§ 106. Certain service deemed to be active service

(a)(1) Service as a member of the Women's Army Auxiliary Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Women's Army Auxiliary Corps or the Women's Army Corps shall be considered active duty for the purposes of all laws administered by the Secretary.

(2) Any person entitled to compensation or pension by reason of this subsection and to employees' compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.

(b) Any person

(1) who has applied for enlistment or enrollment in the active military, naval, or air service and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or

(2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of the person's local draft board and before rejection; or

(3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and

who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, or air service.

(c) For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during the period of time immediately following the date of such discharge or release from such duty determined by the Secretary concerned to have been required for that individual to proceed to that individual's home by the most direct route, and in any event that individual shall be deemed to have continued on active duty until midnight of the date of such discharge or release. (d) For the purposes of this title, any individual

(1) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and

(2) who is disabled or dies from an injury incurred while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be; shall be deemed to have been on active duty for training or inactive duty training, as the case may be, at the time such injury was incurred. In determining whether or not such individual was so authorized or required to perform such duty, and whether or not such individual was disabled or died from injury so incurred, the Secretary shall take into account the hour on which such individual began so to proceed or to return; the hour on which such individual was scheduled to arrive for, or on which such individual ceased to

perform, such duty; the method of travel employed; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death. Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof shall be on the claimant.

(e) Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under title 5 as a preference eligible described in section 2108(3)(C) of title 5.

(P.L. 85-857, Sept. 2, 1958, 72 Stat. 1110; P.L. 87-102, § 1, July 21, 1961, 75 Stat. 219; P.L. 88-616, Oct. 2, 1964, 78 Stat. 994; P.L. 89-311, §5, Oct. 31, 1965, 79 Stat. 1156; P.L. 97-295, § 4(3), Oct. 12, 1982, 96 Stat. 1305; P.L. 99-576, §701(5), Oct. 28, 1986, 100 Stat. 3291; P.L. 102-83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)

§ 107. Certain service deemed not to be active service

(a) Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under

(1) contracts of National Service Life Insurance entered into before February 18, 1946;

(2) chapter 10 of title 37; and

(3) chapters 11, 13 (except section 412(a)), and 23 of this title.

Payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member's service was not service in the Armed Forces or any component thereof within the meaning of any such law.

(b) Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 shall not be deemed to have been active military, naval, or air service for the purposes of any of the laws administered by the Secretary except

(1) with respect to contracts of National Service Life Insurance entered into (A) before May 27, 1946, (B) under section 620 or 621 of the National Service Life Insurance Act of 1940, or (C) under section 1922 of this title; and

(2) chapters 11 and 13 (except section 1312(a)) of this title.

Payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. (P.L. 85-857, Sept. 2, 1958, 72 Stat. 1111; P.L. 87-268, § 1(b), Sept. 21, 1961, 75 Stat. 566; P.L. 89-641, § 2(a), Oct. 11, 1966, 80 Stat. 885; P.L. 97-295, § 4(4), Oct. 12, 1982, 96 Stat. 1305; P.L. 99-576, § 701(6), Oct. 28, 1986, 100 Stat. 3291; P.L. 102-83, §§ 4(a)(1), 5(c)(1), Aug. 6, 1991, 105 Stat. 403, 406; P.L. 103-446, § 507(a), Nov. 2, 1994, 108 Stat. 4664.)

§ 108. Seven-year absence presumption of death

(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.

(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual's home and family for seven or more years, and establishing that after diligent search no evidence of that individual's existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.

(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.

(P.L. 85-857, Sept. 2, 1958, 72 Stat. 1112; P.L. 99-576, § 701(7), Oct. 28, 1986, 100 Stat. 3291; P.L. 102-83, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403-406.)

§ 109. Benefits for discharged members of allied forces

(a)(1) In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.

(2) The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.

(3) All amounts received by the Department as reimbursement or such services shall be credited to the current appropriation of he Department from which expenditures were made under this ubsection.

(b) Persons who served in the active service in the armed forces f any government allied with the United States in World War II nd who at time of entrance into such active service were citizens f the United States shall, by virtue of such service, and if otherise qualified, be entitled to the benefits of chapters 31 and 37 of is title in the same manner and to the same extent as veterans f World War II are entitled. No such benefit shall be extended to ny person who is not a resident of the United States at the time filing claim, or to any person who has applied for and received e same or any similar benefit from the government in whose rmed forces such person served.

(c)(1) Any person who served during World War I or World War as a member of any armed force of the Government of Czechoovakia or Poland and participated while so serving in armed conict with an enemy of the United States and has been a citizen of e United States for at least ten years shall, by virtue of such rvice, and upon satisfactory evidence thereof, be entitled to hostal and domiciliary care and medical services within the United ates under chapter 17 of this title to the same extent as if such rvice had been performed in the Armed Forces of the United ates unless such person is entitled to, or would, upon application ereof, be entitled to, payment for equivalent care and services ader a program established by the foreign government concerned r persons who served in its armed forces in World War I or World ar II.

(2) In order to assist the Secretary in making a determination of oper service eligibility under this subsection, each applicant for e benefits thereof shall furnish an authenticated certification om the French Ministry of Defense or the British War Office as records in either such Office which clearly indicate military serv› of the applicant in the Czechoslovakian or Polish armed forces d subsequent service in or with the armed forces of France or eat Britain during the period of World War I or World War II. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; P.L. 94-491, Oct. 14, 76, 90 Stat. 2363; P.L. 99-576, § 701(8), Oct. 28, 1986, 100 Stat. 91; P.L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 at. 404, 405.)

10. Preservation of disability ratings

A rating of total disability or permanent total disability which s been made for compensation, pension, or insurance purposes der laws administered by the Secretary, and which has been conuously in force for twenty or more years, shall not be reduced ereafter, except upon a showing that such rating was based on ud. A disability which has been continuously rated at or above aluation for twenty or more years for compensation purposes der laws administered by the Secretary shall not thereafter be ted at less than such evaluation, except upon a showing that Ich rating was based on fraud. The mentioned period shall be

computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.

(P.L. 85-857, Sept. 2, 1958, 72 Stat. 1113; P.L. 87-825, §6, Oct. 15, 1962, 76 Stat. 950; P.L. 88-445, § 1(a), (b), Aug. 19, 1964, 78 Stat. 464; P.L. 91-32, June 23, 1969, 83 Stat. 38; P.L. 102-83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)

§ 111. Payments or allowances for beneficiary travel

(a) Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage traveled, of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.

(b)(1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2)(A) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:

(A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.

(B) A veteran with a service-connected disability rated at 30 percent or more.

(C) A veteran receiving pension under section 1521 of this title.

(D) A veteran (i) whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title, or (ii) who is determined, under regulations prescribed by the Secretary, to be unable to defray the expenses of the travel for which payment under this section is claimed.

(E) Subject to paragraph (3) of this subsection, a veteran or other person whose travel to or from a Department facility is medically required to be performed by a special mode of travel and who is determined under such regulations to be unable to defray the expenses of the travel for which payment under this section is claimed.

(F) A veteran whose travel to a Department facility is incident to a scheduled compensation and pension examination. (2) The Secretary may make payments provided for in this section to or for any person not covered by paragraph (1) of this subsection for travel by such person for examination, treatment, or care. Such payments shall be made in accordance with regulations which the Secretary shall prescribe.

(3)(A) Except as provided in subparagraph (B) of this paragraph, the Secretary shall not make payments under this section for travel performed by a special mode of travel unless (i) the travel by