Page:United States Statutes at Large Volume 46 Part 1.djvu/1039

 996 SEVENTY-FIRST CONGRESS. SEss. II. CH. 849. 1930. disability in such service between April 6, 1917, and July 2, 1921, or to have s uffered an agg ravation of a preexisting neuropsychiatr ic disease, spinal meningitis, tuberculosis, paralysis agitans, encephalitis lethargica, or amcebic dysentery in such service between said dates, and said presumption shall be conclusive in cases of active tuberculosis disease and spinal meningitis, but in all other cases said presumption shall be rebuttable by clear and convincing evidence ; but nothing in claims avo wed for this proviso shall be construed to prevent a claimant from receiving disability later. the benefits of compensat ion and medic al care and tr eatment for a disability aue to these diseases of more than 10 per centum degree (in accordance with the provisions of subdivision (4) of section 202 of this Act) on or subsequent to January 1, 192 .5, if the facts in the case substantiate his claim. Disability al lowance "On and after the date of the approval of this amendatory Act for veterans serving 90 Y days, for injury not ac- any honorably discharged ex-service man who entered the service quired during service . prior to Nov ember 11, 191 8, and served ninety days o r more during the World War, and who is or may hereafter be suffering from a 25 per centum or more permanent disability, as defined by the direc- tor, not the result of his own willful misconduct, which was not acquired in the service during the World War, or for which compen- sation is not payable, shall be entitled to receive a disability allow- Rates. ance at the following rates : 25 per centum permanent disability, $12 per month ; 50 per centum permanent disability, $18 per month ; 75 per centum permanent disability, $24 per month ; total permanent No pa ymen ts r etro- disability, $40 per month . No disability allowance payable under activ e' this paragra ph shall comm ence prior to the date of t he passage of this amendat ory Act or th e date of app lication there for, and such Proviso. application shall be in such form as the director may prescribe Only if exempt from Provided, That no disability allowance under this paragraph shall be payment of Federal income tax. payable to any person not entitled to exemption from the payment of a Federal income tax for the year preceding the filing of appli- cation for such disability allowance under this paragraph. In any Disability allowance in lieu of compensation. case in whic h the amount of compensati on hereafter p ayable to any person for permanent disability under the provisions of this Act is less than the maximum amount of the disability allowance payable for a corresponding degree of disability under the provisions of this paragraph, then such person may receive such disability allowance in Bo th unlawful. lieu of compensation. Nothing in this paragraph shall be construed to allow the payment to any person of both a disability allowance and compensation during the s ame period ; and all payments made to any person for a period covered by a new or increased award of disability allowance or compensation shall be deducted from the amount pay- Te " r to m include "disa- dis a able under such new or increased award. As used in Titles I and bilit y all owan ce. " V of the World War Veterans' Act, 1924, as amended, the term `compensation' shall be deemed to include the term `disability allowance ' as used in this paragraph ." tio n c from Certificate of payment of The Secretary of the Treasury is hereby directed, upon the request i ncome tax. of the director to transmit to the director a certificate stating whether the veteran who is applying for a disability allowance under this paragraph was entitled to exemption from the payment of a Federal income tax for the year preceding the filing of application for the disabi lity al lowanc e, and such ce rtific ate sha ll be c onclus ive evi dence of the facts stated therei n. U. S . 45, CP .., 9ss p. . 1220; SEc. 12 . That section 201, subdivisions (f) and (1), of the World II Supp. IV, p. 532. War Veterans' Act, 1924, as amended (section 472, title 38, United Allow ance s in case States Code), be hereby amended to read as follows of death . 11 (f) If there is a dependent mother (or dependent father), $20, Dependent father or mother, or both, $30. The amount payable under this subdivision shall not Limitation, etc . . exceed he difference between the total amount payable to the widow

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