person, issue an order requiring such corporation or other person to appear before the Administrator or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Any person so required to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States. SEC. 431. The Administrator is authorized to detail from time to time em-. ployees of the Veterans' Administration to make examinations into the merits of claims for benefits of the laws administered by the Veterans' Administration, whether pending or adjudicated, and to aid claimants in the preparation or presentation of their claims, and to make investigations concerning any matter under the jurisdiction of the Veterans' Administration; and any such person so detailed shall have power to administer oaths, affirmations, take affidavits, and certify to the correctness of papers and documents pertaining to any law which the Veterans' Administration is charged with administering, and any such oath, affirmation or affidavit administered or taken by or before such employee when certified under his hand and authenticated by the seal of the Veterans' Administration may be offered in evidence or used in any court of the United States and shall have like force and effect as if administered or taken before a clerk of such court without further proof of the identity or authenticity of such employee. SEC. 432. That section 8 of the World War Veterans' Act, 1924, as amended, Forty-third Statutes at Large, page 609 (U. S. C., title 38, secs. 431 and 432), Twenty-second Statutes at Large, page 175 (U. S. C., title 38, secs. 121 and 124), and Twenty-sixth Statutes at Large, page 1083 (U. S. C. title 38, sec. 122), are hereby repealed and any other Acts or parts of Acts in conflict or inconsistent with the provisions of sections 430, 431, and 432 of this Act are hereby repealed to the extent of such conflict or inconsistency: Provided, That the repeal of laws as provided by this section shall not affect any act done or right or liability accrued, but all such rights and liabilities under said laws shall continue and may be enforced in the same manner as if said repeal had not been made, and all offenses committed and all penalties incurred under such repealed laws may be prosecuted and published in the same manner and with the same effect as if paid repeal had not been made. SEC. 433. The Administrator of Veterans' Affairs subject to the general direction of the President and in accordance with the provisions of this Act 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, 433, 434, 440, 442, 443, 444, 447, 451, 453, 455, 457, 458, 459, 459a, 4590, title 38, United States Code, and such other sections of title 38, United States Code, as relate to the administration of the laws providing relief to veterans and their dependents. SEC. 434. The provisions of section 10 of the Act of July 3, 1930 (46 Stat. 995; sec. 459f, title 38, U. S. C.), are hereby continued in full force and effect. SEC. 435. Section 109 of the Act of March 4, 1909 (35 Stat. 1107-08; sec. 198, title 18, U. S. C.), is hereby amended to read as follows: "SEC. 109. Whoever, being an officer of the United States, or a person holding any place of trust or profit, or discharging any official function under, or in connection with, any executive department of the Government of the United States, or under the Senate or House of Representatives of the United States, shall act as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, shall aid or assist in the prosecution or support of any such claim, or receive any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall be fined not more than $5,000, or imprisoned not more than one year, or both: Provided, That for the purposes of this section it shall not be deemed a discharge of his proper official duties for any officer or person as described in this section to represent any claimant before any official or group of the Veterans' Administration or the Board of Veterans' Appeals concerning any claim under their jurisdiction: Provided, however, That the status of any claim shall be furnished by the Veterans' Administration or the Board of Veterans' Appeals upon request of a Member of Congress, subject to the provisions of laws governing disclosure of information from the records of the Veterans' Administration, only where he furnishes evidence satisfactory to the Veterans' Administration or the Board of Veterans' Appeals that the information is requested in the interest of the claimant and that he represents such claimant." TITLE V. APPEALS SEC. 500. There is hereby created an establishment of the Government to be known as the Board of Veterans' Appeals, located in Washington, District of Columbia, which shall be independent of the executive departments and under the control and management of a Chairman who shall be directly responsible to the President of the United States. SEC. 501. The Board of Veterans' Appeals shall be composed of a Chairman, a Vice Chairman, and not to exceed 30 associate members of whom not more than one-half shall be adherents of the same political party. SEC. 502. All members of the Board of Veterans' Appeals shall be appointed by the President, by and with the advice and consent of the Senate. SEC. 503. The Chairman shall receive the salary of $12,000 per annum, the Vice Chairman, $11.000 per annum, and each associate member, $10,000 per annum, the salaries of all members of the Board to be paid monthly. SEC. 504. All members of the Board of Veterans' Appeals, except as hereinafter provided, shall hold office for ten years and shall be eligible for reappointment. SEC. 505. Any member of the Board of Veterans' Appeals may be removed only by impeachment. SEC. 506. The Chairman, Vice Chairman, associate members, General Counsel, and legal assistants shall each have the right to elect whether he shall be subject to the Act of July 3, 1926 (44 Stat. 904-913; secs. 691-738, title 5, U. S. C.), and amendments thereto: Provided, That in no event shall any such person be retained in office after he shall have attained the age of seventy years. SEC. 507. All books, records, documents, papers, furniture, office equipment, and other property in use by the present Board of Veterans' Appeals as now constituted shall be the property of the Board of Veterans' Appeals created by this Act. SEC. 508. The Chairman is hereby authorized to employ a General Counsel, legal assistants, and such other employees as may be necessary to the efficient conduct of the Board of Veterans' Appeals. All such employees except the General Counsel and legal assistants shall be subject to the civil-service laws. SEC. 509. The Board of Veterans' Appeals shall have a seal with such device as it may order. SEC. 510. The Chairman may from time to time divide the Board into sections of three members, assign the members of the Board thereto and designate the chief thereof. If a section, as a result of a vacancy or absence or inability of a member assigned thereto to serve thereon, is composed of a number of members less than designated for the section the Chairman may assign other members to the section or direct the section to proceed with the transaction of business without awaiting any additional assignment of members thereto. A hearing docket shall be maintained and formal recorded hearings shall be held by such associate member or members as the Chairman may designate, the associate member or members being of the section which will make final determination in the claim. A section of the Board shall make a determination on any proceeding instituted before the Board and on any motion in connection therewith assigned to such section by the Chairman and shall make a report of any such determination, which report shall constitute its final disposition of the proceeding SEC. 511. The determination of the section, when unanimously concurred in by the members of the section, shall be the final determination of the Board except that such Board on its own motion may correct an obvious error in the record or, may upon the basis of additional official information from the War or Navy Department, reach a contrary conclusion. In the event of a disagreement among the members of the section the concurrence of the Chairman with the majority of members of such section shall constitute the final determination of the Board, subject to correction only on a showing of obvious error or when, in the opinion of the Board, a contrary conclusion is justified on the basis of additional official information furnished by the War or Navy Department. SEC. 512. All questions on claims involving benefits under the laws administered by the Veterans' Administration shall be subject to one review on appeal to the Board of Veterans' Appeals. When a claim shall be disallowed by the Board of Veterans' Appeals it may not thereafter be reopened and allowed and no claim based upon the same factual basis shall be considered except that when subsequent to such disallowance new and material evidence in the form of official reports from the proper service department is secured, the Board of Veterans' Appeals may authorize the reopening of the claim and review of the former decision. The Board of Veterans' Appeals shall not be bound by the legal interpretations or administrative decisions made by the Administrator of Veterans' Affairs or his legal office, and decisions of the Board of Veterans' Appeals interpreting laws involving benefits administered by the Veterans' Administration shall become precedent decisions binding on all adjudication agencies of the Veterans' Administration. SEC. 513. The Board of Veterans' Appeals may, on special application in that behalf, grant a compassionate pension or allowance in any case which it considers to be specially meritorious, because of length and character of service, but in which the Veterans' Administration or on appeal, the Board of Veterans' Appeals has decided that the applicant is not entitled to an award within the strict limits of this Act. The amount of any compassionate pension or allowance so granted by the Board of Veterans' Appeals shall be such sum as the Board shall fix, not exceeding the amount to which the applicant would have been entitled if his right to payment within the strict limits of this Act had been granted. SEC. 514. Applications for review on appeal to the Chairman shall be filed (excepting in those claims involving simultaneously contested claims) within one year from the date of mailing of notice of the result of initial review or determination or from July 1, 1933, whichever is the later date. Application for review must be filed with activity which entered the denial. If no application for review on appeal is filed in accordance with this Act within the time limit specified, the action taken on initial review or determination shall become final and the claim will not thereafter be reopened or allowed, except where subsequent to such disallowance new and material evidence in the form of official reports from the proper service department is secured the Chairman may authorize the reopening of the claim and review of the former decision. If application for review on appeal is entered within the time limit specified by regulations, a reasonable time thereafter will be allowed, if requested, for the perfection of the appeal and the presentation of additional evidence before final determination or decision is made. For the purpose of this paragraph, application for review on appeal, filed with the activity which entered the denial, which is postmarked prior to the expiration of the one-year period will be accepted as having been filed within the time limit. SEC. 515. Exclusive jurisdiction for the review of emergency officers' retirement claims covered by this Act shall be vested in such persons as shall be designated by the chairman. SEC. 516. Application for review on appeal may be made in writing by the claimant, his legal guardian, or such accredited representative or authorized agent, as shall be selected by him. Not more than one recognized organization or authorized agent will be recognized at any one time in the prosecution of a claim. SEC. 517. Application for review on appeal may be made by the Administrator of Veterans' Affairs and by such officials of the Veterans' Administration as may be designated by the Administrator at any time within the time limit involved by this Act. An application for review on appeal entered by a designated official of the Veterans' Administration shall not operate to deprive the claimant of the right of review on appeal as provided in this Act. SEC. 518. In each application for review on appeal the name and service of the veteran on account of whose service the claim is based must be stated, together with the number of the claim and the date of the action from which the appeal is taken. The application must clearly identify the benefit sought. SEC. 519. Each application for review on appeal shall contain specific assignment of the alleged mistake of fact or error of law in the adjudication of said claim, and any application for review on appeal insufficient in this respect may be dismissed. SEC. 520. All cases received pursuant to application for review on appeal shall be considered and decided in regular order according to their places upon the docket, unless in extreme need of the claimant a case may be advanced on motion for earlier consideration and determination. Every such motion shall set forth succintly the grounds upon which it is based. No such motion will be granted except in cases involving interpretation of law of general application affecting other claims, or for other sufficient cause shown. SEC. 521. In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of an application for review on appeal shall be sixty days from the date of mailing notice of the original action to the claimant to whom the action is adverse. In such cases the activity concerned shall promptly notify all parties in interest of the original action taken, expressly inviting attention to the fact that an application for review on appeal will not be entertained unless filed withinthe period of sixty days herein prescribed. Such notices shall be forwarded to the parties in interest to the last known address of record. SEC. 522. Upon the filing of an application for review on appeal in simultaneously contested claims, all parties other than the applicant for review on appeal whose interests may be adversely affected by the decision, shall be notified of the substance thereof and allowed thirty days from date of mailing of such notice within which to file brief or argument in answer thereto before the record is forwarded on application for review on appeal. The notice herein referred to shall be forwarded to the last known address of record of the parties whose interest may be adversely affected, and such action shall constitute sufficient evidence of notice. SEC. 523. An application for review on appeal shall not be entertained unless it is in conformity with the provisions of this Act. SEC. 524. The chairman, Board of Veterans' Appeals, is hereby authorized to deny a claim for yearly renewable term or Government life insurance in cases appealed under the provisions of this title and a denial as provided in this section shall constitute a disagreement for the purposes of section 19, World War Veterans' Act, 1924, as amended (sec. 445, title 38, U. S. C): Provided, That this section shall not be construed to alter or amend section 19, World War Veterans' Act, 1924, as amended, except to authorize denial of a claim for insurance by the chairman, Board of Veterans' Appeals, to effect a disagreement as provided in section 19, World War Veterans' Act, 1924, as amended: Provided further, That the Board of Veterans' Appeals shall have no jusrisdiction in any insurance case where a decision of a court as provided in section 19, World War Veterans' Act, 1924, as amended, has been rendered in such case on the same issue. Parallel reference table of draft of veterans' pension bill [Donald Hobart, national commander, American Veterans' Association] |