WORDS AND PHRASES-Continued "Same or similar"-Continued
service gratuity" and the "re-establishment credit" paid by the Canadian Government under the War Service Grants Act, 1944, of Canada. Word "similar" is often used to denote partial resemblance only, but is also often used to denote sameness in all essential particulars. A. D. No. 717, August 16, 1946...
United States citizen with service during World War II in Canadian Army who receives from Canadian Government a "war-service gratuity," under War Service Grants Act, 1944, of Canada, does not receive a benefit "same or similar" to readjustment allowance provided under section 700, title V, Public Law 346, 78th Congress, as amended, within meaning of term as used in section 1506, Public Law 346, 78th Congress, as amended. A. D. No. 775, March 1, 1948..
"Self-employed": The term "self-employed" as used in section 902, title V, Public Law 346, 78th Congress, negatives employment by another. Thus, where five veterans of World War II own all the stock in a corporation, each owning 20 percent, and concurrence of three is essential to control corporation, none of veterans can be regarded as self-employed within meaning of section 902, supra. One cannot be regarded as self-employed if others possess the power to terminate the employment against his will or otherwise direct and control the manner in which he performs his functions. A. D. No. 727, October 21, 1946.... "Separation or release from active service":
A veteran died within 120 days after "separation or release from .. active service" within the meaning of the Servicemen's Indemnity Act of 1951 (pt. I, P. L. 23, 82d Cong.), where, after conviction for theft and pursuant to the sentence of the general court-martial, he served 6 months at hard labor with- out pay and allowances and received a dishonorable discharge at the end of that period, and died within 120 days after re- ceipt of such discharge. A. D. No. 904, May 19, 1952. "Serving with the United States military forces in Russia": The Administrator has the legal authority to specify the degree of proof necessary for naval personnel to establish service with United States forces in Russia. In view of the difficulty evi- dent in the lapse of time, the affidavit of a veteran that he was a member of one of the landing parties cooperating with the Army in suppression of the rebellion-all other evidence establishing eligibility to benefits authorized by Public Law 344, 74th Congress, being present-may be accepted as sufficient to meet requirements of Public Law 344. A. D. No. 827, Sep- tember 6, 1949_.
"Settlement" as used in section 1 (A) (2), Public Law 662, 79th Congress, is to be considered as having been used in the sense of "payment.' A. D. No. 869, February 19, 1951............. "Shall be deemed":
In all acts administered by the Veterans' Administration, such as the War Risk Insurance Act, as amended (sec. 401); World War Veterans' Act, 1924, as amended; National Service Life Insurance Act of 1940, as amended, the term "shall be deemed" connotes finality. The same language in Public Law 791, 81st Congress (presumptive service-connection for out- patient care for Spanish-American War veterans), has also been construed as providing a conclusive presumption. A. D. No. 892, December 21, 1951
"Shall be deemed to have incurred such disability in such active service":
The phrase "shall be deemed to have incurred such disability in such active service," as used in Public Law 239, 82d Congress, provides a conclusive presumption of service-connection for purposes of hospitalization, medical and outpatient treatment
WORDS AND PHRASES-Continued
"Shall be deemed to have incurred such disability in such active service"-Continued
in cases of active psychosis developing within 2 years from the date of separation from active service in World War II. A. D. No. 891, December 21, 1951__
"State, county or other political subdivision":
The term as used in paragraph II, Veterans Regulation No. 9 (a) as amended by section 2 (a), Public Law 866, 76th Congress, does not relate to a foreign government or political subdivision of a foreign government. A. D. No. 937, March 26, 1954.... "Stepchild": Child who married prior to mother's marriage to veteran, who it appears was never a member of his household, is not a stepchild within the terms of Public Law 662, 79th Congress. A. D. No. 818, July 20, 1949.
Stepdaughter of insured who was designated as beneficiary of National Service Life Insurance may be recognized as being within permitted class of beneficiaries as of date of veteran's death notwithstanding fact veteran's marriage to child's mother was terminated by divorce, where it is apparent pre- sumption that divorce brought to an end any close family ties has been rebutted. A. D. No. 755, July 24, 1947.... The bare legal relationship of stepchild is insufficient to constitute a basis of entitlement under section 3 of the Servicemen's Indemnity Act of 1951 (pt. I, P. L. 23, 82d Cong.). A. D. No. 930 is overruled. A. D. No. 955, June 30, 1955. The bare legal relationship of "stepchild," while not sufficient for the purposes of an award of death compensation or death pension under the laws administered by the Veterans' Adminis- tration does constitute a legal basis of entitlement to indemnity benefits under the Servicemen's Indemnity Act of 1951 (pt. Ï, sec. 3, P. L. 23, 82d Cong.). (Overruled by A. D. No. 955, dated June 30, 1955.) A. D. No. 930, April 3, 1953... "Stepparent": The bare legal relationship of stepparent is insufficient to consti- tute a basis of entitlement under section 3 of the Servicemen's Indemnity Act of 1951 (pt. I, P. L. 23, 82d Cong.). As a pre- requisite to eligibility to the indemnity benefit the stepparent must have exercised a familial relationship to the deceased serviceman. A. D. No. 952, February 7, 1955. "Subsistence allowance":
Subsistence allowance payable under paragraph 6, part VIII, Veterans Regulation No. 1 (a) (title II, P. L. 346, 78th Cong., as amended), and under paragraph 3, part VII, Veterans Regu- lation No. 1 (a), is neither pension nor compensation. It is a monetary allowance intended to provide a person in receipt of education or training under the cited paragraphs with a measure of support during such education or training. A. D. No. 893, January 18, 1952.
"Termination of hostilities":
In enacting Public Law 346, 78th Congress, and Public Law 239, 80th Congress, Congress intended that the end of the war and not the termination of hostilities would govern termination of payment of readjustment allowance benefits. Consequently, the termination date is 5 years from July 25, 1947, except as to those comprehended by Public Law 190, 79th Congress. A. D. No. 838, January 4, 1950.-
"Termination of the war":
In enacting Public Law 346, 78th Congress, and Public Law 239, 80th Congress, Congress intended that the end of the war and not the termination of hostilities would govern termination of payment of readjustment allowance benefits. Consequently, the termination date is 5 years from July 25, 1947, except as to those comprehended by Public Law 190, 79th Congress. A. D. No. 838, January 4, 1950..
WORDS AND PHRASES-Continued
"Treason": The term is defined in article III, section 3, clause 1, of the Con- stitution of the United States. However, criminal conviction is not a condition precedent to statutory forfeiture of National Service Life Insurance under section 612 of the National Service Life Insurance Act of 1940, nor is it required for purposes of the act that the Constitutional provision as to the testimony of two witnesses to the overt act be met. A. D. No. 914, Septem- ber 15, 1952.__.
"Under other than dishonorable conditions":
The definitive rules expressed in VA Regulation 1064 (A) are to be used to determine what constitutes a discharge "under other than dishonorable conditions" for purposes of determining entitlement to insurance under section 620, National Service Life Insurance Act of 1940, as amended, and hence, a veteran who was discharged from active service for an offense involving moral turpitude is not entitled to insurance under said section 620. A. D. No. 941, June 1, 1954..........
The term includes those values established by premium payments pursuant to a contractual relation and section 612, National Service Life Insurance Act of 1940, as amended, does not con- template to take from offenders these equities, properties, or values. A. D. No. 910, August 1, 1952...
The $100 per month received by a member of a State assembly, designated by State statutes as "remuneration," constitutes "wages" under section 700 (b) and "net earnings" under section 902 (b), Public Law 346, 78th Congress, as amended. Accord- ingly, such person is not entitled to receive a readjustment allowance under title V, sections 700-902 of that act. A. D. No. 786, May 27, 1948..
"While enrolled in and pursuing a course of full-time institu- tional training":
Phrase "while enrolled in and pursuing a course of full-time in- stitutional training” in Public Law 411, 80th Congress, author- izes increased rates only to those veterans who are pursuing courses of full-time instruction at an educational institution either under Public Law 346, 78th Congress, as amended, or Public Law 16, 78th Congress, as amended, and does not include any veteran pursuing a course of apprenticeship training, on-the- job training, or on-the-farm training, a part of which is at an educational institution, or extension classes thereof. A. D. No. 777, February 17, 1948...
The term as used in section 301 (a), Public Law 475, 81st Congress, amending Public Law 346, 78th Congress, does not restrict the date of death to any period prior to July 26, 1947, for purposes of widow's entitlement to loan guaranty benefits. A. D. No. 864, January 25, 1951.
If the insured prepared or caused to be prepared, or adopted, papers for the application for waiver of premiums, and sent in, or authorized the sending thereof, to the Veterans' Administra- tion, it constitutes his "written application" as required by section 622 of the National Service Life Insurance Act of 1940, as amended, and this is true, irrespective of whether he "physi- cally signed" it at the bottom thereof or elsewhere. Obviously, if in any case there be doubt as to the serviceman's authoriza- tion of the paper, appropriate inquiry easily can be made and should be made of him to learn whether he did authorize the action. A. D. No. 885, October 15, 1951....
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