Sec. 3.1559 Instructions relating to accumulation and final disposition of certain benefits in the case of incompetent veterans. 3.1560 Liberalization of definition of "child" to include child adopted after death of veteran. 3.1561 Payment of benefits to children on account of the death of more than one parent in the same parental line. 3.1562 Change in method of determining basic pay for purposes of computing dependency and indemnity compensation under Public Law 86-492. 3.1564 New effective date for payment of additional compensation for dependents. 3.1565 Additional compensation for veterans having four or more children and whose disability is 50 percent or more disabling. 3.1566 Additional disability compensation for certain seriously disabled veterans. 8.1567 Title 38, United States Code 560, 561 and 562, as changed by Public Law 87-138, Medal of Honor Roll; persons eligible and provisions relating to special pension. 3.1568 Increased dependency and indemnity compensation in certain wartime 3.1808 Claim for indemnity. 3.1810 Amount of indemnity payable. cases. 8.1812 Method of payment. 8.1814 Commencing date of payments. 3.1816 Forfeiture. 3.1818 3.1820 3.1822 3.1900 3.1901 3.1902 3.1572 Instructions relating to the payment of additional aid and attendance allowance under 38 U.S.C. 314(r) during periods of hospitalization at Government expense. 3.1906 3.1907 3.1573 Presumption of service-connected multiple sclerosis under 38 U.S.C. 312(4) as amended by section 3, Public Law 87-645. 3.1574 Denial of benefits because of conduct of widow. 3.1575 Restoration of benefits for widows and children upon annulment of their remarriage or marriage. Subpart B-Burial Benefits 8.1600 Payment of burial expenses of deceased veterans. 3.1601 Claims and evidence. 3.1602 Special conditions governing payments. 3.1603 Unclaimed bodies. 3.1604 Payments from non-Veterans Admin istration sources. 33-618-65 Taxation and exemption. Subpart D-Waiver of Overpayments Jurisdiction; Central Office. Standards for waiver. Revision of decisions. Administrative review. 3.1908 Educational benefits. Subpart A-Pension, Compensation, and Dependency and Indemnity Compensation AUTHORITY: The provisions of this Subpart A issued under 72 Stat. 1114; 38 U.S.C. 210. and Coast Guard Reserves and the National and Air National Guard of the United States. (c) "Reserves" means members of a Reserve component of one of the Armed Forces. (d) "Veteran" means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable. For compensation and dependency and indemnity compensation the term "veteran" includes a person who died in active service. (e) "Veteran of any war" means any veteran who served in the active military, naval or air service during a period of war as set forth in § 3.2. (f) "Period of war" means the periods described in § 3.2. (g) "Secretary concerned” means: (1) The Secretary of the Army, with respect to matters concerning the Army; (2) The Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps: (3) The Secretary of the Air Force, with respect to matters concerning the Air Force; (4) The Secretary of the Treasury, with respect to matters concerning the Coast Guard; (5) The Secretary of Health, Education, and Welfare, with respect to matters concerning the Public Health Service; and (6) The Secretary of Commerce, with respect to matters concerning the Coast and Geodetic Survey. (h) "Discharge or release" includes retirement from the active military, naval, or air service. a marriage (i) "State" means each of the several States, Territories and possessions of the United States, the District of Columbia, and Commonwealth of Puerto Rico. (j) "Marriage" means valid under the law of the place where the parties resided at the time of marriage, or the law of the place where the parties resided when the right to benefits accrued. (38 U.S.C. 103(c)) (k) "Service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. (1) "Non-service-connected" means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. (m) "In line of duty" means an injury or disease incurred or aggravated during a period of active military, naval, or air service unless such injury or disease was the result of the veteran's own willful misconduct. A service department finding that injury, disease or death occurred in line of duty will be binding on the Veterans Administration unless it is patently inconsistent with the requirements of laws administered by the Veterans Administration. Requirements as to line of duty are not met if at the time the injury was suffered or disease contracted the veteran was: (1) Avoiding duty by desertion, or was absent without leave which materially interfered with the performance of his military duty. (2) Confined under a sentence of court-martial involving an unremitted dishonorable discharge. (3) Confined under sentence of a civil court for a felony as determined under the laws of the jurisdiction where the person was convicted by such court. (38 U.S.C. 105) or (n) "Willful misconduct" means an act involving conscious wrongdoing known prohibited action (malum in se or malum prohibitum). A service department finding that injury, disease or death was not due to misconduct will be binding on the Veterans Administration unless it is patently inconsistent with the facts and the requirements of laws administered by the Veterans Administration. (1) It involves deliberate or intentional wrongdoing with knowledge of or wanton and reckless disregard of its probable consequences. (2) Mere technical violation of police regulations or ordinances will not per se constitute willful misconduct. (3) Willful misconduct will not be determinative unless it is the proximate cause of injury, disease or death. (See §§ 3.301, 3.302.) (o) "Political subdivision of the United States" includes the jurisdiction defined as a State in paragraph (i) of this section, and the counties, cities or municipalities of each. (p) "Claim"-"Application" means a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement, to a benefit. (q) "Notice" means written notice sent to a claimant or payee at his latest address of record. (r) "Date of receipt" means the date on which a claim, information or evidence was received in the Veterans Administration, except as to specific provisions for claims or evidence received in the State Department (§ 3.108), or in the Social Security Administration (§ 3.153, §3.201), or Department of Defense as to initial claims filed at or prior to separation. [26 F.R. 1563, Feb. 24, 1961, as amended at 27 F.R. 4023, Apr. 27, 1962; 27 F.R. 11886, Dec. 1, 1962; 28 F.R. 320, Jan. 11, 1963] See § 3.3. CROSS REFERENCES: Pension. Compensation. See § 3.4. Dependency and indemnity compensation. See § 3.5. § 3.2 Periods of war. (a) Indian wars. January 1, 1817, through December 31, 1898, inclusive. Service must have been rendered with the United States military forces against Indian tribes or nations. (See § 3.3(b).) (b) Spanish-American War. April 21, 1898, through July 4, 1902, inclusive. If the veteran served with the United States military forces engaged in hostilities in the Moro Province, the ending date is July 15, 1903. The Philippine Insurrection and the Boxer Rebellion are included. (c) World War I. April 6, 1917, through November 11, 1918, inclusive. If the veteran served with the United States military forces in Russia, the ending date is April 1, 1920. Service after November 11, 1918 and before July 2, 1921 is considered World War I service if the veteran served in the active military, naval, or air service after April 5, 1917 and before November 12, 1918. (d) World War II. December 7, 1941, through December 31, 1946, inclusive. If the veteran was in service on December 31, 1946, continuous service before July 26, 1947, is considered World War II service. (e) Korean conflict. June 27, 1950, through January 31, 1955, inclusive. (f) Future dates. The period beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress. (38 U.S.C. 101) [26 F.R. 1563, Feb. 24, 1961] (a) Pension. This term means a monthly payment made by the Veterans Administration to a veteran because of service, age, or nonservice-connected disability, or to a widow or child of a veteran because of the nonservice-connected death of the veteran. Pension is not payable unless the veteran was discharged under conditions other than dishonorable from the period of service on which the claim is based. (38 U.S.C. 101(2), (15)) (See § 3.252 as to annual income limitations for disability and death pension.) (b) Service pension; Indian and Spanish-American Wars-(1) Indian wars. Basic entitlement exists if the veteran served for 30 days or more, or for the duration of an Indian war in any military organization, whether or not mustered into the service of the United States, under the authority of or by the approval of the United States or any State. (38 U.S.C. 511) (2) Spanish-American War. Basic entitlement exists if the veteran: (i) Had 70 (or 90) days or more active service during the Spanish-American War; or (ii) Was discharged or released from such service for a disability service connected without benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability. U.S.C. 512) (38 (c) Disability pension; World War I and later wars. Basic entitlement exists if the veteran: (1) Served 90 days or more in either World War I, World War II, or the Korean conflict, or served an aggregate of 90 days or more in separate periods of service during the same or, effective July 21, 1961, during different war periods, including service during the Spanish-American War. (38 U.S.C. 521(f)); or (2) Was discharged or released from such service for a disability service connected without benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability; and (3) Is permanently and totally disabled from nonservice-connected disability not due to his own willful misconduct or vicious habits. (38 U.S.C. 521) (d) Death pension—(1) Indian war. Basic entitlement exists for the widow or child of a deceased veteran of an Indian war if the veteran's service meets the requirements of paragraph (b) (1) of this section. (38 U.S.C. 534, 535) (2) Spanish-American War. Basic entitlement exists for the widow or child of a deceased veteran if the veteran: (1) Had 90 days or more active service during the Spanish-American War; or (ii) Was discharged or released from such service for a disability service connected without benefit of presumptive provisions of law, or at the time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability. (38 U.S.C. 536, 537) (3) World War I and later wars. Basic entitlement exists for the widow or child of a deceased veteran of World War I if the veteran's service meets the requirements of paragraph (c) (1) or (2) of this section or the veteran was, at the time of death, receiving or entitled to receive compensation or retirement pay based on a service-connected disability. Effective July 1, 1960, basic entitlement exists under the provisions of this subparagraph for the widow or child of a deceased veteran of World War II or the Korean conflict. (38 U.S.C. 541, 542) [26 F.R. 1563, Feb. 24, 1961, as amended at 27 F.R. 4023, Apr. 27, 1962; 28 F.R. 9811, Sept. 7, 1963] § 3.4 Compensation. (a) Compensation. This term means a monthly payment made by the Veterans Administration to a veteran because of service-connected disability, or to a widow, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957, or under the circumstances outlined in paragraph (c) (2) of this section. If the veteran was discharged or released from service, the discharge or release must have been under conditions other than dishonorable. (38 U.S.C. 101(2), (13)) (b) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or disease (including aggravation of a condition existing prior to service) while in active service if the injury or the disease was incurred or aggravated in line of duty. (38 U.S.C 310, 331) (2) An additional amount of compensation may be payable for a wife, child, and/or dependent parent where a veteran is entitled to compensation based on disability evaluated as 50 per centum or more disabling. (38 U.S.C. 315, 335) (c) Death compensation. Basic entitlement exists for a widow, child or children, and dependent parent or parents if: (1) The veteran died before January 1, 1957; or (2) The veteran died on or after May 1, 1957, if at the time of death a policy of United States Government life insurance or National Service life insurance was in effect under waiver of premiums under 38 U.S.C. 724 unless the waiver was granted under the first proviso of section 622(a) of the National Service Life Insurance Act of 1940, and the veteran died before his return to military jurisdiction or within 120 days thereafter. (38 U.S.C. 321, 341, 417(a)) (See § 3.5(d) as to Public Health Service.) (d) Wartime rates under special conditions. Compensation is payable at wartime rates if the veteran was disabled or dies as the result of injury or disease received in line of duty: (1) As a direct result of armed conflict; or (2) While engaged in extra hazardous service including conditions simulating war; or (3) After December 31, 1946, and before July 26, 1947. (38 U.S.C. 336, 343) [26 F.R. 1564, Feb. 24, 1961] |