and are assigned by the Administrator to the Veterans' Administration offices in the Republic of the Philippines or to the Veterans' Administration office in Europe, established pursuant to section 230 (c) of this title, allowances and benefits similar to those provided by the following provisions of law: (1) Section 1131 of title 22 (relating to allowances to provide for the proper representation of the United States). (2) Section 1136 (1), (2), (3), (4), (5), and (7) of title 22 (relating to travel expenses). (3) Section 1138 of title 22 (relating to transportation of automobiles). (4) Section 1148 of title 22 (relating to the return of personnel to the United States on leave of absence). (5) Section 1156 of title 22 (relating to payments by the United States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization). The foregoing authority supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Veterans' Administration provided by titles 5 and 22. § 236. Administrative settlement of tort claims arising in foreign countries 1 1 The Administrator may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Veterans' Administration operations abroad. A claim may not be allowed under this section unless it is presented in writing to the Administrator or his designee within two years after the claim accrues. PART II. GENERAL BENEFITS Compel sation $301 CHAPTER Sec. 11. Compensation for Service-Connected Disability or Death---- 301 401 501 601 19. Insurance 21. Specially Adapted Housing for Disabled Veterans_. 23. Burial Benefits___. CHAPTER 11-COMPENSATION FOR SERVICE-CON- 701 801 901 SUBCHAPTER I-GENERAL Sec. 301. Definitions. 302. Special provisions relating to widows. SUBCHAPTER II-WARTIME DISABILITY COMPENSATION 310. Basic entitlement. 311. Presumption of sound condition. 314. Rates of wartime disability compensation. 1 Section added by sec. 1(a), Public Law 89-300. Sec. SUBCHAPTER III-WARTIME DEATH COMPENSATION 321. Basic entitlement. 322. Rates of wartime death compensation. SUBCHAPTER IV-PEACETIME DISABILITY COMPENSATION 331. Basic entitlement. 332. Presumption of sound condition. 333. Presumptions relating to certain diseases. SUBCHAPTER V-PEACETIME DEATH COMPENSATION 341. Basic entitlement. 342. Rates of peacetime death compensation. 343. Conditions under which wartime rates payable. SUBCHAPTER VI-GENERAL COMPENSATION PROVISIONS 351. Benefits for persons disabled by treatment or vocational rehabilitation. 352. Persons heretofore having a compensable status. 353. Aggravation. 354. Consideration to be accorded time, place, and circumstances of service. 355. Authority for schedule for rating disabilities. 356. Minimum rating for arrested turberculosis. 357. Combination of certain ratings. 358. Disappearance. 359. Protection of service connection. 360. Special consideration for certain cases of blindness or bilateral kidney involvement or bilateral deafness. § 301. Definitions Subchapter I-General For the purposes of this chapter (1) The term "veteran" includes a person who died in the active military, naval, or air service. (2) The term "period of war" includes, in the case of any veteran (A) any period of service performed by him after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918; and (B) any period of continuous service performed by him after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947. (3) The term "chronic disease" includes Anemia, primary Arteriosclerosis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Coccidioidomycosis Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger's disease) Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Administrator may add to this list; (4) The term "tropical disease" includes Amebiasis Blackwater fever and such other tropical diseases as the Administrator may add to this list. § 302. Special provisions relating to widows (a) No compensation shall be paid to the widow of a veteran under this chapter unless she was married to him— (1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; 1 or (2) for five or more years; or 1 (3) for any period of time if a child was born of the marriage. (b) Subsection (a) shall not be applicable to any widow who, with respect to date of marriage, could have qualified as a widow for death compensation under any law administered by the Veterans' Administration in effect on December 31, 1957. Subchapter II-Wartime Disability Compensation § 310. Basic entitlement For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is the result of the veteran's own willful misconduct. § 311. Presumption of sound condition For the purposes of section 310 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service. § 312. Presumptions relating to certain diseases For the purposes of section 310 of this title, and subject to the provisions of section 313 of this title, in the case of any veteran who served for ninety days or more during a period of war (1) a chronic disease becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service; (2) a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service; (3) active tuberculous disease developing a 10 per centum degree of disability or more within three years from the date of separation from such service; 1 Paragraph amended by Public Law 86-491. (4) multiple sclerosis developing a 10 per centum degree of disability or more within seven years from the date of separation from such service; 1 (5) Hansen's disease developing a 10 per centum degree of disability or more within three years from the date of separation from such service; 2 shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service. § 313. Presumptions rebuttable (a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases within the purview of section 312 of this title, has been suffered between the date of separation from service and the onset of any such diseases, or the disability is due to the veteran's own willful misconduct, service-connection pursuant to section 312 of this title will not be in order. (b) Nothing in section 312 of this title or subsection (a) of this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service. § 314. Rates of wartime disability compensation 3 4 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 $21; (b) if and while the disability is rated 20 per centum the monthly compensation shall be $40; (c) if and while the disability is rated 30 per centum the monthly compensation shall be $60; (d) if and while the disability is rated 40 per centum the monthly compensation shall be $82; (e) if and while the disability is rated 50 per centum the monthly compensation shall be $113; (f) if and while the disability is rated 60 per centum the monthly compensation shall be $136; (g) if and while the disability is rated 70 per centum the monthly compensation shall be $161; (h) if and while the disability is rated 80 per centum the monthly compensation shall be $186; (i) if and while the disability is rated 90 per centum the monthly compensation shall be $209; (j) if and while the disability is rated as total the monthly compensation shall be $300; (k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of a creative organ, 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 1 Paragraph amended by Public Law 86-187 and sec. 3 of Public Law 87-645. 2 Paragraph added by Public Law 86-188. 3 Section amended by sec. 1, Public Law 87-645; sec. 1(a), Public Law 89-311. |