(c) No pension shall be paid to a widow of a veteran under this section unless she was married to him (1) before March 4, 1917; or (2) for five or more years; or (3) for any period of time if a child was born of the marriage. § 535. Children of Indian War veterans Whenever there is no widow entitled to pension under section 534 of this title, the Administrator shall pay to the children of each Indian War veteran who met the service requirements of section 511 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided. § 536. Widows of Spanish-American War veterans (a) The Administrator shall pay to the widow of each SpanishAmerican War veteran who met the service requirements of section 512(a) of this title a pension at the monthly rate of $65, unless she was the wife of the veteran during his service in the Spanish-American War, in which case the monthly rate shall be $75. (b) If there is a child of the veteran, the rate of pension paid to the widow under subsection (a) shall be increased by $8.13 per month for each such child. (c) No pension shall be paid to a widow of a veteran under this section unless she was married to him (1) before January 1, 1938; or (2) for five or more years; or (3) for any period of time if a child was born of the marriage. § 537. Children of Spanish-American War veterans Whenever there is no widow entitled to pension under section 536 of this title, the Administrator shall pay to the children of each Spanish-American War veteran who met the service requirements of section 512(a) of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided. WORLD WAR I, WORLD WAR II, AND THE KOREAN CONFLICT § 541. Widows of World War I, World War II, or Korean conflict veterans 1 (a) The Administrator shall pay to the widow of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section. 1 Section amended by sec. 4, Public Law 86-211. 69-338 0-66 -6 (b) If there is no child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow's annual income as shown in column I: (c) If there is a widow and one child, pension shall be paid at the monthly rate set forth in column II of the following table opposite the widow's annual income as shown in column I : (d) If there is a widow and more than one child, the monthly rate payable under subsection (c) shall be increased by $15 for each additional child. (e) No pension shall be paid to a widow of a veteran under this section unless she was married to him (1) before (A) December 14, 1944, in the case of a widow of a World War I veteran, or (B) January 1, 1957, in the case of a widow of a World War II veteran, or (C) February 1, 1965, in the case of a widow of a Korean conflict veteran; or (2) for five or more years; or (3) for any period of time if a child was born of the marriage 1 Subsection amended by sec. 3(c), Public Law 88-664. 2 Subsection amended by sec. 3(d), Public Law 88-664. § 542. Children of World War I, World War II, or Korean conflict veterans 1 1 (a) Whenever there is no widow entitled to pension under section 541 of this title, the Administrator shall pay to the child or children of each veteran of World War I, World War II, or the Korean conflict who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the monthly rate of $38 for one child, and $15 for each additional child. (b) Pension prescribed by this section shall be paid to eligible children in equal shares. (c) No pension shall be paid under this section to a child whose annual income, excluding earned income, exceeds $1,800. § 543. Net worth limitation 2 The Administrator shall deny or discontinue payment of pension under sections 541 or 542 of this title to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable. that some part of the corpus be consumed for the survivor's mainte nance. Subchapter IV-Army, Navy, Air Force, and Coast Guard Medal of Honor Roll § 560. Medal of Honor Roll; persons eligible 3 (a) There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of the Treasury, respectively, a roll designated as the "Army, Navy, Air Force, and Coast Guard Medal of Honor Roll". (b) Upon written application to the Secretary concerned, the Secretary shall enter and record on such roll the name of each surviving person who has served on active duty in the armed forces of the United States and who has been awarded a medal of honor for distinguishing himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while so serving. (c) Applications for entry on such roll shall be made in the form and under regulations prescribed by the Secretary concerned, and shall indicate whether or not the applicant desires to receive the special pension provided by section 562 of this title. Proper blanks and instructions shall be furnished by the Secretary concerned, without charge upon the request of any person claiming the benefits of this subchapter. (a) The Secretary concerned shall determine whether or not each applicant is entitled to have his name entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If the official 1 Section amended by sec. 4, Public Law 86-211; sec. 4, Public Law 88-664. 2 Section amended by sec. 4, Public Law 86-211. 3 Section amended by sec. 1, Public Law 87-138; sec. 5, Public Law 88-77; Public Law 88-651 sec. 4, Public Law 89-311. Section amended by sec. 2, Public Law 87-138: sec. 5, Public Law 88-77. award of the Medal of Honor to the applicant, or the official notice to him thereof, shows that the Medal of Honor was awarded to the applicant for an act described in section 560 of this title, such award or notice shall be sufficient to entitle the applicant to have his name entered on such roll without further investigation; otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence on file in any public office or department shall be considered. (b) Each person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the Medal of Honor was awarded, of enrollment on such roll, and, if he has indicated his desire to receive the special pension provided by section 562 of this title, of his right to such special pension. (c) The Secretary concerned shall deliver to the Administrator a certified copy of each certificate issued by him under subsection (b) in which the right of the person named in the certificate to the special pension provided by section 562 of this title is set forth. Such copy shall authorize the Administrator to pay such special pension to the person named in the certificate. § 562. Special provisions relating to pension (a) The Administrator shall pay monthly to each person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to him under subsection (c) of section 561 of this title, a special pension at the rate of $100, beginning as of the date of application therefor under section 560 of this title.1 (b) The receipt of special pension shall not deprive any person of any other pension or other benefit, right, or privilege to which he is or may hereafter be entitled under any existing or subsequent law. Special pension shall be paid in addition to all other payments under laws of the United States. (c) Special pension shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatever. (d) If any person has been awarded more than one medal of honor, he shall not receive more than one special pension. CHAPTER 17-HOSPITAL, DOMICILIARY, AND MEDICAL CARE SUBCHAPTER 1-GENERAL Sec. 601. Definitions. 602. Presumption relating to psychosis. SUBCHAPTER II—HOSPITAL OR DOMICILIARY CARE AND MEDICAL TREATMENT 610. Eligibility for hospital and domiciliary care. 611. Hospitalization during examinations and in emergencies. 612. Eligibility for medical treatment. 613. Fitting and training in use of prosthetic appliances. 614. Seeing-eye dogs. 615. Tobacco for hospitalized veterans. 616. Hospital care by other agencies of the United States. 617. Invalid lifts and other devices for pensioners. 1 Subsection amended by sec. 3, Public Law 87-138; sec. 5, Public Law 88-77. 618. Therapeutic and rehabilitative activities. 619. Repair or replacement of certain prosthetic and other appliances. 620. Transfers for nursing home care. SUBCHAPTER III-MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL CARE AND MEDICAL TREATMENT OF VETERANS 621. Power to make rules and regulations. 622. Statement under oath. 623. Furnishing of clothing. 624. Hospital care and medical services abroad. 625. Arrests for crimes in hospital and domiciliary reservations. 626. Reimbursement for loss of personal effects by fire. 627. Persons eligible under prior law. M SUBCHAPTER IV-HOSPITAL AND MEDICAL CARE FOR COMMONWEALTH OF THE PHILIPPINES § ARMY VETERANS 631. Grants to the Republic of the Philippines. 632. Modification of agreement with the Republic of the Philippines effectuating the Act of July 1, 1948. 633. Supervision of program by the President. 634. Definitions. SUBCHAPTER V-PAYMENTS TO STATE HOMES 641. Criteria for payment. 642. Inspections of such homes; restrictions on beneficiaries. 643. Applications. § 601. Definitions Subchapter I-General For the purposes of this chapter (1) The term "disability” means a disease, injury, or other physical or mental defect. (2) The term "veteran of any war" includes any veteran of the Indian Wars, or any veteran awarded the Medal of Honor.1 (3) The term "period of war" includes each of the Indian Wars. (4) The term "Veterans' Administration facilities" means (A) facilities over which the Administrator has direct and exclusive jurisdiction; (B) Government facilities for which the Administrator contracts; and (C) private facilities for which the Administrator contracts in order to provide hospital care (i) in emergency cases for persons suffering from service-connected disabilities or from disabilities for which such persons were discharged or released from the active military, naval, or air service; (ii) for women veterans of any war; or (iii) for veterans of any war in a Territory, Commonwealth, or possession of the United States. (5) The term "hospital care" includes medical services rendered in the course of hospitalization and transportation and incidental expenses for veterans who are in need of treatment for a service-connected disability or are unable to defray the expense of transportation. (6) The term "medical services" includes, in addition to medical examination and treatment, optometrists' services, dental and surgical services, and (except under the conditions described in section. 612(f) (1)) dental appliances, wheelchairs, artificial limbs, trusses, and similar appliances, special clothing made necessary by the wearing of prosthetic appliances, and such other supplies as the Administrator determines to be reasonable and necessary.2 1 Paragraph amended by Public Law 88-481. 2Paragraph amended by Public Law 86-598; sec. 2, Public Law 86–639. |