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Volume 53 · 1069

Public Law 76–331

To provide certain benefits for World War veterans and their dependents, and for other purposes.

Approved July 19, 1939

Statutory text

AN ACT

To provide certain 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,

World War, etc., veterans.

48 Stat. 1281.

38 U. S. C. § 503.

That section 1 of Public Law Numbered 484, Seventy-third Congress, June 28, 1934, as amended, is hereby amended to read as follows:

“Sec. 1.

(a)

Surviving widow or child of deceased veteran, benefits where death not service connected.

The surviving widow, child, or children of any deceased person who served in the World War before November 12, 1918, or if the person was serving with the United States military forces in Russia before April 2, 1920, who, while receiving or entitled to receive compensation, pension, or retirement pay for 10 per centum disability or more presumptively or directly incurred in or aggravated by service in the World War, dies or has died from a disease or disability not service connected shall, upon filing application and such proofs in the Veterans’ Administration as the Administrator of Veterans’ Affairs may prescribe, be entitled to receive compensation as provided by this Act.

“(b)

The surviving widow, child, or children of any deceased person

Service qualifications of veteran.

who served in the World War before November 12, 1918, or if the person was serving with the United States military forces in Russia before April 2, 1920, and who was honorably discharged after having served ninety days or more (or who, having served less than ninety days, was discharged for disability incurred in the service in line of duty), who dies or has died from a disease or disability not service connected and at the time of death had a disability directly or presumptively incurred in or aggravated by service in the World War for which compensation would be payable if 10 per centum or more in degree, shall, upon filing application and such proofs in the Veterans’ Administration as the Administrator of Veterans’ Affairs may prescribe, be entitled to receive compensation as provided by this Act.

“(c)

Payment of compensation under the provisions of this Act

Payment of compensation; restriction.

shall not be made to any widow without child, or a child, whose annual income exceeds $1,000, or to a widow with a child or children whose annual income exceeds $2,500. In determining annual income, payments of -war risk term insurance, United States Government life (converted) insurance, and payments under the World War Adjusted Compensation Act, as amended (U. S. C., title 38, ch. 11), and the

43 Stat. 121; 49 Stat. 1099.

38 U. S. C. ch. 11; Supp. IV, chs. 11, 11a.

50 Stat. 661.

38 U. S. C., Supp. IV, 472d.

Time of payment.

Adjusted Compensation Payment Act, 1936, as amended, shall not be considered. Except as provided in section 6 of Public Law Numbered 304, Seventy-fifth Congress, August 16, 1937 (U. S. C., title 38, sec. 472d), compensation authorized by this Act shall not be payable effective prior to the receipt of application therefor in the Veterans’ Administration; and in no event shall compensation herein authorized be effective prior to the date of enactment of this Act.”

Sec. 2.

Section 2 of Public Law Numbered 484, Seventy-third Congress,

48 Stat. 1281.

38 U. S. C. § 504.

as amended (U. S. C., title 38, sec. 504), is hereby amended to read as follows:

“Sec. 2.

(a)

The monthly rates of compensation shall be as follows:

Rates of compensation.

Widow but no child, $30; widow with one child, $38 (with $4 for each additional child) ; no widow but one child, $15; no widow but two children, $22 (equally divided); no widow but three children, $30 (equally divided) (with $3 for each additional child; total amount to be equally divided).

“(b)

The total compensation payable under this section shall not

Maximum; when apportioned.

exceed $64. Where such benefits would otherwise exceed $64, the amount of $64 may be apportioned as the Administrator of Veterans’ Affairs may prescribe.”

Sec. 3.

Section 4 of Public Law Numbered 484, Seventy-third

48 Stat. 1282.

38 U. S. C. § 506; Supp. IV, § 506.

Congress, June 28, 1934, as amended (U. S. C., title 38, sec. 506), is hereby amended to read as follows:

“Sec. 4.

For the purpose of awarding compensation under the

Determination of service connection of a disability.

provisions of this Act, as amended, service connection of a disability at the date of death, and degree thereof where required, may be determined in any case where a claim has been or is filed by the widow, child, or children of a deceased World War veteran. Proof

Evidence.

of disability at the date of death, and degree thereof where required, and evidence as to service connection, may be filed at any time after the date of enactment of this Act or the date of death. Evidence required in connection with any claim must be submitted in accordance with regulations prescribed by the Administrator of Veterans’ Affairs.”

Sec. 4.

Hospitalization and domiciliary care provisions.

In the administration of laws pertaining to veterans, retired officers, and enlisted men of the Army, Navy, Marine Corps, and Coast Guard, who served honorably during a war period as recognized by the Veterans’ Administration, shall be, and are, entitled to hospitalization and domiciliary care in Veterans’ Administration facilities on parity with other war veterans and subject to those provisions of paragraph VI (A) of Veterans Regulation Numbered 6 (c), which provide for reduction of monetary benefits to veterans having neither wife, child, nor dependent parent while being furnished hospital treatment, institutional, or domiciliary care.

Sec. 5.

Rates of death compensation.

Effective on the 1st 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 the 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, $38; widow, age fifty 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 both) $25 each. As to the widow, child, or children, the total compensation payable under this section shall not exceed

Condition.

$83. The amount of 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 or automatic insurance does not aggregate or exceed the amount of compensation herein authorized.

Effective date of awards.

As to the surviving widow, child, or children, and/or dependent 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

50 Stat. 661.

38 U. S. C., Supp. IV, § 472d.

48 Stat. 8.

38 U. S. C. ch. 12; Supp. IV, ch. 12.

in section 6 of Public Law Numbered 304, Seventy-fifth Congress, approved August 16, 1937, 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. 6.

Subparagraph (k) of paragraph II, part I, of Veterans Regulation Numbered 1 (a), promulgated under Public Law Numbered

48 Stat. 8.

38 U. S. C. ch. 12; Supp. IV, ch. 12.

2, Seventy-third Congress, March 20, 1933, is hereby amended to read as follows:

“(k)

Compensation for certain specific conditions.

If the disabled person, as the result of service-incurred disability, has suffered the anatomical loss or the loss of the use of only one foot, or one hand, or one eye, the rate of pension provided in part I, paragraph II (a) to (j), shall be increased by $35 per month.”

Sec. 7.

Interest rate on loans.

On and after the date of enactment of this Act, the rate of interest charged on any loan secured by a lien on United States Government life (converted) insurance shall not exceed 5 per centum per annum.

Approved, July 19, 1939.

Parsed from the official Statutes at Large USLM XML in 53.xml