Volume 86 · 393
Public Law 92–328
To amend title 38, United States Code, to Increase the rates of compensation for disabled veterans, and for other purposes.
Approved June 30, 1972
Statutory text
AN ACT
To amend title 38, United States Code, to Increase the rates of compensation for disabled veterans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. short title
This Act may be cited as the “Veterans’ Compensation and Relief Act of 1972”.
TITLE I— COMPENSATION AND OTHER BENEFITS
Sec. 101.
Section 314 of title 38, United States Code, is
amended—
by striking out. “$25” in subsection (a) and inserting in lieu thereof “$28”;
by striking out “$46” in subsection (b) and inserting in lieu thereof “$51”;
by striking out “$70” in subsection (c) and inserting in lieu thereof “$77”;
by striking out “$96” in subsection (d) and inserting in lieu thereof “$106”;
by striking out “$135” in subsection (e) and inserting in lieu thereof “$149”;
by striking out “$163” in subsection (f) and inserting in lieu thereof “$179”;
by striking out “$193” in subsection (g) and inserting in lieu thereof “$212”;
by striking out “$223” in subsection (h) and inserting in lieu thereof “$245”;
by striking out “$250” in subsection (i) and inserting in lieu thereof “$275”;
by striking out “$450” in subsection (j) and inserting in lieu thereof “$495”;
by striking out “$560” and “$784” in subsection (k) and inserting in lieu thereof “$616” and “$862”, respectively;
by striking out “$560” in subsection (1) and inserting in lieu thereof “$616”;
by striking out “$616” in subsection (m) and inserting in lieu thereof “$678”;
by striking out “$700” in subsection (n) and inserting in lieu thereof “$770”;
by striking out “$784” in subsections (o) and (p) and inserting in lieu thereof “$862”;
by striking out “$336” in subsection (r) and inserting in lieu thereof “$370”; and
by striking out “$504” in subsection (s) and inserting in lieu thereof “$554”.
The Administrator of Veterans’ Affairs may adjust administratively,
Rate adjustment.
consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 who are not in receipt of
compensation payable pursuant to chapter 11 of title 38, United States Code.
Sec. 102.
Section 315(1) of title 38. United States Code, is amended—
by striking out “$28” in subparagraph (A) and inserting in lieu thereof “$31”;
by striking out “$4–8” in subparagraph (B) and inserting in lieu thereof “$53”;
by striking out “$61” in subparagraph (C) and inserting in lieu thereof “$67”;
by striking out “$75” and “$14” in subparagraph (D) and inserting in lieu thereof “$83” and “$15”, respectively;
by striking out “$19” in subparagraph (E) and inserting in lieu thereof “$21”;
by striking out “$33” in subparagraph (F) and inserting in lieu thereof “$36”;
by striking out “$48” and “$14” in subparagraph (G) and inserting in lieu thereof “$53” and “$15”, respectively;
by striking out “$23” in subparagraph (H) and inserting in lieu thereof “$25”; and
by striking out “$14” in subparagraph (I) and inserting in lieu thereof “$48”.
Sec. 103.
Chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following new section:
Ҥ 362. Clothing allowance
“The Administrator under regulations which he shall prescribe, shall pay a clothing allowance of $150 per year to each veteran who because of disability which is compensable under the provisions of this chapter, wears or uses a prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran.”
The analysis of such chapter 11 is amended by adding at the end thereof the following:
Sec. 104.
Subsection (a) of section 3203 of title 38, United States Code, is repealed.
Subsection (d) of such section 3203 is redesignated as subsection (a) of such section 3203.
Paragraphs (1) and (2) of subsection (b) of such section 3203 are redesignated as paragraph (1) and as so redesignated are amended to read as follows:
“(b) (1) In any case in which a veteran having neither wife nor child is being furnished hospital treatment, institutional or domiciliary care without charge or otherwise by the United States, or any political subdivision thereof, is rated by the Veterans’ Administration in accordance with regulations as being incompetent by reason of mental illness, and his estate from any source equals or exceeds $1,500, further payments of pension, compensation, or emergency officers’ retirement pay shall not be made until the estate is reduced to $500. The am cunt which would be payable but for this paragraph shall be paid to the veteran in a lump sum; however, no payment of a lump sum herein authorized shall tie made to the veteran until after the expiration of six months following a finding of competency and in the event of the veteran’s death before payment of such lump sum no part thereof shall be payable.”
Paragraphs (3) and (4) of subsection (b) of such section 3203 are redesignated as paragraphs (2) and (3) respectively; and the references in said redesignated paragraph (2) to “paragraph (2)” and “Paragraph (2)” are changed to “paragraph (1)” and “Paragraph (1)”, respectively.
Subsection (c) of such section 3203 is amended by deleting
“(a) or”.
Subsection (e) of such section 3203 is amended by deleting
“, compensation, or retirement pay”; and as so amended is redesignated as subsection (d).
Subsection (f) of such section 3203 is redesignated as subsection
(e).
Sec. 105.
Subsection (d) of section 3202 of title 38, United
Filing for death benefit payments, exception.
States Code, is amended by adding at the end thereof the following new sentence: “No payment shall be made under the two preceding sentences of this subsection unless claim therefor is filed with the Veterans’ Administration within five years after the death of the veteran, except that, if any person so entitled under said two sentences is under legal disability at the time of death of the veteran, such five-year period of limitation shall run from the termination or removal or the legal disability.”
Section 3021 (a) of title 38, United States Code, is amended by
deleting “section 3203(a)(2)(A) of this title and”.
Sec. 106.
All compensation or retirement pay which is being withheld
Lump-sum compensation; retirement payments.
Ante, p. 394.
pursuant to the provisions of subsections (a) and (b)(1) of section 3203, title 38, United States Code, in effect on the day before the effective date of this Act, shall be paid to the veteran, if competent, in a lump sum. If the veteran is incompetent, the withheld amounts shall be paid in a lump sum, or successive lump sums, subject to the $1,500 and $500 limitations of subsection (b)(1) of such section 3203 as amended by this Act. If a competent veteran dies before payment is made the withheld amounts shall be paid according to the order of precedence, and subject to the time limitation, of subsection (a)(2) of such section 3203 in effect the day before the effective date of this Act. In the event of the death of an incompetent veteran before payment of all withheld amounts, no part of the remainder shall be payable.
Sec. 107.
Section 536 of title 38, United States Code, is amended
Spanish-American War veterans, widows’ pension.
72 Stat. 1138; 81 Stat. 178, 179.
73 Stat. 434; 85 Stat. 663, 664.
by adding the following new subsection at the end thereof:
“(d) (1) Any widow eligible for pension under this section shall, if she so elects, be paid pension at the rates prescribed by section 541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to widows of veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2).
“(2) The Administrator shall pay each month to the widow of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to her under subsections (a) and (b) of this section as increased by section 544 of this title;
Effective date.
or (B) that which is payable under section 541 of this title, as increased by such section 544, to a widow of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.”
Sec. 108.
Section 334 of title 38, United States Code, is amended by striking out “equal” and all that follows down through the end thereof and inserting in lieu thereof “that specified in section 314 of this title.”
Section 335 of such title is amended by striking out “equal” and all that follows down through the end thereof and inserting in lieu thereof “as provided in section 315 of this title.”
Section 336 of such title is hereby repealed.
The table of sections at the beginning of subchapter IV of chapter 11 of title 38, United States Code, is amended by striking out the following:
TITLE II— RELIEF FROM ADMINISTRATIVE ERROR, OVERPAYMENTS, AND FORFEITURE
Sec. 201.
Section 210(c) of title 38, United States Code, is amended by adding an additional subsection (3), reading as follows:
“(3) (A) If the Administrator determines that any veteran, widow, child of a veteran, or other person, has suffered loss as a consequence of reliance upon a determination by the Veterans’ Administration of eligibility or entitlement to benefits, without knowledge that it was erroneously made, he is authorized to provide such relief on account of such error as he determines equitable, including the payment of moneys to any person whom he determines equitably entitled thereto.
“(B) The Administrator shall submit an annual report to the Congress on January 1, 1973, and each succeeding year containing a brief summary, including a statement as to the disposition of each case recommended to him for equitable relief under this paragraph.”
Sec. 202.
Section 3102 of title 38, United States Code, is amended to read as follows:
Ҥ 3102. Waiver of recovery of claims by the United States
“(a) There shall be no recovery of payments or overpayments of any benefits under any of the laws administered by the Veterans’ Administration whenever the Administrator determines that recovery would be against equity and good conscience, if an application for relief is made within two years from the date of notification of the indebtedness by the Administrator to the payee.
“(b) With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Administrator may waive payment of an indebtedness to the Veterans’ Administration by the veteran (as defined
in sections 101 and 1801), or his spouse, following default and loss of the property where the Administrator determines that collection of such indebtedness would be against equity and good conscience.
“(c) The Administrator may not exercise his authority under subsection (a) or (b) of this section to waive recovery of any payment or the collection of any indebtedness if, in his opinion, there exists in connection with the claim for such waiver an indication of fraud, misrepresentation, material fault, or lack of good faith on the part of the person or persons having an interest in obtaining a waiver of such recovery or the collection of such indebtedness.
“(d) No certifying or disbursing officer shall be liable for any amount paid to any person where the recovery of such amount is waived under subsection (a) or (b).
“(e) Where the recovery of a payment or overpayment made from the National Service Life Insurance Fund or United States Government Life Insurance Fund is waived under this section, the fund from which the payment was made shall be reimbursed from the National Service Life Insurance, appropriation or the military and naval insurance appropriation, as applicable.”
The waiver authority provided by section 3102(a) of title 38, United States Code, as amended by subsection (a) of this section shall
Ante, p. 396.
apply to improper payments, overpayments, and indebtedness established by the Administrator prior to the effective date of this Act if application for relief was pending on the date of enactment of this Act, or such an application is made within two years from the date of enactment of this Act.
Sec. 203.
The analysis of chapter 53 of title 38, United States Code, is amended by striking therefrom “3102. Waiver of recovery of overpayments.” and inserting in lieu thereof the following:
Sec. 204.
Section 1817 of title 38, United States Code, is amended by
inserting “(a)” immediately before “Whenever any veteran” and by adding a new subsection (b) as follows:
“(b) If any veteran disposes of residential property securing a
Liability, release.
guaranteed, insured, or direct loan obtained by him under this chapter without receiving a release from liability with respect to such loan under subsection (a), and a default subsequently occurs which results in liability of the veteran to the Administrator on account of the loan, the Administrator may relieve the veteran of such liability if he determines, after such investigation as he deems appropriate, that the property was disposed of by the veteran in such a manner, and subject to such conditions, that the Administrator would have issued the veteran a release from liability under subsection (a) with respect to the loan if the veteran had made application therefor incident to such disposal. Failure of a transferee to assume by contract all of the liabilities of the original veteran-borrower shall bar such release of liability only in cases in which no acceptable transferee, either immediate or remote, is legally liable to the Administrator for the indebtedness of the original veteran-borrower arising from termination of the loan. The failure of a veteran to qualify for release from liability under this subsection does not preclude relief from being granted under subsection 3102(b) of this title, if eligible thereunder.”
Sec. 205.
Section 1820(a)(4) of title 38, United States Code, is
amended by striking out that part of the section beginning with “and the authority to waive” and ending with “a severe hardship upon the veteran;”.
Sec. 206.
Subsection (d) of section 3503 of title 38, United States Code, is amended by inserting “(1)” after “(d)” and adding at the
end thereof the following:
“(2) The Administrator is hereby authorized and directed to review
Forfeiture of benefits, remission.
all cases in which, because of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Veterans’ Administration was imposed, pursuant to this section or prior provisions of law, on or before September 1, 1959. Tn any such case in which he determines that the forfeiture would not have been imposed under the provisions of this section in effect after September 1, 1959, he shall remit the forfeiture, effective the date of enactment of this amendatory Act. Benefits to which the individual concerned becomes eligible by virtue of any such remission may be awarded, upon application therefor, and the effective date of any award of compensation, dependency and indemnity compensation, or pension made in such a case shall be fixed in accordance with the provisions of section 3010(g) of this title.”
TITLE III— EFFECTIVE DATES
Sec. 301.
Sections 101 through 107 of this Act shall take effect on the first day of the second calendar month which begins after the date of enactment.
Section 108 shall take effect on July 1, 1973.
Sections 201 through 206 of this Act shall take effect upon the date of enactment of this Act.
Approved June 30, 1972.