Volume 50 · 660
Public Law 75–659
To liberalize the provisions of existing laws governing service-connected benefits for World War veterans and their dependents, and for other purposes.
Approved August 16, 1937
Statutory text
AN ACT
To liberalize the provisions of existing laws governing service-connected benefits for World War veterans and their dependents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That notwithstanding the provisions of Public Law Numbered 484, Seventy-third Congress, June 28, 1934 (U. S. C., 1934 edition, title 38, secs. 503–507), as amended by section 1, Public Law Numbered 844, Seventy-fourth Congress, June 29, 1936 (U. S. C., title 38, sec. 508), in no event shall the widow, child, or children otherwise entitled to compensation under the provisions of that Act be denied such compensation if the veteran’s death resulted from a disease or disability not service connected, and at the time of the veteran’s death he was receiving or entitled to receive compensation, pension, or retirement pay for 20 per centum disability or more presumptively or directly incurred
Provisos.
Condition.
in or aggravated by service in the World War: Provided, That a widow shall not be entitled to compensation under this section unless
Beginning of payments.
a child was born of her marriage to the veteran: Provided further, That except as provided in section 6 of this Act, compensation authorized by this section shall not be payable effective prior to the receipt of application therefor in the Veterans’ Administration in such form as the Administrator of Veterans’ Affairs may prescribe, but in no event shall compensation herein authorized be effective prior to the date of enactment of this Act.
Sec. 2.
That, section 4 of Public Law Numbered 484, Seventy-third Congress, June 28, 1934 (48 Stat. 1282; U. S. C., title 38, sec. 506), is hereby amended to read as follows:
Evidence and adjudication of claims.
“That for the purpose of awarding compensation under the provisions of this Act, as amended, service connection of disability and degree thereof at date of death may be determined in any case where claim has been or is filed by the widow, child, or children of a deceased World War veteran, except that proof of 20 per centum disability or more at date of death and evidence as to service connection must be filed no later than three years after date of enactment of this Act, or the date of death, whichever is the later, and evidence required in connection with any claim must be submitted in accordance with regulations prescribed by the Administrator of Veterans’ Affairs.
”
Sec. 3.
That effective on the first day of the month next following the date of enactment of this Act, the rates of death compensation payable under the provisions of existing laws or veterans’ regulations to a surviving widow, child, or children, and/or dependent mother or father now on the rolls or hereafter to be placed on the rolls as a surviving widow, child, or children, and/or dependent mother or father of any World War veteran who died as the result of injury or disease incurred in or aggravated by active military or naval service in the World War, shall be as follows:
Widow, age under fifty years, $30; widow, age fifty to sixty-five years, $37.50; widow, age sixty-five years or over, $45; widow with one child, $10 additional for such child up to ten years of age, increased to $15 from age ten (with $8 for each additional child up to ten years of age, increased to $13 from age ten) (subject to apportionment regulations); no widow but one child, $20; no widow but two children, $33 (equally divided); no widow but three children, $46 (equally divided); (with $8 for each additional child; total amount to be equally divided; dependent mother or father, $45 (or
Maximum compensation.
both) $25 each. As to the widow, child, or children, the total compensation payable under this paragraph shall not exceed $75. The amount of the compensation herein authorized shall be paid in the event the monthly payment of compensation under Veterans’ Regulation Numbered 1 (g) and the monthly payment of yearly renewable term, automatic, or United States Government life (converted) insurance does not aggregate or exceed the amount of compensation herein authorized.
As to the surviving widow, child, or children, and/or dependent
Effective date of awards.
mother or father on the rolls on the date of enactment of this Act, any increased award herein authorized shall be effective from the date of enactment of this Act and in all other cases, except as provided in section 6 of this Act, effective dates of awards shall be governed by the provisions of veterans’ regulations promulgated under Public Law
Numbered 2, Seventy-third Congress, March 20, 1933.
Sec. 4.
That on and after the date of enactment of this Act, for
“Widow of a World War veteran” defined.
the purpose of payment of compensation under the laws administered by the Veterans’ Administration, the term “widow of a World War veteran” shall mean a woman—
Who was married to the person who served prior to or during the period of service on which the claim is based; or
Who was married to the person who served prior to July 3, 1931; or
Who was married to the person who served at any time, provided a child was born of such marriage.
No compensation shall be paid to a widow unless there was
Marital, etc., requirements.
continuous cohabitation with the person who served from the date of marriage to date of death, except where there was a separation which was due to the misconduct of or procured by the person who served, without the fault of the widow.
All marriages shall be proven as valid marriages according
Validity of marriage to be proven.
to the law of the place where the parties resided at the time of marriage, or of the law of the place where the ceremony was performed at the time thereof, or the law of the place where the parties resided when the right to pension hereunder accrued.
Compensation shall not be allowed a widow who has remarried
Remarried widows.
either once or more than once, and where compensation is properly discontinued by reason of remarriage it shall not thereafter be recommenced.
Sec. 5.
That notwithstanding any provision of law or veterans’
World War service, period defined.
regulation, except as to emergency officers’ retirement pay, reenlistment in the military or naval service on or after November 12, 1918, and before July 2, 1921, where there was prior service between April 6, 1917, and November 11, 1918, shall be considered as World War service under the laws providing benefits for World War veterans and their dependents.
Sec. 6.
That notwithstanding any provision of law or veterans’
Effective date of death compensation awards.
regulation, awards of death compensation shall be effective as of the date of death of the World War veteran if claim is filed within one year after the death of such veteran.
Sec. 7.
That a new section is hereby added to title III, World
War Veterans’ Act, 1924, as amended (U. S. C., title 38), to be known as section 312, and to read as follows:
“Sec. 312.
Without prejudice to any other cause of disability, the
Permanent disability; definition, application of term.
permanent loss of the use of both feet, of both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the loss of hearing of both ears, or the organic loss of speech, shall be deemed total permanent disability for insurance purposes. This section shall be deemed to be in effect on and after April 6, 1917, and shall apply only to automatic insurance, yearly renewable term insurance, and United States Government life (converted) insurance issued prior to December 15, 1936.”
Sec. 8.
That where an incompetent World War veteran, receiving disability compensation under title III of the Act of March 28, 1934 (Public Law Numbered 141, Seventy-third Congress), disappears, the Administrator of Veterans’ Affairs, in his discretion, may pay to the dependents of such veteran the amount of compensation payable to dependents of deceased veterans who die from war service-connected
Proviso.
Amount limited.
disabilities: Provided, That in no event shall payment made under this Act in any claim exceed the amount of compensation payable at the time of the veteran’s disappearance.
Sec. 9.
The penal and forfeiture provisions relating to pensions and compensation contained in Public Law Numbered 2, Seventy-third Congress, shall be applicable to claims for compensation under Public Law Numbered 484, Seventy-third Congress, as amended by Public Law Numbered 844, Seventy-fourth Congress, and this Act.
Approved, August 16, 1937.