Official Document Text
Source: The American Presidency Project (UCSB Archive)
ENTITLEMENT TO PENSIONS Whereas , Section 1, Title I, of Public No. 2, 73d Congress, entitled "An Act To maintain the credit of the United States Government", provides: "Sec. 1. That subject to such requirements and limitations as shall be contained in regulations to be issued by the President, and within the limits of appropriations made by Congress, the following classes of persons may be paid a pension: (a) Any person who served in the active military or naval service and who is disabled as a result of disease or injury or aggravation of a preexisting disease or injury incurred in line of duty in such service, (b) Any person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, or the World War, and who is permanently disabled as a result of injury or disease: Provided, That nothing contained in this title shall deny a pension to a Spanish-American War veteran past the age of sixty-two years entitled to a pension under existing law, but the President may reduce the rate of pension as he may deem proper, (c) The widow, child, or children, dependent mother or father, of any person who dies as a result of disease or injury incurred or aggravated in line of duty in the active military or naval service, (d) The widow and/or child of any deceased person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, (e) For the purpose of subparagraph (b) of this section, the World War shall be deemed to have ended November 11, 1918." Now, Therefore , by virtue of the authority vested in me by said law, the following regulation is hereby promulgated cancelling Veterans Regulation No. 1 and substituting therefor Veterans Regulation No. 1(a) to read as follows: Part I PENSIONS TO VETERANS AND THE DEPENDENTS OF VETERANS FOR DISABILITY OR DEATH RESULTING FROM ACTIVE MILITARY OR NAVAL SERVICE DURING THE SPANISH-AMERICAN WAR, BOXER REBELLION, PHILIPPINE INSURRECTION, AND/OR THE WORLD WAR. I. (a) For disability resulting from personal injury or disease contracted in line of duty, or for aggravation of a preexisting injury or disease contracted or suffered in line of duty, when such disability was incurred in or aggravated by active military or naval service during an enlistment or employment entered into on or after April 21, 1898, and before August 13, 1898, where the injury or disease was incurred or aggravated prior to July 5, 1902; or during an enlistment or employment where there was actual participation in the Philippine Insurrection on or after August 13, 1898, and before July 5, 1902; provided, however, that if the person was serving with the United States military forces engaged in the hostilities in the Moro Province the dates herein stated shall extend to July 15, 1903; or during an enlistment or employment where there was actual participation in the Boxer Rebellion on or after June 20, 1900, and before May 13, 1901; or during an enlistment or employment entered into on or after April 6, 1917, and before November 12, 1918, where the disease or injury was incurred prior to July 2, 1921; provided, however, if the person was serving with the United States military forces in Russia the dates herein shall be extended to April 1, 1920; or where such disability was incurred in or aggravated by active military or naval service during an enlistment or employment where there was active service in the Spanish-American War, or actual participation in the Boxer Rebellion, or Philippine Insurrection, or active service in the World War during the dates specified, the United States will pay to any person thus disabled and who was honorably discharged a pension as hereinafter provided but no pension shall be paid if the disability is the result of the person's own misconduct. (b) That for the purposes of paragraph 1(a) hereof every person employed in the active military or naval service for 90 days or more, 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 time of the examination, acceptance and enrollment, or where evidence, or medical judgment is such as to warrant a finding that the injury or disease existed prior to acceptance and enrollment. (c) That for the purposes of paragraph 1(a) hereof a chronic disease becoming manifest to a degree of 10% or more within one year from the date of separation from active service as set forth therein shall be considered to have been incurred in or aggravated by service as specified therein notwithstanding there is no record of evidence of such disease during the period of active service; provided the person suffering from such disease served 90 days or more in the active service as specified therein; provided, however, that—Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of such chronic disease, has been suffered between the date of discharge and the onset of the chronic disease, or the disability is due to the person's own misconduct, service connection will not be in order. (d) That for the purposes of paragraph 1(a) hereof a preexisting injury or disease will be considered to have been aggravated by active military service as provided for therein where there is an increase in disability during active service unless there is a specific finding that the increase in disability is due to the natural progress of the disease. I. That for the purposes of Part I, paragraph 1(a) hereof, if the disability results from injury or disease— (a) If and while the disability is rated 10 per centum the monthly pension shall be $9.00. (b) If and while the disability is rated 20 per centum the monthly pension shall be $18.00. (c) If and while the disability is rated 30 per centum the monthly pension shall be $27.00. (d) If and while the disability is rated 40 per centum the monthly pension shall be $36.00. (e) If and while the disability is rated 50 per centum the monthly pension shall be $45.00. (f) If and while the disability is rated 60 per centum the monthly pension shall be $54. (g) If and while the disability is rated 70 per centum the monthly pension shall be $63. (h) If and while the disability is rated 80 per centum the monthly pension shall be $72. (i) If and while the disability is rated 90 per centum the monthly pension shall be $81. (j) If and while the disability is rated as total the monthly pension shall be $90. (k) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or the loss of the use of only one foot, or one hand, or one eye, the rate of pension provided in part I, paragraph 11(a) to (j), shall be increased by $25.00 per month. (l) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or loss of use of both hands, or of both feet, or of one hand and one foot, or is so helpless as to be in need of regular aid and attendance, the monthly pension shall be $150.00. (m) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or loss of use of both hands and one foot, or of both feet and one hand, or if the disabled person, as the result of service incurred disability, is blind in both eyes, having only light perception, the mon tidy pension shall be $175.00. (n) If the disabled person, as the result of service incurred disability, is blind in both eyes, having only light perception, and has suffered the anatomical loss or loss of use of one hand or of one foot, the monthly pension shall be $200.00. (o) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or loss of use as provided in subparagraphs (1) to (n), inclusive, of Part I paragraph II of this Regulation, and/or blindness in both eyes, having only light perception, which conditions under subparagraphs (1) to (n), inclusive entitle him to two or more of the rates provided in those subparagraphs, no specified condition being considered twice in the determination, the monthly pension shall be $250.00. III. That for the purposes of paragraph I hereof any person, who on or after April 6, 1917 and prior to November 12, 1918 applied for enlistment or enrollment in the active military or naval forces and who w as provisionally accepted and directed or ordered to report to a place for final acceptance into such military service, or who on or after April 6, 1917 and prior to November 12, 1918 was drafted.and after reporting pursuant to the call of his local draft board and prior to rejection, or who on or after April 6, 1917 and prior to November 12, 1918 after being called into the Federal service as a member of the National Guard but before being enrolled for the Federal service suffered an injury or disease in line of duty and not the result of his own misconduct will be considered to have incurred such disability in active military or naval service during the period of the World War. IV. The surviving widow, child or children, and/or dependent mother or father of any deceased person who died as a result of injury or disease incurred in or aggravated by active military or naval service as provided for in Part I, paragraph I hereof shall be entitled to receive pension at the monthly rates specified next below: Widow but no child $30 Widow and one child (with $6 for each additional child) 40 No widow but one child 20 No widow but two children 30 (equally divided) No widow but three children (with $5 for each additional child; total amount to be equally divided) 40 (equally divided) Dependent mother or father 20 (or both) 15 each The total pension payable under this paragraph shall not exceed $75.00. Where such benefits would otherwise exceed $75.00 the amount of $75.00 may be apportioned as the Administrator of Veterans' Affairs may prescribe. Part II PAYMENT OF PENSION FOR DISABILITY OR DEATH INCURRED DURING PEACE TIME SERVICE I. (a) For disability resulting from personal injury or disease contracted in line of duty or for aggravation of a preexisting injury or disease contracted or suffered in line of duty when such disability was incurred in or aggravated by active military or naval service other than in a period of war service as provided in Part I, the United States will pay to any person thus disabled and who was honorably discharged from such period of service in which such injury or disease was incurred, or preexisting injury or disease was aggravated, a pension as hereinafter provided, but no pension shall be paid if the disability is the result of the person's own misconduct. (b) For the purposes of paragraph 1(a) of Part II hereof every person employed in the active military or naval service for six months or more 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 time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed prior to acceptance and enrollment, (c) Any veteran or the dependents of any deceased veteran otherwise entitled to pension under the provisions of Part II of this Regulation shall be entitled to receive the rate of pension provided in Part I of this Regulation if the disability or death resulted from an injury received in line of duty in actual combat in a military expedition or military occupation. II. For the purposes of Part II, paragraph 1(a), hereof, if the disability results from injury or disease— (a) If and while the disability is rated 10 per centum the monthly pension shall be $6.00. (b) If and while the disability is rated 20 per centum the monthly pension shall be $9.00. (c) If and while the disability is rated 30 per centum the monthly pension shall be $13.00. (d) If and while the disability is rated 40 per centum the monthly pension shall be $18.00. (e) If and while the disability is rated 50 per centum the monthly pension shall be $22.00. (f) If and while the disability is rated 60 per centum the monthly pension shall be $27.00. (g) If and while the disability is rated 70 per centum the monthly pension shall be $31.00. (h) If and while the disability is rated 80 per centum the monthly pension shall be $36.00. (i) If and while the disability is rated 90 per centum the monthly pension shall be $40.00. (j) If and while the disability is rated as total the monthly pension shall be $45.00. (k) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or the loss of the use of only one foot, or one hand, or one eye, the rate of pension provided in Part li, paragraph II, (a) to (j), shall be increased by $12.00 per month. (l) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or loss of use of both hands, or of both feet, or of one hand and one foot, or is so helpless as to be in need of regular aid and attendance, the monthly pension shall be $75.00. (ni) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or loss of use of both hands and one foot, or of both feet and one hand, or if the disabled person, as the result of service incurred disability, is blind in both eyes, having only light perception, the monthly pension shall be $87.00. (n) If the disabled person, as the result of service incurred disability, is blind in both eyes, having only light perception, and has suffered the anatomical loss or loss of use of one hand or of one foot, the monthly pension shall be $100.00. (o) If the disabled person, as the result of service incurred disability, has suffered the anatomical loss or loss of use as provided in subparagraphs (1) to (n), inclusive, of Part I, paragraph II, of this Regulation, and/or blindness in both eyes, having only light perception, which conditions under subparagraphs (1) to (n), inclusive entitle him to two or more of the rates provided in those subparagraphs, no specified condition being considered twice in the determination, the monthly pension shall be $125.00. III. The surviving widow, child or children, and/or dependent mother or father of any deceased person who died as a result of injury or disease incurred in or aggravated by active military or naval service as provided for in Part II, paragraph I hereof shall be entitled to receive pension at the monthly rates specified next below: Widow but no child $22 Widow and one child (with $4 for each additional child) 30 No widow but one child 15 No widow but two children 22 (equally divided) No widow but three children (with $3 for each additional child; total amount to be equally divided) 30 (equally divided) Dependent mother or father 15 (or both) 11 each The total pension payable under this paragraph shall not exceed $56.00. Where such benefits would otherwise exceed $56.00 the amount of $56.00 may be apportioned as the Administrator of Veterans' Affairs may prescribe. Part III PAYMENT OF PENSION FOR DISABILITIES OR DEATH NOT THE RESULT OF SERVICE I. (a) Any person who served in the active military or naval service, for a period of ninety days or more, during either the Spanish-American War, the Boxer Rebellion, the Philippine Insurrection or the World War, who is shown to have been in active service therein before the cessation of hostilities and to have been honorably discharged from such service shall be entitled to receive a pension for permanent total disability not the result of his misconduct and which is not shown to have been incurred in any period of military or naval service: Provided, that— (b) To be entitled to pension under the terms of Part III a veteran of either the Boxer Rebellion or of the Philippine Insurrection must be shown to have actually participated therein during his period of service. (c) That for the purpose of paragraph I (a) hereof, the World War shall be deemed to have ended November 11, 1918, and the delimiting periods of the Spanish-American War, the Boxer Rebellion, and the Philippine Insurrection shall be as specified in Part I. (d) In determining the period of active service for the purpose of Part III, it is not requisite that the ninety days' period of service shall have been completed before the cessation of hostilities. It is necessary, however, that a claimant hereunder shall have entered service prior to the cessation of hostilities and shall have served continuously thereafter for ninety days. A period of continuous active service for ninety days which commenced prior to, and extended into a period of hostilities as defined by Part I, shall be considered as meeting the service requirements of Part III. (e) Except as provided in paragraph 1(g) hereof, no pension shall be payable under Part III for permanent disability less than total. A permanent total disability shall be taken to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation and where it is reasonably certain that such impairment will continue throughout the life of the disabled person. Notwithstanding this definition the Administrator of Veterans' Affairs is hereby authorized to classify as permanent and total those diseases and disorders, the nature and extent of which in his judgment is such as to justify such a determination, (f) The amount of pension payable under the terms of Part HI shall be $30 monthly, provided, that— (g) Any veteran of the Spanish-American War over sixty-two years of age, (1) who meets the other requirements of Part III, or (2) who was on the pension rolls March 20, 1933, shall be entitled to receive a pension in the amount of $15.00 monthly, except that under (2), the pension being paid to the veteran on March 20, 1933, shall be continued in the same amount if it w as less than $15.00 per month. II. (a) Payment of pension provided by Part III, except as provided in paragraph 1(g) shall not be made to any unmarried person whose annual income exceeds $1,000, or to any married person or any person with minor children whose annual income exceeds $2500. (b) Whenever the income of any beneficiary to whom pension has been allowed under Part III exceeds the amount specified in this paragraph, the award of pension shall be discontinued. (c) Whenever it may be considered to be necessary for the purpose of this paragraph, the Veterans' Administration may require from any beneficiary under Part III such information, proofs or evidence as may be desired in order to determine the annual income of such beneficiary. III. (a) The surviving widow‘and/or child or children of any deceased person who served in the active military or naval service during either the Spanish-American War, the Boxer Rebellion or the Philippine Insurrection, and whose service therein was as defined by Part III, paragraph I hereof, shall be entitled to receive a pension at the monthly rates specified next below: Widow but no child $15 Widow and one child (with $3 for each additional child) 20 No widow but one child 12 No widow but two children 15 (equally divided) No widow but three children (with $2 for each additional child; total amount to be equally divided) 20 (equally divided) (b) The total pension payable under this paragraph shall not exceed $27.00 monthly. Where such benefits would otherwise exceed $27.00 monthly, the amount of $27.00 may be apportioned as the Administrator of Veterans' Affairs may prescribe. Part IV COMBINING OF PENSIONS I. The Administrator of Veterans Affairs is hereby authorized and directed to provide for the combination of ratings and to pay pension at the rates prescribed by Veterans Regulation No. 1(a), Part I, to those veterans who had war time service as defined in Veterans Regulation No. 1(a), Paragraph 1(a), and peace time service as defined in Part II, Paragraph 1(a) thereof, who have suffered disability in line of duty in each period of service. II. The Administrator of Veterans Affairs is hereby further authorized and directed to provide that for the purpose of determining whether a veteran is suffering from permanent and total disability as defined in Part 111, Veterans Regulation No. 1(a), ratings for disabilities incurred in active military or naval service and in line of duty may be combined with ratings for disabilities which are not shown to have been incurred in active military or naval service: Provided, That in those cases in which the veteran, by virtue of the above provision, is found to be entitled to a pension under Part III of Veterans Regulation No. 1(a), and is entitled to a pension Under Part I or Part II of Veterans Regulation No. 1(a), the Administrator of Veterans Affairs is authorized and directed to pay to the veteran the greater benefit. FRANKLIN D. ROOSEVELT June 6 th 1933 The White House.