1924, as amended, or pension under the general law, for such service connected disability shall be entitled to receive pension at seventy-five per centum of the compensation or pension being paid on March 19, 1933, effective July 1, 1936. Where the degree of such service connected disability has increased or decreased since March 19, 1933, the per centum limits shall be determined on the basis of the rate of compensation or pension payable for such changed condition under the laws applied to such veteran in effect on March 19, 1933. However, in no event shall the rate of pension herein provided exceed seventy-five per centum of the rate of pension for similar disability under § 35.011. Such pension shall be subject to the regulations issued under Public, No. 2, 73d Congress, pertaining to hospitalized and domiciled cases. (c) The protection afforded by Public, No. 788, 74th Congress, will be extended to the claims of veterans who were on March 19, 1933, receiving compensation under the War Risk Insurance Act, as protected by section 602 of the World War Veterans' Act, 1924, as amended, for a disability incurred subsequent to July 2, 1921, where such disability would also have been pensionable on March 19, 1933, under the general law (Act of July 14, 1862), by awarding, effective July 1, 1936, 75 per centum of the rate payable under the general law where that benefit is greater than the amount payable under Public, No. 2, 73d Congress. In this class of cases a claim for compensation under the War Risk Insurance Act will be accepted for the purpose of awarding the benefits under Public, No. 788, 74th Congress, as a claim for pension under the general law, and such claims. will be forwarded to the director, veterans claims service, central office. (Sec. 602, 43 Stat. 630, secs. 1, 4, 48 Stat. 8, 9, 49 Stat. 1910; 38 U.S.C. 571, 701, 704, 38 U.S.C., Sup., 703a) 4.2089 Rates; service prior to April 21, 1898. In claims of veterans with service prior to April 21, 1898, including veterans of the Civil and Indian wars, the pension to be awarded will be in accordance with the rates provided in § 35.011 or § 35.012, dependent upon whether the service was wartime or peacetime, and the Schedule for Rating Disabilities, 1933, or in accordance with the rates provided by the Act of July 14, 1862, as amended (the general law), or in accordance with the rates provided by the various service pension acts, whichever is the greater monetary benefit.* (R.S. 4692-4696, secs. 1, 4, 48 Stat. 8, 9; 38 U.S.C. 151-155, 701, 704) MEDICAL EXAMINATIONS 4.2095 Examinations in original claims for pension or compensation-(a) Examinations not authorized. (See also § 2.1076.) (1) If a veteran has been recently discharged and The Adjutant General's Office, Navy Department, or Marine Corps report is complete and shows a ratable disability, rating is authorized on the service department report and examination will not be authorized unless and until the veteran files a claim for an increase. (2) In original claims for pension under section 30, title III, Public, No. 141, 73d Congress and Public, No. 269, 74th Congress, examina **For statutory and source citations, see note to § 4.2000. Page 109 [345] tions will not be authorized unless the application is accompanied by evidence indicating the presence of a disability permanent in character. Where the application shows the claimant has attained a beneficial age, examination will not be authorized unless the application is accompanied by evidence indicating the claimant may be entitled by reason of disability to a pension in an amount greater than that paid on account of the attained age. (b) Examinations in claims for increase of pension or compensation. See § 2.1186. (c) Reexaminations to be requested when necessary. See §2.1185. (d) Examinations of employee-claimants. Examinations of employees of the Veterans' Administration shall be made in a Veterans' Administration facility or regional office elsewhere than at the place of employment except as otherwise approved by the Administrator.** ORIGINAL AWARDS 4.2100 Public, No. 2, 73d Congress. Pension pursuant to § 35.013 (a) (7) shall be awarded: (a) Effective as of the date of receipt of a claim therefor if the veteran's name was not on the pension rolls on March 20, 1933. (b) Effective as of the date of receipt of a claim therefor if the veteran attained the age of 62 years subsequent to the removal of his name from the pension rolls as the result of the review of his case under the Act of March 20, 1933, and did not take action to revive the former claim prior to the attainment of his 63d birthday. (c) Effective as of the date of his 62d birthday where the veteran attained the age of 62 years subsequent to the removal of his name from the pension rolls as the result of the review of his case under the Act of March 20, 1933, but took action to revive the former claim prior to the attainment of his 63d birthday. (d) Without the filing of a claim therefor, if his name was on the pension rolls on March 20, 1933, and he attained the age of 62 years prior to the completion of the review of his case under the Act of March 20, 1933.* (Secs. 1, 4, 30, 48 Stat. 8, 9, 525; 38 U.S.C. 366, 701, 704) 4.2101 Section 35.013 (a) (8). Pension pursuant to § 35.013 (a) (8), (for age 55 and 50 percent disability) shall be awarded: (a) Effective as of the date of receipt of a claim therefor if the veteran's name was not on the pension rolls on March 20, 1933. (b) Effective as of the date of receipt of a claim therefor where he attained the age of 55 years subsequent to the removal of his name from the rolls as the result of the review of his case under the Act of June 16, 1933, and did not take action to revive the former claim prior to the attainment of his 56th birthday. (c) Effective as of the date of his 55th birthday where he attained the age of 55 years subsequent to the removal of his name from the rolls as the result of the review of his case under the Act of June 16, 1933, but took action to revive the former claim prior to the attainment of his 56th birthday. Page 110 **For statutory and source citations, see note to § 4.2000. (d) Without the filing of a claim therefor if his name was on the pension rolls on March 20, 1933, and he attained the age of 55 years prior to the completion of the review of his case under the Act of June 16, 1933. (Secs. 1, 4, 20, 30, 48 Stat. 8, 9, 309, 310, 525; 38 U.S.C. 366, 701, 704, 722) 4.2102 Section 35.013 (a) (1) and (8). Pension pursuant to § 35.013 (a) (1) and (8), (for 50 percent disability) shall be awarded: (a) Effective as of January 19, 1934, without the filing of a claim therefor if it is demonstrated that the required degree of disability existed on January 19, 1934. (1) If the veteran's name was on the rolls on March 19, 1933, or January 19, 1934. (2) If a claim for compensation or pension filed prior to January 19, 1934, had not been disallowed or abandoned prior to that date, and provided the claim was revived by written notice at any time prior to January 19, 1935. (b) Effective as of the date of receipt of a claim therefor or the date upon which the required disability arose, whichever is the later, if not comprehended by (a) (1) or (2).* (Sec. 1, 4, 48 Stat. 8, 9; 38 U.S.C. 701, 704) 4.2104 Section 30, Public, No. 141, 73d Congress. Pension pursuant to this section of Public, No. 141, 73d Congress, which may not be awarded to continue beyond August 12, 1935, shall commence from the date of receipt of claim therefor when entitlement is otherwise shown, but not prior to March 28, 1934. In those cases which were on the rolls on March 19, 1933, or March 27, 1934, commencement shall be from March 28, 1934.** (Sec. 30, 48 Stat. 525; 38 U.S.C. 366) 4.2105 Public, No. 141, 73d Congress. Service pension under Public, No. 141, 73d Congress, is payable at adjusted rates as follows: ** (Sec. 30, 48 Stat. 525; 38 U.S.C. 366) 4.2106 Section 35.015. Pension pursuant to this section shall commence from the date of receipt of claim therefor when entitle **For statutory and source citations, see note to § 4.2000. Page 111 ment is otherwise shown, but not prior to February 8, 1935. In those cases which were on the rolls on March 19, 1933, or February 7, 1935, commencement shall be from February 8, 1935. For rates see § 4.2105.* (Sec. 1, 4, 30, 48 Stat. 8, 9, 525; 38 Stat. 366, 701, 704) 4.2107 Public, No. 269, 74th Congress. Commencement shall be from August 13, 1935, or the date of claim, whichever is the later, when entitlement is otherwise shown, as to claims filed on or after March 20, 1933, and not finally adjudicated. Any claim filed subsequent to March 19, 1933, under Public, No. 2 or Public, No. 141, 73d Congress, disallowed or abandoned, may, upon written notice from the claimant or his representative, be revived at any time prior to August 13, 1936, and when entitlement is otherwise shown, payments under the provisions of the Act of August 13, 1935, may commence from the date of the Act.* (49 Stat. 614; 38 U.S.C., Sup., 368, 369) 4.2108 Rates. Service pension is payable at rates as follows: While the veteran is in a State Soldiers' Home, the U. S. Soldiers' Home or the U. S. Naval Home, pension may not be paid in an amount in excess of $50 per month. (See §§ 3.1271 and 4.2181*+ 4.2109 Indian wars. Pension pursuant to the Act of March 3, 1927 or Public, No. 355, 75th Congress, shall commence from the date of claim therefor or the date of entitlement, whichever is the later. As to those veterans on the rolls on August 25, 1937, the increased rates provided in Public, No. 355, 75th Congress, with the exception of the rate for regular aid and attendance, shall be effective from September 1, 1937. The rate for regular aid or attendance is payable from the date of receipt in the Veterans' Administration of the evidence showing the requisite condition or the date of filing application therefor on or after the date of the Act, whichever is the later.*t (Sec. 1, 44 Stat. 1361, 50 Stat. 786; 38 U.S.C. 381, 38 U.S.C., Sup., 381-1) Page 112 **For statutory and source citations, see note to § 4.2000. 4.2110 Rates. Pension is payable at rates as follows: Subject to the provision that pension may not exceed $50 monthly while veteran is maintained in the United States Soldiers' Home or any Veterans' Administration facility or State soldiers' home and that the rate for regular aid and attendance may not be allowed while the veteran is receiving such services in kind.** 4.2111 Civil War. Pension pursuant to the Act of June 9, 1930, shall commence from the date of claim therefor or the date of entitlement, whichever is the later.** (Sec. 1, 46 Stat. 529; 38 U.S.C. 274) 4.2112 Rates. (a) Pension is payable at rates as follows: Minimum rate____ $75.00 100.00 Helpless or blind or so nearly helpless or blind as to require the regular aid and attendance of another person-‒‒‒‒‒ Subject to a reduction of $25 monthly while the veteran is in a State soldiers' home; the U. S. Soldiers' Home; the U. S. Naval Home or a Veterans' Administration facility, provided that while in a Veterans' Administration facility, pension is reduced to $15 monthly if he has no dependents. (See §§ 3.1271 and 4.2181). (b) The rate for Army nurses, under the Act of August 5, 1892, as amended by the Act of July 3, 1926, is $50 monthly.*+ (Secs. 6, 29, 48 Stat. 9, 285, 525; 38 U.S.C. 706) 4.2115 Act of July 14, 1862, as amended. Commencement shall be from the date of filing application under which disability is first shown to exist to a ratable degree.*t (R.S. 4692-4696; 38 U.S.C. 151-155) AMENDED AWARDS 4.2117 Increases under reenacted laws. Under the laws providing pension for persons who served prior to April 21, 1898, and the laws reenacted by Public, No. 269, 74th Congress, the effective date of an award of increased pension because of increased disability or need of frequent and periodical or regular aid and attendance will be from the date of receipt, in the Veterans' Administration, of the evidence by which the condition warranting the increase is shown to exist, but not earlier than the date of claim therefor nor prior to the date of enactment, or as to Public, No. 269, 74th Con **For statutory and source citations, see note to § 4.2000. Page 113 |