evidence.

3.212

3.213

3.214

3.216

3.228

Effective dates of awards of disability compensation. Effective dates of awards pursuant to Part III, Veterans Regulation 1 (a), as amended (38 U. S. C. ch. 12A). Effective dates of awards of increased disability compensation. Application for increase based upon changed physical condition. Computation of annual income for the purposes of Part III, Veterans Regulation 1 (a), (38 U. S. C. ch. 12A), or section 1 (c) of Public No. 198, 76th Congress (act of July 19, 1939), as amended by section 11, Public Law 144, 78th Congress and Public Law 357, 82d Congress.

3.267

3.270

3.275

3.276

3.277

3.229

3.230

Annual income questionnaires. Readjustment of awards of death

3.281

pension where annual income is a factor.

3.286

3.232

Section 202 (15), World War Veterans' Act, 1924, as amended, reenacted by Public No. 141, 73d Congress.

3.287

3.235

Statutory awards, section 202, World War Veterans' Act, 1924, as amended, as reenacted by Public No. 141, 73d Congress.

3.296

3.236

3.297

3.298

3.237

3.245

Special monthly compensation specified by or fixed pursuant to paragraph II, Parts I and II, Veterans Regulation 1 (a) (38 U. S. C. ch. 12A), as amended by Public Laws 182, 659, and 662, 79th Congress, Public Law 427, 82d Congress, and Public Law 695, 83d Congress. Additional allowance or increased compensation or pension for nurse and attendant and adjustment of awards during institutionalization. Rates of pay for disability or death the result of training, hospitalization, or medical or surgical treatment under section 31, Public No. 141, 73d Congress, examination under section 12, Public Law 866, 76th Congress, and paragraph 4, Part VII, Veterans Regulation 1 (a), as amended (38 U. S. C. ch. 12A).

3.299

3.300

3.301

3.302

3.310

3.311

3.312

3.314

3.315

3.316

3.317

Entitlement to or continuation of award to child after reaching age of eighteen years when permanently incapable of self-support. Continuance of award to child pursuing a course of instruction after it reaches the age of eighteen years. Reduction or discontinuance of disability compensation or pension. Failure to report for physical examination.

Reduction when disabled person is in a Veterans' Administration institution or other institution at the expense of the Veterans' Administration. (Section 1, Public Law 662, 79th Congress). Adjustment of award of veteran upon termination of institutionalization by the Veterans' Administration. Reduction not authorized without

where veteran subsequently reports for physical examination.

Resumption of awards discontinued under section 1, Public Law 662, 79th Congress.

Readjustment of awards to incompetent veterans under section 1, Public Law 662, 79th Congress. Payments; to whom made. Institutional awards.

"Chief officer" defined.

Disappearance of incompetent veterans; payment to dependents. Determination of marital status, custody of child or children, or continuance of dependency. Discontinuance of additional compensation under Public Law 877, 80th Congress, as amended by section 4, Public Law 339, 81st Congress; effective dates.

Concurrent payment of benefits to same person.

Awards to custodians of incompetent or minor beneficiaries. Payment of compensation or pension to minors discharged from the military service.

Action where veteran returns to extended or other active duty status. Military and naval retirement pay. Civil Service retirement annuitants. Right of election.

APPORTIONMENTS

Apportionments authorized.

Table of apportionments.

Apportionment not authorized.

Action to be taken where payments have not been made under apportionments.

Special apportionments.

Effective dates of apportionments. Discontinuance of apportionments; effective dates.

3.1080 Pension laws in force on March 19, 1933, and as reenacted by Public Law 269, 74th Congress.

SECTION 31, PUBLIC NO. 141, 73D CONGRESS, SECTION 12, PUBLIC NO. 866, 76TH CONGRESS, AND PARAGRAPH 4, PART VII, VETERANS REGULATION 1 (A) (38 U. S. C. CH. 12A), PUBLIC NO. 2, 73D CONGRESS, AS AMENDED BY PUBLIC LAW 16, 78TH CONGRESS

3.1087 Rates; Spanish-American War, Philippine Insurrection, and Boxer Rebellion service.

3.1088 3.1089 Rates; service prior to April 21, 1898. AWARDS, AMENDMENTS, AND DISCONTINUANCES

Rates; peacetime service.

ORIGINAL AWARDS

3.1107 Public No. 269, 74th Congress; effective date.

3.1107b Public Law 108, 82d Congress. 3.1108 Rates of pension: Spanish-American War, Philippine Insurrection and/

or Boxer Rebellion.

COMMISSIONED OFFICERS AND ENLISTED MEN

3.1006 Public No. 2, 73d Congress. 3.1007 Public No. 141, 73d Congress, and

Sec. 3.1515 Adjudicative functions in furnishing data for determination of basic eligibility to hospitalization and/ or out-patient treatment of World War II veterans under Public Law 239, 82d Congress.

3.1516 Instructions relating to increases in statutory awards and the granting thereof to veterans suffering the anatomical loss or loss of use of a creative organ or suffering from arrested tuberculosis.

3.1517 Presumption of service connection

for active nonpulmonary tuberculosis under paragraph 1 (c), Part I, Veterans Regulation 1 (a) (38 U. S. C. ch. 12A).

3.1518 Prohibition against reduction of any rating of total disability or permanent total disability for compensation, pension, or insurance purposes which has been in effect for twenty or more years.

3.1519 To restore eligibility of certain citizens or subjects of Germany or Japan to receive benefits under veterans' laws.

3.1520 Principles governing the adjudication of disability claims under Public Law 463, 83d Congress. 3.1521 Instructions relating to the increase in monthly rates of disability compensation and pension. 3.1522 Instructions relating to the increase in the monthly rates of compensation under the General Law enacted July 14, 1862, and in the monthly rates of pension for veterans of the Spanish American War, Civil War, and Indian wars. 3.1523 Benefits under the laws administered by the Veterans' Administration based upon service in the WAAC under certain conditions. 3.1524 Instructions relating to the granting of statutory awards to veterans suffering the anatomical loss or loss of use of both buttocks.

AUTHORITY: §§ 3.0 to 3.1524 issued under sec. 5, 43 Stat. 608, as amended, sec. 2, 46 Stat. 1016, as amended, sec. 7, 48 Stat. 9; 38 U. S. C. 11a, 426, 707. Statutory provisions interpreted or applied are cited to text in parentheses.

SERVICE REQUIREMENTS

§ 3.0 World Wars I and II and service on or after June 27, 1950, and prior to February 1, 1955. (a) The beginning and termination dates of World War I are April 6, 1917, and November 11, 1918, but as to service in Russia the ending date is April 1, 1920. Except as to emergency officers retirement pay, reenlistment in the military or naval service on or after November 12, 1918, and before July 2, 1921 (August 28, 1919,

as to service in the United States Coast Guard), where there was prior active service between April 6, 1917, and November 11, 1918, shall be considered as World War I service under the laws providing compensation or pension for World War I veterans and their dependents.

(b) World War II shall comprise the period between December 7, 1941, to December 31, 1946, both dates inclusive (section 9 (a), Public Law 144, 78th Congress). Veterans Regulation 1 (a), Part I, as amended (38 U. S. C. ch. 12A), is applicable in determination of entitlement to disability compensation and allows wartime rates and criteria in cases (1) where there was service during the period December 7, 1941, through December 31, 1946, and (2) where service began during such period and continued thereafter, and disability occurred or resulted from injuries or diseases or aggravation of preexisting injuries or diseases in active service as to (1) during the period specified therein and as to (2) during the period beginning December 7, 1941, and ending at midnight on July 25, 1947. However, by virtue of Part II, Veterans Regulation 1 (a), as amended by Public Law 359, 77th Congress, as amended, disabilities incurred or aggravated in an enlistment or employment entered into on and after January 1, 1947, and suffered prior to or on the official termination of the war, July 25, 1947, are compensable at Veterans Regulation 1 (a), Part I, as amended, rates. The criteria governing serviceconnection or other conditions of entitlement in cases of this latter category will be those provided in Veterans Regulation 1 (a), Part II, as amended.

(c) Under the provisions of Public Law 28, 82d Congress, active service on or after June 27, 1950, and prior to February 1, 1955, entitles to compensation and pension on a parity with World War II service. Accordingly, all provisions of Veterans Administration Regulations applicable to World War II veterans for such benefits are equally applicable to veterans who served during this period. However, no payment under this act may be made prior to May 11, 1951.

[15 F. R. 5902, Aug. 31, 1950, as amended at 18 F. R. 2081, Apr. 14, 1953; 20 F. R. 7876, Oct. 19, 1955]

§3.1 Persons included in the acts in addition to commissioned officers and

enlisted men-(a) Field clerks, Quartermaster's Corps. Field clerks, Quartermaster's Corps, are included as enlisted men.

(b) Army field clerks. Army field clerks had the same military status as field clerks, Quartermaster's Corps, and are included as enlisted men.

(c) Philippine Scouts and others. Philippine Scouts, the Insular Force of the Navy, Samoan Native Guard, and Samoan Native Band of the Navy are within the terms of the acts, except that neither the Philippine Scouts nor the Insular Force of the Navy were, or are, included in Article II of the War Risk Insurance Act. However, Philippine Scouts enlisted under section 14 of Public Law 190, 79th Congress, approved October 6, 1945, are subject to the limitations contained in Public Law 391, 79th Congress. Benefits are accordingly limited to compensation payable for service-connected disability or death. Members of the organized military forces of the Government of the Commonwealth of the Philippines are included for purposes of the laws administered by the Veterans' Administration providing for the payment of compensation on account of serviceconnected disability or death from and after the dates and hours, respectively, that they were called into service of the Armed Forces of the United States by orders issued from time to time by the General Officer, United States Army, designated by the Secretary of War (sec. 2 (a) (12), Public No. 127, 73d Cong., and Pub. Law 301, 79th Cong.) This includes a person who became a member of a unit so called or ordered into the Armed Forces of the United States upon its reorganization and return to military control prior to July 1, 1946. It does not include the service of such a person during the period subsequent to his release following the capitulation or after parole by the Japanese as a prisoner of war, when he was in an inactive status, and prior to the time he joined a recognized guerrilla force or returned to military control as certified by the United States Armed Forces. Persons who served as guerrillas under a commissioned officer of the United States Army, Navy or Marine Corps, or under a commissioned officer of the Commonwealth Army recognized by and cooperating with the United States forces are also included: Pro

vided, That service as a guerrilla by a person who also was a Philippine Scout or a member of the Armed Forces of the United States, other than a member of the Commonwealth Army, will be considered as service in his regular status of Philippine Scout or member of the Armed Forces of the United States. The following certifications by the service department of "recognized" and "unrecognized" guerrilla service will be accepted as establishing guerrilla service: (1) Recognized guerrilla service; (2) unrecognized guerrilla service under a recognized commissioned officer only if the person was a former member of the United States Armed Forces (including the Philippine Scouts) or the Philippine Army. This excludes civilians. A certification of "anti-Japanese activities" will not be accepted as establishing guerrilla service. However, unless the record shows examination at time of entrance into the Armed Forces of the United States, such persons are not entitled to the presumption of soundness. This will also apply upon reentering the Armed Forces after a period of inactive service. Service of such Commonwealth forces in the United States Armed Forces was terminated as of June 30, 1946, by the military order of the President dated June 29, 1946. (Therefore, such Philippine Army service rendered on or after July 1, 1946, is not service in the United States Armed Forces within the purview of the laws administered by the Veterans' Administration.) Compensation

payable to members of the organized military forces of the Government of the Commonwealth of the Philippines, under the conditions set forth above, and to Philippine Scouts who enlisted or reenlisted under section 14, Public Law 190, 79th Congress, shall be paid at the rate of one Philippine peso for each dollar authorized to be paid under the laws providing for such compensation. The foregoing restriction is not applicable to officers who were commissioned in connection with the administration of Public Law 190, 79th Congress. All enlistments and reenlistments in the Regular Army between October 6, 1945, and June 30, 1947, inclusive, were made under the provisions of the cited law, as it constituted the sole authority for enlistments in the Regular Army during that time. Accordingly, all Philippine Scouts who enlisted or reenlisted between the cited dates should

be paid at the rate of one Philippine peso for each dollar authorized for disability incurred or aggravated during such enlistment or reenlistment. Where a veteran, who had Commonwealth Army or guerrilla service and also had other service, wartime or peacetime, in the Armed Forces of the United States, has compensable disabilities due to the service entitling to compensation on a peso basis and due to service entitling to compensation on a dollar basis, the disabilities will be combined as usual, applying the provisions of Part IV, Veterans Regulation 1 (a) (38 U. S. C. ch. 12A), where there is disability due to wartime and peacetime service. In computing the amount due, the evaluation for which dollars are payable will be first considered and the difference between this evaluation and the combined evaluation will be the basis for computing the amount due in pesos.

(d) Students in aviation camps. Students in aviation camps who were enlisted men are included.

(e) Commissioned officers, Public Health Service. Officers of the Public Health Service who were detailed for duty with the Army or Navy are included as officers in the active service. On or after November 11, 1943, commissioned officers of the Public Health Service, regular and reserve, who (1) are detailed for duty with the Army, Navy, or Coast Guard; (2) are serving in time of war outside the continental limits of the United States or in Alaska, regardless of whether the disability or death was suffered prior or subsequent to November 11, 1943: Provided, however, That benefits may not be awarded for any period prior to November 11, 1943; or (3) perform active service in time of war or of emergency involving the national defense (Pub. Law 492, 84th Cong.) and following the issuance of an Executive order declaring the commissioned corps of the Public Health Service a part of the military forces of the United States are also included. In regard to subparagraph (3) of this paragraph, the Executive order was published on June 29, 1945, effective July 29, 1945. Hence, on and after the latter date and to and including July 3, 1952, the above-described commissioned officers of the Public Health Service, with respect to active service performed, shall be considered as in active military or naval service and included within the acts administered by the Veterans Administration: Provided, however, That if

disability was incurred after July 25, 1947, and prior to May 11, 1951, the rates payable and criteria are those provided by Part II, Veterans Regulation 1 (a), as amended (38 U. S. C. ch. 12A). On and after May 11, 1951, the rates payable and criteria are those provided by Part I, Veterans Regulation 1 (a), as amended, including those who incurred disability after June 26, 1950. Commissioned officers of the Public Health Service retired for any cause during the period from July 29, 1945, to July 3, 1952, inclusive, are in the same category as retired officers of the Armed Forces with respect to benefits payable under the laws administered by the Veterans Administration and are therefore subject to the provisions of § 3.300.

(f) Male nurses, enlisted. Male nurses who were enlisted men of the Medical Department are included.

(g) Retired officers or men ordered to active duty. Officers and men on the retired list who were ordered to active duty by the War Department or Navy Department were in active service and are included.

(h) Personnel of Lighthouse Service. The personnel of the Lighthouse Service transferred to the service and jurisdiction of the War and Navy Departments by Executive Order pursuant to the act of August 29, 1916, are included. The Lighthouse Service was consolidated with the Coast Guard under the President's Reorganization Plan II of May 9, 1939, effective July 1, 1939. (53 Stat. 813)

(i) Army Nurse Corps, Navy Nurse Corps, and female dietetic and physical therapy personnel. Members of the Army Nurse Corps (female) and the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department. Female dietetic and physical therapy personnel (exclusive of students and apprentices) appointed with relative rank on or after December 22, 1942 (Public Law 828, 77th Congress), or commissioned on or after June 22, 1944 (Public Law 350, 78th Congress.)

(j) Alien beneficiaries. A veteran discharged for alienage during a period of hostilities is ineligible for benefits, unless he can establish that it was not pursuant to his own request. Where the character of the veteran's discharge is changed to honorable by a board established under the authority contained in