Page:United States Statutes at Large Volume 44 Part 1.djvu/2091

 2077 _ TITLE 38.--—PEA'SIOA’S, BONUA In l0_1>er·~<_;€ntug degree (ln accordance with mtlie provisions of Subdivision (4) Bf S€€'l2i0¤ 202 Of this ACt") cm" or subseqiieut te January 1, 1925, if the facts in the case substantiate" his claim. ”(,June 7, 1924, c. 320, § 200,, 43 Stat. (i1,5`;41\Iar. g4, 1925,, c. 553, § 6, 43 Stun 1304; July 2, 1926, e; 723, §‘ 7, 44 Stat. 793.), S¢ct&e¤_’471'af Title 38 am¢‘nded.·——The statutory provision constituting { 471 of Title 38 et the. Code has been amended by Act et July 2, 1e26, c. $23, s 7, 54 Stat. 793, to reed ns above. ·· `· 472. Death resulting from injury; amounts payable; burial allewsnces; peyments to widower ch_ildren;‘veterans of other u*ars;-—If death results fromlnjury- ’ " · l If the deeensed len-ves la wld0xp* mr vhild. or if he leaves a umther or father either or both dependent upon khim. fm} support, the monthly compensation shall be the following amounts; {sl) If there is n widow but no ohild, $39. · _ - _ · j;j;)* If there is uxwidowund one child, $40, with $6 for each additional child, · -— e l, F " .\  Y (_e) If there is" no widow,-'but one child, $20. 1 _ '(d) If there is ¤o`wmow,,1»ut two chilclifen. $30. V » (e) I! there is ’n0 tvidoyv, but three children, $-10, 'vgith ’$5 fur each udditiounlcliild. ‘ "   {_  ‘ __ W "(f)’ If there ie a dependent mother lor dependent father), $2), or both, $30. The nmuunt payable under tliis subdivision shall not €X(t€€d·u18_dlg€!€HC£ between the total uuieunt payable to the widow and children and the sum of $75. _Such c6mpensa~ tion eliuli be payable, whether the dependency of tbe father or mother er both arises before or after the death of the person, ` but no (!G11l{)`bBS8GOH`Sh8Il be payable if fthe depcndenqy arises morethau live years after the death of the person; .` ’ (1) It death ,0écur’ 01* shell have 0(·éurred` subsequent to Afifilf 6, 1917, and before discharge or resignation from the service; the United Stutee·’__Veteraus" Bureau shall puey for burial and funeral expenses und the return of body to his home u sun: not to exceed $10*Q, as muy; be Hxed by, regulation. Where a Jeteran of any "wur, including those women who eerred as Army uurew under contracts between; April *21, 1898, and Febmnry 2, 1901, who `wne not tliehonorably discharged, dim after discharge or ,r@ignatio,n from the service underlines not leave aemts which, in the judgment of the director, should be applied to meet the expenses ollburlult and funeral and the `transportation of the body (tliedecioion of the director to be binding terball purposes); the United Stutee Vekerune Buregnu shall my the teHowiug sums: For n dug tedmpe tlie casket, . and after burial to be given to the next of kin of the deeeused, ‘ afsum not exceeding $7; nléo, for burial und funeral expenses and the trnuspertntion pt the body ‘(ineludlng_ urepurution of the body) to the piece of burial, u sum not exceeding $100 tb cover uueh items and to be paid to such pergion or persons `ne may be dxed by regu1ntione:lPrmrid¢d,' '1‘hut,when nucl: person dies while. the burmu compensuuou or voce- `tionnl trelulng, the a.h0ve·benedtS‘ shell be payable in all eases: Proeiwd further, That where eucli person, while receiving , fren: the bureau medical, surgical, or hospital treatment, or voeutionul training, dim away from borne und et the piece to _vi*l1 icb he wee erderalby tn§3reeu,»or while traveling under i urders of the burmu, tlie  e. benedtseball be payable Flu 'ull m  ·: und in addition thereto the actuul and neeeeeary met ‘ot_ the `truuugicrtatleu of the body of the person lioeiooxng Drepnrudou of the body) to tue place ot burial, within the oontlnentel limits not tbei[United States, its Territories, or poemelene, and including also, in the dieeretiou ot the di- Q recter, theuctdnl und Qnecmry cost or transportation ofun in nttenduzite And pmeid@ tui·¢he:~,e Tlint I10”* neeruecl pension, .· Gempensutio, or ineurunée due et the time of deutli shall be deducted  the gum ullewed. _ i ; ‘   · T · ”"SulSdiviolon (,4) oi section 202 ettliie ..~\ct’~’ should be tune lated ·* section 414 of this title!] \ i

ms, A;v11 vz·:a*1a1clms# 1cE1.11=:F §473 (2) Tliopaynient of compensation to :1 véitlow shall continue until her death or 1`(?I1l1ll’I‘i8g0; and the payment of compensation to a parent shall continue to the death of such potent. ~ (3) €l?he_·puyment of componszition to or for n`child shall continue until sueh child reaches the ago of eighteen years or marries, ozj if·suc·l1 child be perznsnontly incooble of selfsupportibyirenson of mental or physienl defect, then during t such iiicnpncity. “ 4,  ‘ M (44), Whcmever the compensation payable to or for the benefit: of any person under the peovisions of this section is terminated `hy tho haqipcninjg of the contingency upon which it is limited, ~tho’ conipxmsution there:1ftei·` fosthe remaining beneticinry or »l>cnoiicizu·ies, if any, shall bo_t.ho amount which would have been » payable to them“if,,tl1oy had been the sole_o1?iginal beneficiaries. ' (Q) As between the wiélow.nnd the children not in her Custody, _ and ns (between clxildren, the' amotmt of compensation shall be jnpportioniegl as mny be proseribed by {regulation. ..(6) "The torni ‘“wiclow,»" as used in this section, shall not include one who shall hnvo married the {deceased later than ten years after July 2, 1921,* and shall include widower whenever his condition is sutjrthat if tho deceased person weeeplieing he would h8VQ»_b(?€i1`dQ[)€Hd€H[ upon her for snpport. » (V7) That. this "section shall he- deemed_·tu he in effect as of April 6, 1917: Pr0·v}idcd, however, Thst the receipt of o gratuity, pension, or compensation; including adjusteel.com;>e:xsntion, by widow, child, mtparenit', on nccount of the death, disability, or_ ' service of any Dérson shall not bnrfthe imyment of compensation on account of the death or disability of any other person: Provided, That before compensation under this section shall be paid the claimant shall mst surrender allelaim to nnytgratnity or pension} payable under any other lnwoon nceonnt of the death of the same person :` Pirowded furfhef, That no changes in rates _ ..0r compensation mode by this Act " shall obo retroactive in ef; feet. (June. 7; 1924, ct-. 320, S 201, {13 Stat,·616; Mor. 4, 1925; c. 553, §~7, .43 Stat. 13051; July 2,1926, c. 723, § 8, 44 Stat. 794.] __ l 0 t Section :472 of Title, 38 I&¢!\d£d.-—-LTHB ststnttoerjr provision consti- _ tuting §" 412 "oi‘»Title 38, of the _Code' has been amended by mc;/ot July 2,_1926,ec. 723: 5 8, 44 Stat. '•‘94,"’to read as shove. ffhe ’ amendment relates to paragraph (1). ) i 473. Disability resulting from injury; total and permanent disability; loss of both eyes; loss of use of both eyes ond one or more limbs; tubercnlnr ex-service men.—————Ii ondii while the disability is mted· as totsl ond permanent, the rate of enm- `pensntion shall be $100 per month: »Pw*ovided, ho:2se—eer.° 'fhnt the permanent loss of the  of both feet. or both hands, ioryof both eye_s,·’or of one foot and one {hand, og of one tootlnnd one eye, or of ono, hand and one eye, or the lossof heéring of both ears, or the organic loss of speeeh, or bocomingpermenently — helplessor perxnancntljr hedridden, shell he deemed to he total, t permanent disnbillty: I’rov·ided furtiwr, That the compensation f forothe loss of the use of both eyes shall be $150‘pe:·;n1onth, and that compensniton_for the loss of the fuse of both eyes and one ormore limbs shall he $200 per nmonth: Prooieledsfitrthter, That for double total, permanent .disnbility the mts of conipensotion slmll he $200 per month: Q o ‘ ` · — T ·'1`hnt any ex—serviee man shown to ho_ve·n tnbereulous disease N of eompénssble degree, and who has been hospgtsllzedw for ef 0 periodof one year, and who in thé judgment of the direetor will i not greooh a comzlition of nrnest hy furthe; hospitalization, and ivhose disclnsrge fnsum hospitalization will not be prejndieigl to . the henéti<.·ioji·y or his family, and who isnot, in the joagmenc ot theodlreotor, feasible for training, shall, upon his request, the discharged fpom hospitalization anclrnted as temporarily _ totally dlsnbledgsnid noting to continue for the period of three _ years: Pi·ov£d,ed, Izloeoeoer, That nothing in this sixbtlitisfion shell deny the benencisry the right, upon pifesentlttion of sntisfnetory 9 ‘: This Act " should he translated " the provisions ol? this t:hnptex.”·