Executive Order 6098

VETERANS REGULATION NO. 10

Miscellaneous Provisions

Whereas, section 4, title I, of Public, No. 2, 73d Congress. "An act to maintain the credit of the United States Government provides: The President shall prescribe by regulation (subject to the provisions of section 1 (e) of this title) the date of the beginning and of the termination of the period in each war subsequent to the Civil War, including the Boxer Rebel- lion and the Philippine Insurrection, service within which shall for the purposes of this act be deemed war-time service. The President shall further prescribe by regulation the required number of days of war or peace-time service for each class of veterans, the time limit on filing of claims for each class of veterans and their dependents, the nature and extent of proofs and presumptions for such different classes, and any other requirements as to entitlement as he shall deem equitable and just. The President in establishing conditions precedent may prescribe different requirements or conditions for the veterans of different wars and their dependents and may further subdivide the classes of persons as outlined in section 1 of this title and apply different requirements or conditions to such subdivisions. Now, therefore, by virtue of the authority vested in me by said law, the following regulation is hereby promulgated: The beginning and termination dates of the wars shall be: The World War, April 6, 1917, and November 11, 1918, but as to service in Russia, the ending date shall be April 1, 1920; the Spanish-Amer- ican War, April 21, 1898, and August 13, 1898; the Philippine Insur- rection, August 13, 1898, and July 4, 1902, but as to engagements in the Moro Province, the ending date shall be July 15, 1903; the Boxer Rebellion, June 20, 1900, and May 12, 1901. The term "military or naval forces" shall mean the Army the Navy, the Marine Corps, the Coast Guard, the Naval Reserves the National Naval Volunteers, and all other branches of the United States service while serving pursuant to law with the Army or Navy. The term "person who served" shall mean a person, whether male or female and whether commissioned, enlisted, enrolled or drafted, who was finally accepted for active service in the military or naval forces of the United States, members of training camps author- ized by law, and such other persons heretofore recognized by statute as having a pensionable status. The term "veteran of any war" shall include the following persons: World War--Any officer, enlisted man, member of the Army Nurse Corps (female) or Navy Nurse Corps (female) who was em- ployed in the active military or naval service of the United States on or after April 6, 1917, and before November 12, 1918 provided, how- ever, if the person was serving with the United States military Forces in Russia the dates herein shall be extended to April 1, 1920; Spanish-American War--Any officer or enlisted man who was em- ployed in the active military or naval service of the United States on or after April 21, 1898, and before August 13, 1898, including those women who served as Army nurses under contracts on or after April 21, 1898, and before August 13, 1898, provided, that for the purposes of hospitalization the term "veteran of any war" shall include, per- sons who served overseas as contract surgeons of the Army on or after April 21, 1898, and before August 13, 1898; Philippine Insurrection-- Any officer or enlisted man employed in the active military or naval service of the United States, including those women who served as Army nurses under contracts, who actually participated in the Philip- pine Insurrection on or after August 13, 1898, and before July 5, 1902, provided, however, if the person was serving in the United States military forces engaged in the hostilities in the. Moro Province, the ending date shall be July 15, 1903; Boxer Rebellion--Any officer or enlisted man, including those women who served as Army nurses under contracts, employed in actual participation in the Boxer Rebel- lion or after June 20, 1900, and before May 13, 1901. The term "wife" or "widow" of a veteran of the Spanish- American War, the. Boxer Rebellion, or the Philippine Insurrection, shall mean a person who was married to the veteran prior to Septem- ber 1, 1922; of a World War veteran--who was married to the veteran prior to July 3, 1931; of a peace-time veteran--who was married to the veteran prior to the expiration of ten years subsequent to his dis- charge rfom the enlistment during which the injury or disease on account of which claim is being filed, was incurred. The term "child" shall mean a legitimate child or a child legally adopted, unmarried and under the age of sixteen years, unless prior to reaching the age of sixteen, the child becomes or has become permanently incapable of self-support by reason of mental or physical defect. The term "mother" or "father" shall mean a natural mother or father of the veteran, or mother or father of the veteran through legal adoption. An injury or disease will be deemed to have been incurred "in line of duty" when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in the active service in the military or naval forces, whether on active duty or on authorized leave for a period of time which does not materially interfere with the performance of his regular routine of duty, unless it appears that the injury or disease has been caused by misconduct on his part:--Provided, however, the requirement will not be met if it appears that at the time the injury was suffered or disease contracted, the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself without leave; (2) was absent from his organization or other post of military or naval duty on a furlough or leave of absence which materially interferes with the performance of regular routine of duty; (3) was confined under sentence of court martial or civil court or was resisting lawful arrest; (4) was relieved from all active performance of duty by command of his superior officer as a result of the intemperate use of drugs or alcoholic liquor or because of injury or disease contracted or suffered as a result of his own mis- conduct; (5) was acting in disobedience of the lawful orders of his superior officer or in violation of the rules and regulations of his organization; or (6) whether at his post or lawfully absent, if the injury or disease was in fact caused by something not involving misconduct but done in pursuing some private business or avocation. Where the injury or disease occurs while on leave, the burden of proof shall be on the claimant to show that it was incurred in the line of duty, but where the injury or disease occurs while at camp or post of duty, the burden shall be upon the Government to show that the disability was not in line of duty. A disability will be held to have resulted from misconduct when it is due to venereal disease, unless it is affirmatively shown that the disease was, in fact, innocently acquired, other than through the sexual relation, or when caused by an act of commission or omission, wrong in itself; or by an act contrary to the principles of good morals; or as a result of gross negligence, gross carelessness, alcoholism, drug addiction, self-infliction of wounds, etc. No person holding an office or position, appointive or elective, under the United States Government or the municipal government of the District of Columbia or under any corporation the majority of the stock of which is owned by the United States, shall be paid a pension or emergency officers' retirement pay, so long as he con- tinues to draw a salary from such employment, except (1) those receiving pension or emergency officers' retirement pay for disabil- ities incurred in combat with an enemy of the United States; and (2) those persons so employed whose pension is protected by the provisions of the act; however, the rate of pension as to this class shall not exceed $6.00 per month. No person entitled to pension or emergency officers' retire- ment pay under the provisions of this act, who resides outside the continental limits of the United States, exclusive of Hawaii, Alaska, and the Panama Canal Zone, shall while so residing receive more than 50 per centum of the amount of pension or emergency officers' retirement pay otherwise provided. Whenever the pension payable to or for the benefit of any person is terminated by the happening of the contingency upon which it is limited, the pension thereafter for the remaining benefi- ciary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries. Not more than one pension shall be payable to any one individual except that the receipt of a pension by a widow, child, or parent on account of the death of any person shall not bar the payment of a pension on account of the death of any other person. The Administrator of Veterans' Affairs is hereby authorized to incur necessary court costs and other expenses incident to pro- ceedings for the commitment of mentally incompetent veterans to a Veterans' Administration Hospital or Home when necessary for treatment or domiciliary purposes. The Administrator of Veterans' Affairs is hereby authorized to provide for necessary expenses in connection with the appointment of fiduciaries for incompetent or minor beneficiaries where to charge the estate of such incompetent or minor would unduly deplete such estate; and to incur necessary expenses in connection with the removal or supervision of such fiduciaries. The Administrator of Veterans' Affairs is hereby authorized to recognize representatives of the American Red Cross, the Amer- ican Legion, the Disabled American Veterans, the Grand Army of the Republic, the United Spanish War Veterans, Veterans of For- eign Wars, and such other organizations as he shall approve, in the presentation of claims. However, no such representative shall be recognized until a certificate has been filed in the Veterans' Admin- istration, under such rules as the Administrator of Veterans' Affairs may prescribe, certifying that no fee or compensation of whatsoever nature shall be charged veterans or the dependents of veterans for service rendered. The rules prescribed by the Administrator of Veteran' Affairs shall contain a provision requiring in each claim the filing of a power of attorney in such manner and form as the Administrator of Veterans' Affairs may prescribe. The Administrator of Veterans' Affairs is hereby author- ized, under such rules as he may prescribe, to recognize agents, attorneys, or other persons in the presentation of claims. The rules prescribed by the Administrator of Veterans' Affairs may require of such persons, agents, and attorneys, before being recognized as repre- sentatives of claimants, that they shall show that they are of good moral character and in good repute, possessed of the necessary quali- fications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their claims and the Administrator of Veterans' Affairs may, after notice and opportunity for a hearing, suspend or exclude from further practice before the Veterans' Administration any such person, agent, or attorney shown to be incompetent, disrepu- table, or who refuses to comply with the said rules and regulations, or who shall with intent to defraud, in any manner, deceive, mislead, or threaten any claimant, or prospective claimant, by word, circular, letter or by advertisement. The Administrator of Veterans' Affairs is further authorized to determine and pay fees in pension claims to such persons, agents, and attorneys, and to prescribe rules gov- erning entitlement to and the amount and mode of payment of such fees in accordance with sections 111, 114, and 115, title 38, U.S.C. The phrase "entitled to any benefits" as used in section 9, title I, Public No. 2, 73d Congress, means: Any person in receipt of monetary benefits on the date of enactments of this act whose right to receive monetary benefits con- tinues under the provisions of, and regulations issued pursuant to, this act. Any person whose claim heretofore or hereafter filed proceeds to an adjudication under this act resulting in an award of monetary benefits while such award continues. The phrase "participate in any determination or decision which respect to any claim for benefits under this title" as used in section 9, title I, Public No. 2, 73d Congress, means: Any person acting within the limits of constituted authority who is charged with the responsibility for determination or decision involving the exercise of discretion in the allowance or disallowance of monetary benefits. Any person acting within the limits of constituted authority who jointly with others having similar authority is charged with the responsibility for determination or decision involving the exercise of discretion in the allowance or disallowance of monetary benefits. The phrase "Veterans' Administration facilities" as used in section 6, title I, Public No. 2, 73d Congress, shall only include those facilities over which the Veterans' Administration has direct and exclusive jurisdiction, and such other facilities as the Adminis- trator of Veterans' Affairs may deem necessary to contract for in order to provide hospital care in emergency cases for, veterans of any war suffering from injuries or diseases incurred or aggravated in line of duty in active military or naval service, within the limits of such contracts, and contract facilities for women veterans of any war suffering from injuries or diseases incurred or aggravated in line of duty in the active military or naval service and contract facilities generally in the territories and possessions which are deemed reason- ably necessary by the Administrator of Veterans' Affairs in order to provide hospital treatment for veterans suffering from injuries or diseases incurred or aggravated in line of duty in the active military or naval service. The Administrator of Veterans' Affairs is hereby authorized to detail from time to time employees of the Veterans' Administra- tion to make examination into the merits of pension claims whether pending or adjudicated and to aid claimants in the preparation or presentation of their claims. Such person shall have power to ad- minister oaths, take affidavits, and certify to the correctness of papers and documents pertaining to the administration of title I of Public No. 2, 73d Congress. (A new paragraph XXI added by Veterans Regulation No. 10 (c).)

FRANKLIN D. ROOSEVELT THE WHITE HOUSE, March 31, 1933.

[No. 6098]