Pub. 141, Title III, Sec. 32. Pub. 2, Title I, Sec. 17. Pub. 141, Title III, Sec. 26. Pub. 2, Title I, Sec. 17. Payment or reimbursement, upon death Pub. 78, Sec. 20. Claims: prior to March 20, 1933. C Application; filing; action on. False statements under oath constitutes President prescribes requirements estab- Review of, where payments were being Note-Public Laws listed herein are all 73d Congress. 88 Pub. 2, Title I, Sec. 9. Pub. 2, Title I, Sec. 12. Pub. 2, Title I, Sec. 4. Pub. 2, Title I, Sec. 17. |