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§ 102. Dependent parents; husbands.

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(b) For the purposes of this title, (1) the term "wife" includes the husband of any female veteran; and (2) the term "widow" includes the widower of any female veteran. (As amended Pub. L. 92-540, title IV, § 408, Oct. 24, 1972, 86 Stat. 1092.)

AMENDMENTS

1972-Pub. L. 92-540, § 408(2), substituted in the section catchline "Dependent parents; husbands" for "Dependent parents and dependent husbands".

Subsec. (b). Pub. L. 92-540, § 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from the definitions of the terms "wife" and "widow" provisions relating to the ability of such persons to maintain and support themselves.

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SEC. 2. The Administrator of Veterans' Affairs may authorize or approve in lieu of actual necessary expenses of travel, including lodging and subsistence, payment of an allowance, in such amount per mile as the Administrator shall from time to time fix pursuant to 38 U.S.C. 111 [this section] as affected by this order, to any claimant or beneficiary of the Veterans' Administration traveling to or from a Veterans' Administration facility, or other place, in connection with vocational rehabilitation or counseling, or for the purpose of examination, treatment, or care. In addition to such mileage allowance, the Administrator may allow reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. In his discretion, the Administrator may authorize or approve such payment and such reimbursement to the person who or the organization which has actually paid the expenses of such travel, including lodging and subsistence. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 601 of this title.

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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.

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(As amended Pub. L. 92-328, title II, § 201, June 30, 1972, 86 Stat. 396.)

AMENDMENTS

1972-Subsec. (c) (3). Pub. L. 92-328 added subsec. (c) (3).

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301 (c) of Pub. L. 92-328 provided that: "Sections 201 through 206 of this Act [which amended this section and sections 1817, 1820, 3102, and 3503 of this title, and enacted provisions set out as a note under section 3102 of this title] shall take effect upon the date of enactment of this Act [June 30, 1972]."

§ 214. Reports to the Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 654 of this title.

§ 218. Standards of conduct and arrests for crimes at hospitals, domiciliaries, cemeteries, and other Veterans' Administration reservations.

(a) For the purpose of maintaining law and order and of protecting persons and property on lands (including cemeteries) and in buildings under the jurisdiction of the Veterans' Administration (and not under the control of the Administrator of General Services), the Administrator or any officer or employee of the Veterans' Administration duly authorized by him may

(1) make all needful rules and regulations for the governing of the property under his charge and control, and annex to such rules and regulations such reasonable penalties within the limits prescribed in subsection (b) of this section as will insure their enforcement. Such rules and regulations shall be posted in a conspicuous place on such property;

(2) designate officers and employees of the Veterans' Administration to act as special policemen on such property and, if the Administrator deems it economical and in the public interest, with the concurrence of the head of the agency concerned, utilize the facilities and services of existing Federal law-enforcement agencies, and, with the consent of any State or local agency, utilize the facilities and services of such State or local law-enforcement agencies; and

(3) empower officers or employees of the Veterans' Administration who have been duly authorized to perform investigative functions to act as special investigators and to carry firearms, whether on Federal property or in travel status. Such special investigators shall have, while on real property under the charge and control of the Veterans' Administration, the power to enforce Federal laws for the protection of persons and

property and the power to enforce rules and regulations issued under subsection (a)(1) of this section. Any such special investigator may make an arrest with or without a warrant for any offense committed upon such property in his presence or if he has reasonable ground to believe (A) the offense constitutes a felony under the laws of the United States, and (B) that the person to be arrested is guilty of that offense.

(b) Whoever shall violate any rule or regulation issued pursuant to subsection (a) (1) of this section shall be fined not more than $50 or imprisoned not more than thirty days, or both. (Added Pub. L. 93-43, § 4(a), June 18, 1973, 87 Stat. 79.)

EFFECTIVE DATE

Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

CROSS REFERENCES

Protection of Federal property under jurisdiction of Administrator of General Services, see sections 318 to 318d of Title 40, Public Buildings, Property, and Works. SUBCHAPTER III.-VETERANS' ADMINISTRATION REGIONAL OFFICES; EMPLOYEES

§ 230. Central and regional offices.

(b) The Administrator may exercise authority under this section in territory of the Republic of the Philippines until June 30, 1970.

(As amended Pub. L. 93-82, title IV, § 401, Aug. 2, 1973, 87 Stat. 196.)

AMENDMENTS

1973-Subsec. (b). Pub. L. 93-82 extended the authority of the Administrator from July 3, 1974 to June 30, 1978.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

§ 234. Telephone service for medical officers and facility directors.

The Administrator may pay for official telephone service and rental in the field whenever incurred in case of official telephones for nonmedical directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Veterans' Administration where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations established by the Administrator. (As amended Pub. L. 93-82, title IV, § 402(a), (c), Aug. 2, 1973, 87 Stat. 196.)

AMENDMENTS

1973-Pub. L. 93-82 added "and facility directors" in the section catchline and authorized the payment of telephone bills of nonmedical directors of centers, hospitals, independent clinics, and domiciliaries also.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

SUBCHAPTER IV.-VETERANS OUTREACH

SERVICES PROGRAM

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1685, 2003 of this title.

§ 240. Purpose; definitions.

(a) The Congress declares that the outreach servvices program authorized by this subchapter is for the purpose of insuring that all veterans, especially those who have been recently discharged or released from active military, naval, or air service and those who are eligible for readjustment or other benefits and services under laws administered by the Veterans' Administration are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents. The Congress further declares that the outreach services program authorized by this subchapter is for the purpose of charging the Veterans' Administration with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services.

(As amended Pub. L. 92-540, title IV, § 410 (a), Oct. 24, 1972, 86 Stat. 1092.)

AMENDMENTS

1972 Subsec. (a). Pub. L. 92-540 added "and encourage" following "aid".

§ 241. Outreach services.

The Administrator shall provide the following outreach services:

(1) by letter advise each veteran at the time of his discharge or release from active military, naval, or air service, or as soon as possible thereafter, of all benefits and services under laws administered by the Veterans' Administration for which the veteran may be eligible and, in carrying out this paragraph, the Administrator shall insure, through the utilization of veteran-student services under section 1685 of this title, that contact, in person or by telephone, is made with those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release;

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SUBCHAPTER II.-WARTIME DISABILITY
COMPENSATION

§ 314. Rates of wartime disability compensation.
For the purposes of section 310 of this title-

(a) if and while the disability is rated 10 per centum the monthly compensation shall be $28;

(b) if and while the disability is rated 20 per centum the monthly compensation shall be $51;

(c) if and while the disability is rated 30 per centum the monthly compensation shall be $77;

(d) if and while the disability is rated 40 per centum the monthly compensation shall be $106;

(e) if and while the disability is rated 50 per centum the monthly compensation shall be $149;

(f) if and while the disability is rated 60 per centum the monthly compensation shall be $179;

(g) if and while the disability is rated 70 per centum the monthly compensation shall be $212;

(h) if and while the disability is rated 80 per centum the monthly compensation shall be $245;

(i) if and while the disability is rated 90 per centum the monthly compensation shall be $275; (j) if and while the disability is rated as total the monthly compensation shall be $495;

(k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, the rate of compensation therefor shall be $47 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (s) of this section but in no event to exceed $616 per month; and in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection, in addition to the requirement for any of the rates specified in subsections (7) through (n) of this section, the rate of compensation shall be increased by $47 per month for each such loss or loss of use, but in no event to exceed $862 per month;

(1) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both hands, or both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or is permanently bedridden or so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $616;

(m) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of two extremities at a level, or with complications, preventing natural elbow or knee action with prosthesis in place, or has suffered blindness in both eyes having only light perception, or has suffered blindness in both eyes, rendering him so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $678;

(n) if the veteran, as the result of service-connected disability, has suffered the anatomical loss of two extremities so near the shoulder or hip as to prevent use of a prosthetic appliance or has suffered the anatomical loss of both eyes, the monthly compensation shall be $770;

(o) if the veteran, as the result of service-connected disability, has suffered disability under conditions which would entitle him to two or more of the rates provided in one or more subsections (1) through (n) of this section, no condition being considered twice in the determination, or if the veteran has suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 60 per centum or more disabling and the veteran has also suffered service-connected total blindness with 5/200 visual acuity or less, in combination with total blindness with 5/200 visual acuity or less, the monthly compensation shall be $862;

(p) in the event the veteran's service-connected disabilities exceed the requirements for any of the rates prescribed in this section, the Administrator, in his discretion, may allow the next higher rate or an intermediate rate, but in no event in excess of $862. In the event the veteran has suffered service-connected blindness with 5/200 visual acuity or less and (1) has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at no less than 40 per centum disabling, the Administrator shall allow the next higher rate, or (2) has also suffered service-connected total deafness in one ear, the Administrator shall allow the next intermediate rate, but in no event in excess of $700;

(r) if any veteran, otherwise entitled to the compensation authorized under subsection (0) of this section, or the maximum rate authorized under subsection (p) of this section, is in need of regular aid and attendance, he shall be paid, in addition to such compensation, a monthly aid and attendance allowance at the rate of $370 per month subject to the limitations of section 3203 (1) of this title. For the purposes of section 334 of this title, such allowance shall be considered as additional compensation payable for disability.

(s) if the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 per centum or more, or, (2) by reason of his service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $554. For the purpose of this subsection, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to his house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout his lifetime.

(As amended Pub. L. 92-328, title I, § 101 (a), June 30, 1972, 86 Stat. 393.)

AMENDMENTS

1972 Subsecs. (a)-(p), (r), (s). Pub. L. 92-328 increased the compensation in subsec. (a) from $25 to $28, subsec. (b) from $46 to $51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106, subsec. (e) from $135 to $149, subsec. (f) from $163 to $179, subsec. (g) from $193 to $212, subsec. (h) from $223 to $245, subsec. (1) from $250 to $275, subsec. (1) from $450 to $495, subsec. (k) from $560 to $616 and $784 to $862, respectively, subsec. (1) from $560 to $616, subsec. (m) from $616 to $678, subsec. (n) from $700 to $770, subsec. (o) from $784 to $862, subsec. (p) from $784 to $862, subsec. (r) from $336 to $370, and subsec. (s) from $504 to $554.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301 (a) of Pub. L. 92-328 provided that: "Sections 101 through 107 of this Act [which enacted section 362 of this title, amended this section, and sections 315, 536, 3021, 3202 and 3203 of this title, and enacted provisions set out as notes under this section and section 3203 of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment [June 30, 1972]."

SHORT TITLE

Section 1 of Pub. L. 92-328 provided that: "This Act [which enacted section 362 of this title, amended this section, and sections 210, 315, 334, 335, 536, 1817, 1820, 3021, 3102, 3202, 3203, and 3503 of this title, repealed section 336 of this title, and enacted provisions set out as notes under this section and sections 210, 334, 3102, and 3203 of this title] may be cited as the 'Veterans' Compensation and Relief Act of 1972"."

ADMINISTRATIVE RATE ADJUSTMENTS FOR PERSONS RECEIVING BENEFITS ON DECEMBER 31, 1958 Section 101(b) of Pub. L. 92-328 provided that: "The Administrator of Veterans' Affairs may adjust administratively, 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 [set out as a note preceding section 101 of this title] who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code [this chapter]."

§ 315. Additional compensation for dependents.

Any veteran entitled to compensation at the rate provided in section 314 of this title, and whose disability is rated not less than 50 per centum, shall be entitled to additional compensation for dependents in the following monthly amounts:

(1) If and while rated totally disabled and(A) has a wife and no child living, $31; (B) has a wife and one child living, $53; (C) has a wife and two children living, $67;

(D) has a wife and three or more children living, $83 (plus $15 for each living child in excess of three);

(E) has no wife but one child living, $21;

(F) has no wife but two children living, $36; (G) has no wife but three or more children living, $53 (plus $15 for each living child in excess of three);

(H) has a mother or father, either or both dependent upon him for support, then, in addition to the above amounts, $25 for each parent so dependent; and

(I) notwithstanding the other provisions of this subsection, the monthly amount payable on account of each child who has attained the age of eighteen years and who is pursuing a course of instruction at an approved educational institution shall be $48 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this subsection.

(As amended Pub. L. 92-328, title I, § 102, June 30, 1972, 86 Stat. 394.)

AMENDMENTS

1972-Par. (1). Pub. L. 92-328 substituted $31 for $28 in subpar. (A), $53 for $48 in subpar. (B), $67 for $61 in subpar. (C), $83 and $15 for $75 and $14, respectively, in subpar. (D), $21 for $19 in subpar. (E), $36 for $33 in subpar. (F), $53 and $15 for $48 and $14, respectively, in subpar. (G), $25 for $23 in subpar. (H), and $48 for $44 in subpar. (I).

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective on the first day of the second calendar month which begins after June 30, 1972, see section 301 (a) of Pub. L. 92-328, set out as a note under section 314 of this title.

SUBCHAPTER III.-WARTIME DEATH COMPENSATION

§ 321. Basic entitlement.

The surviving widow, child, or children, and dependent parent or parents of any veteran who died before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in section 322 of this title. (As amended Pub. L. 92–197, § 6, Dec. 15, 1971, 85 Stat. 662.)

AMENDMENTS

1971-Pub. L. 92-197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title.

§ 322. Rates of wartime death compensation.

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(b) The monthly rate of death compensation payable to a widow or dependent parent under subsection (a) of this section shall be increased by $55 if the payee is (1) a patient in a nursing home or (2) helpless or blind, or nearly helpless or blind as to need or require the regular aid and attendance of

another person. (As amended Pub. L. 92-197, § 9, Dec. 15, 1971, 85 Stat. 662.)

AMENDMENTS

1971-Subsec. (b). Pub. L. 92-197 extended the benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55.

EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title.

SUBCHAPTER IV.-PEACETIME DISABILITY COMPENSATION

§ 334. Rules of peacetime disability compensation.

For the purposes of section 331 of this title, the compensation payable for the disability shall be that specified in section 314 of this title. (As amended Pub. L. 92-328, title I, § 108 (a), June 30, 1972, 86 Stat. 396.)

AMENDMENTS

1972-Pub. L. 92-328 substituted provisions that the compensation payable for the disability be that specified in section 314 of this title, for provisions that the compensation payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301 (b) of Pub. L. 92-328 provided that: "Section 108 [which repealed section 336 of this title and amended this section and section 335 of this title] shall take effect on July 1, 1973.”

§ 335. Additional compensation for dependents.

Any veteran entitled to compensation at the rates provided in section 334 of this title, and whose disability is rated not less than 50 per centum, shall be entitled to additional monthly compensation for dependents as provided in section 315 of this title. (As amended Pub. L. 92-328, title I, § 108 (b), June 30, 1972, 86 Stat. 396.)

AMENDMENTS

1972-Pub. L. 92-328 substituted provisions that the veteran be entitled to additional monthly compensation for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to additional monthly compensation for dependents equal to 80% of the additional compensation for dependents provided in section 315 of this title, and subject to the limitations thereof, and adjusted upward or downward to the nearest dollar.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-328 effective on July 1, 1973, see section 301 (b) of Pub. L. 92-328, set out as a note under section 334 of this title.

§ 336. Repealed. Pub. L. 92–328, title I, § 108 (c), June 30, 1972, 86 Stat. 396.

Section, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under the provisions of this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal of section effective July 1, 1973, see section 301 (b) of Pub. L. 92-328, set out as a note under section 334 of this title.

SUBCHAPTER V.-PEACETIME DEATH
COMPENSATION

§ 341. Basic entitlement.

The surviving widow, child or children, and dependent parent or parents of any veteran who died

before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter. (As amended Pub. L. 92-197, § 6, Dec. 15, 1971, 85 Stat. 662.)

AMENDMENTS

1971-Pub. L. 92-197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417 (a) of this title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section 10 of Pub. L. 92-197, set out as a note under section 411 of this title.

SUBCHAPTER VI.-GENERAL COMPENSATION PROVISIONS

§ 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 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. (Added Pub. L. 92-328, title I, § 103 (a), June 30, 1972, 86 Stat. 394.)

EFFECTIVE DATE

Section effective on the first day of the second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92-328, set out as a note under section 314 of this title.

Chapter 13.-DEPENDENCY AND INDEMNITY

COMPENSATION FOR SERVICE-CONNECTED

DEATHS

UNIFORMED SERVICES, PROMOTION OF MEMBERS IN MISSING STATUS; EFFECTIVE DATE

Provision of section 552 (a) of Title 37 for full effectiveness for all purposes of promotion of a member while in a missing status notwithstanding a determination of death before the making of the promotion effective as of Nov. 24, 1971, for the purposes of this chapter, see section 2 of Pub. L. 93-26, Apr. 27, 1973, 87 Stat. 26, set out as a note under section 552 of Title 37, Pay and Allowances of the Uniformed Services.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2013 of this title. § 402. Determination of pay grade.

(a) With respect to a veteran who died in the active military, naval, or air service, his pay grade shall be determined as of the date of his death or as of the date of a promotion after death while in a missing status.

(As amended Pub. L. 92-169, § 2, Nov. 24, 1971, 85 Stat. 489.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-169 provided, with regard to determination of veteran's pay grade at date of his death, that in the case of a promotion after death while the veterans is in a missing status, the pay grade determination date is the date of such promotion.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3 of Pub. L. 92-169 provided that: "For the purposes of chapter 13 of title 38, United States Code [this chapter] this Act [amending this section and sec

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