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404.3 Appeal by Veteran. Whenever a claim for pension, compensation, or other benefit has been denied by the Veterans' Administration, appeal may be made to the Administrator of Veterans' Affairs. Veterans' Administration Form No. P-9 should be used. The appeal must be taken within 1 year from the date of the mailing of the notice of the initial decision.

404.4 Claims, Handling of.-(a) It is not necessary to hire a lawyer to secure benefits. Veterans are advised not to do so. Nevertheless, it is the veteran's right to employ legal assistance if he so desires. Fees for legal services on pension claims are limited by law and may be paid only when specifically authorized by the Veterans' Administration.

(b) A veteran may consult his local chapter of the Red Cross, the nearest office of the Veterans' Administration, or other organizations approved by the Veterans' Administration, for advice and aid in connection with his claim for benefits. This will be furnished to him free.

(c) Even though a veteran signed a statement at the time of his discharge, saying that he did not desire to file application for pension, this will not prevent him from filing a claim at any later date.

404.5 Physical Examination, Failure to Report for.-Upon failure of a veteran, without adequate reason, to report for physical examination requested for compensation or pension purposes, the award of compensation or pension in course of payments to him, or concurrently to dependents, will be suspended as of date of the last payment. Upon failure of a veteran to report for physical examination, requested as a result of a claim for increased compensation or pension, the claim for increase will be considered abandoned. No further action thereupon will be taken unless and until a new claim for increase is filed.

404.6 Compensation While Undergoing Treatment.-When any disabled veteran, having neither wife, child, nor dependent parent, is being furnished treatment, institutional or domiciliary care by the United States or any political subdivision thereof, the pension, compensation, or emergency officer's retirement pay shall not exceed $20 per month, and any non-service disability pension shall not exceed $8 per month.

404.7 Pensions, Exempt from Tax.-Pension payments are not assignable and are exempt from taxation (including income tax), attachment, levy, or seizure, either before or after receipt. These provisions, however, do not apply to property purchased with these payments.

404.8 Final Decision. The Veterans' Administration makes the final decision, not the branch of the armed forces. The Veterans' Service Medical Board makes a report on his disability, but the final decision as to pension or other benefits rests with the Veterans' Administration.

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PART IV

CHAPTER 5

WEARING OF UNIFORM

405.1 Wearing of Uniform.-(a) An honorably discharged veteran may wear his uniform from the place of his discharge to his home, provided he goes to his home within 3 months of the discharge date. Regulations do not permit the wearing of the uniform after arrival home even though the 3-month period has not expired. An honorable discharge emblem shall be worn on the right breast of the uniform after discharge.

(b) The honorably discharged veteran may also wear his uniform on ceremonial occasions. In such cases, he wears the uniform of the highest rank or grade that he held during the war. "Occasions of ceremony" are interpreted to mean occasions essentially of a military character at which the uniform is more appropriate than civilian clothing, e. g., memorial services, military weddings, military funerals, military balls, military parades, and meetings or functions of associations formed for military purposes, the membership of which is composed largely or entirely of honorably discharged veterans of the services or of Reserve personnel. The uniform may be worn while traveling to and from the ceremony, provided such travel in uniform can be completed on the day of the ceremony.

405.2 Decorations and Service Ribbons.-(a) Decorations and service ribbons and badges awarded a veteran may be worn. after discharge on the uniform on ceremonial occasions. In the latter case it has been the custom to wear miniature service or other ribbons, usually only the highest award received. With the exception of the Navy Medal of Honor, miniatures may be worn on the left lapel of civilian evening clothes on ceremonial occasions. Lapel buttons representing decorations or medals may be worn on civilian clothes.

(b) Decorations and service ribbons can be procured only at authorized stores. A copy of honorable discharge certificate, or certificate in lieu thereof, or photostatic copy of either, must be shown in order to purchase such ribbons.

(c) Penalties as high as $250 fine and 6 months in jail may be imposed on any individual wearing a decoration or award to which he is not entitled.

405.3 Lapel Buttons and Pins.-(a) All personnel in the armed forces of the United States who have served honorably in active Federal service since September 9, 1939, and have been discharged under honorable conditions, retired, or transferred to inactive status, are entitled to wear a lapel button or pin signifying such honorable service. A lapel button or pin will be issued at the time of retirement, transfer to inactive status, or honorable separation from the service.

(b) Enlisted personnel applying for the button or pin must present a discharge certificate, certificate of service, or special order announcing retirement. Officers may, in lieu of either of the above-mentioned certificates, present one true copy of orders or other instrument relieving them from active duty.

(c) Persons eligible to receive the lapel button or pin who have not previously been issued a button or pin, if their service was in the Army, may make application in writing or in person to any Army installation, other than ports of embarkation, including Army service commands. For veterans who served in the Navy, application may be made in writing to the Bureau of Personnel, or in person at any naval activity authorized to discharge or release personnel, or to a civil readjustment office. For veterans who served in the Marine Corps, application may be made to the Commandant, United States Marine Corps, Washington 25, D. C. For veterans who served in the United States Coast Guard, write to the Commandant, United States Coast Guard, Washington 25, D. C., or apply in person at any Coast Guard activity authorized to discharge or release personnel.

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