Public Law 78–426

That section 2 of the Act approved May 17, 1926 (44 Stat. 557; 10 U. S. C. 847b; 34 U. S. C. 882b) , is hereby repealed.

Sec. 2.

That paragraph VIII of Executive Order Numbered 6098, dated March 31, 1933 (Veterans Regulation Numbered 10, as amended; 38 U. S. C., ch. 12), be amended to read as follows:

“Par. VIII. Injury or disease incurred in line of duty.

An injury or disease incurred during military or naval service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active service in the military or naval forces, whether on active duty or on authorized leave, unless such injury or disease was the result of his own willful misconduct:

Venereal disease.

Provided, That venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the Army or Navy regulations requiring him to report and receive treatment

Requirement not deemed met in specified cases.

for such disease: Provided further, That the requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service, or by absenting himself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court martial or civil court.”

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Sec. 3.

That paragraph IX of Veterans Regulation Numbered 10, as amended be and is hereby amended to read:

“Par. IX. 38 U. S. C. note foll. § 724; Supp. III, note foll. § 732.Ante, p. 230.

Pension shall not be payable under part III, Veterans Regulation Numbered 1 (a), as amended, for any disability due to the claimant’s own willful misconduct or vicious habits.”

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Sec. 4.

This Act shall be effective from the date of its approval.

Effective date.

Sections 2 and 3, inclusive, shall be applicable to claims filed or adjudicated thereafter and the beginning date of awards shall be as provided in applicable statute or regulations: Provided, That no

Disallowed claims.

claim heretofore disallowed by reason of misconduct or line of duty requirement shall be revived but benefits may be payable on the basis of a new claim filed hereafter in such form as may be prescribed by the Administrator of Veterans’ Affairs.