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Claimants required to report when

requested. Reexaminations for disability rating

purposes. Reexaminations in claims for in

creased pension or compensation. Rating of change in diagnosis of

diagnostic center. DISALLOWANCE AND AWARDS New and material evidence presented

after prior disallowance. What constitutes new and material

evidence. 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. Annual income questionnaires. Readjustment of awards of death

pension where annual income is a

factor. Section 202 (15), World War Veter

ans' Act, 1924, as amended, reenacted by Public No. 141, 730

Congress. Statutory awards, section 202, World

War Veterans' Act, 1924, as amend. ed, as reenacted by Public No. 141,

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Entitlement to or continuation of

award to child after reaching age of eighteen years when perma

nently incapable of self-support. Continuance of award to child pur

suing a course of instruction after

it reaches the age of eighteen years. Reduction or discontinuance of dis

ability compensation or pension. Failure to report for physical exami

nation. 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

reexamination. Resumption of suspended award

where veteran subsequently reports

for physical examination. Resumption of awards discontinued

under section 1, Public Law 662,

79th Congress. Readjustment of awards to incom

petent veterans under section 1,

Public Law 662, 79th Congress. Payments; to whom made. Institutional awards. “Chief officer" defined. Disappearance of incompetent vet

erans; payment to dependents. Determination of marital status, cus

tody of child or children, or con

tinuance of dependency. Discontinuance of additional com

pensation under Public Law 877, 80th Congress, as amended by section 4, Public Law 339, 81st Con

gress; effective dates. Concurrent payment of benefits to

same person. Awards to custodians of incompe

tent or minor beneficiaries. Payment of compensation or pension

to minors discharged from the mil

itary service. Action where veteran returns to ex

tended 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 APPEALS Sec. 3.328 Merger of administrative appeals in

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73d Congress.
Special monthly compensation speci-

fied by or fixed pursuant to para-
graph 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, hospitaliza-
tion, or medical or surgical treat-
ment under section 31, Public No.
141, 73d Congress, examination un-
der section 12, Public Law 866, 76th
Congress, and paragraph 4, Part
VII, Veterans Regulation 1 (a), as
amended (38 U. S. C. ch. 12A).

have not been made under appor

tionments.
Special apportionments.
Effective dates of apportionments.
Discontinuance of apportionments;

effective dates.

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veterans' appeal. 3.329 Restriction as to change in payments

pending determination of admin

istrative appeals. 3.330 Finality of decisions. 3.333 Submission of additional evidence

within the appeal period or prior to

appellate decision. EMERGENCY OFFICERS RETIREMENT CLAIMS 3.350 Adjudication of benefits in emer

gency officers retirement claims. 3.351 Service required to establish title to

emergency officers retirement pay. 3.353 Disability incurred while serving as

enlisted man or commissioned ofi

cer. 3.355 Physical examinations on emergency

officers retirement claims. 3.356 Subsequent findings of combat incur

rence or disability due to explosion of instrumentality of war or due to an instrumentality of war by adjudicating agencies of origi

nal jurisdiction. 3.358 Public Law 212, 72d Congress, as

amended. 3.359 Statutory allowance not payable. SERVICE REQUIREMENTS (VETERANS CLAIMS

DIVISION, VETERANS BENEFITS OFFICE, D. C.) BEGINNING AND ENDING DATES OF WARS (ALL

DATES INCLUSIVE) 3.1000 Spanish-American War. 3.1001 Boxer Rebellion. 3.1002 Philippine Insurrection, 3.1003 Indian wars. 3.1004 Civil War. PERSONS INCLUDED IN THE ACTS IN ADDITION TO

COMMISSIONED OFFICERS AND ENLISTED MEN

Sec. 3.1030 Identification of beneficiaries under

special acts. DETERMINATIONS AS TO BASIC ENTITLEMENT 3.1039 Type of discharge required; special

act to correct military record. 3.1040 Types of discharges for service pen

sion (Spanish-American War, Boxer Rebellion, Philippine Insurrec

tion, Civil War, and Indian wars). 3.1041 Joint Resolutions of July 1, 1902, and

June 28, 1906. 3.1042 Desertion. 3.1043 No forfeiture under pension laws in

force March 19, 1933. 3.1044 Misconduct. 3.1056 Public No. 269, 74th Congress. 3.1057 Service prior to April 21, 1898.

AID AND ATTENDANCES 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, SEC

TION 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, Phil

ippine Insurrection, and Boxer Re

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

ORIGINAL AWARDS

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

Public No. 269, 74th Congress, and
Veterans Regulation 1 (f) (38

3.1107 Public No. 269, 74th Congress; effec

tive date. 3.1107b Public Law 108, 82d Congress. 3.1108 Rates of pension: Spanish-American

War, Philippine Insurrection and/

or Boxer Rebellion. 3.1109 Indian wars. 3.1110 Rates of pension; Indian wars. 3.1114 Peacetime service subsequent to April

20, 1898.

AMENDED AWARD

3.1135 Public Law 269, 74th Congress; In

dian wars; Civil War; and peace

time prior to April 21, 1898. 3.1140 Restoration and renewal. 3.1141 Fiduciary awards. 3.1145 Special acts.

RESTRICTIONS 3.1171 Concurrent with special acts. 3.1188 Special acts.

APPORTIONMENT

8.1221 Public Law 262, 77th Congress (act

of September 26, 1941).

PROVISIONAL REGULATIONS 3.1500 Procurement of automobiles and Sec. 3.1615 Adjudicative functions in furnishing

U.S. C. ch. 12A). 3.1009 Indian wars. 3.1010 Civil War (act of June 9, 1930).

COMPUTATION OF SERVICE

3.1017 Spanish-American War, Boxer Re

bellion, or Philippine Insurrec

tion; Public No. 2, 73d Congress. 3.1018 Spanish-American War, Boxer Re

bellion, or Philippine Insurrec-
tion; Public Law 269, 74th Con-

gress, as amended.
3.1021 Indian wars.
3.1022 Civil War.
3.1023 Special act.
3.1024 Service to date of disbandment or

actual discharge.

JURISDICTION
3.1025 Jurisdiction of the Veterans Claims

Division, Veterans Benefits Office,
D. C.

other conveyances for disabled
veterans.

data for determination of basic eligibility to hospitalization and/ or out-patient treatment of World War II veterans under Public Law

239, 82d Congress. 3.1616 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 citi

zens or subjects of Germany or Japan to receive benefits under

veterans' laws. 3.1520 Principles governing the adjudica

tion 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 adminis

tered 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 oficers 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

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

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