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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":

"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

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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..

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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..........

"Values of insurance":

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...

"Wages":

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...

"Who died":

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.

"Written application":

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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