Page:United States Statutes at Large Volume 48 Part 1.djvu/550

 524 73d CONGRESS. SESS. II. CH. 102. MARCH 28, 1934 . Veterans' provisions . TITLE III-VETERANS PR OVI SIO NS o Loss of use of both SEc. 26. Notwithstanding any provision of law to the contrary, in restoration of com- no event shall the compensation being paid on March 19, 1933, under p .ol43,p.618. subsections (3) and (5) of section 202 of the World War Veterans' Ante , p. 8. Act, 1924, as amended, to veterans for the loss of the use of both eyes, where such v eteran s were, exce pt by f raud, mistak e, or nusrep - resentation, in receipt of compensation on March 19, 1933, be reduced or discontinued, except in accordance with the regulations issued under the Act entitled "An Act to maintain the credit of the United States Government ", approved March 20, 1933, pertaining to hospitalized cases. Service c onnected SEC. 27. Where service connection for a disease, injury, or dis- disability, etc' ability not caused by his own willful misconduct was on March 19, Vol.43,p. 615. 1933, established in accordance with section 200 of the World War Veterans' Act, 1924, as amended, and such connection has been Ant e, p. 8. severed through the application of, or regulations or instructions prom ulgat ed un der P ubli c Law Numb ered 2, S event y-th ird C ongre ss, or Public Law Numbered 78, Seventy-third Congress, service connec- tion is hereby reestablished and as to such cases the provisions of the first paragraph of section 200 of the World War Veterans' Act, Service requirement. 1924, as amended, are hereby reenacted : Provided, That the provi- sions , sions of this section shall not apply (1) to persons entering the active military or naval service subsequent to the date of November so Not contrac ted in i1, 1918, (2) to persons as to whom clear and unmistakable evidence discloses that the disease, injury, or disability had inception before or afte r the period of ac tive m ilitar y or na val se rvice, unles s such disease, injury, or disability is shown to have been aggravated ser vic e connection, established by fraud . during service, (3) to persons as to whose cases service connection was established by fraud, clear or unmistakable error as to conclu- sions of fact or law, or misrepresentation of material facts ; and as to all such cases enumerated in this proviso, all reasonable doubts shall be resolved in favor of the veteran, the burden of proof being on the Government. SE C. 2 8. The fourth paragraph of section 20, Public Law Num- bered 78, Seventy-third Congress, is her eby amended to read as fol lo ws No reduction of pay- " Notwithstanding any of the provisions of Public Law Numbered nctted disabilities . 2, Seventy-third Congress, in no event shall the compensation being Ante, pp . 8,31a paid on March 19, 1933, for service-connected disabilities to those veterans who entered the active military or naval service on or before November 11, 1918, and whose disabilities are not the result of thei r own miscon duct, where they w ere, ex cept b y frau d, mis repre- sentation of a material fact, or unmistakable error as to conclusions of fact or law, in receipt of compensation on March 19, 1933, be reduced or discontinued, except in accordance with the regulations issue d und er Pu blic Law Numbe red 2, Se venty -thir d Co ngres s, pe r- Provisos_ taining to hospitalized cases : Provided, appli That the provisions of this ca bl benefits not section shall not a pply t o pers ons as to who m clea r and unmist akable evidence discloses that the disease, injury, or disability had incep- tion be fore o r afte r the period of ac tive mi litary or na val se rvice, Exception. unless such disease, injury, or disability is shown to have been Review of case aggra vated duri ng s ervic e ; and in any review of the case of any veteran to whom compensation was being p aid on March 19, 1933, B urden of proof. for service-connected disability, reasonable doubts shall be resolved in favor of the veteran, the burden of proof being on the Govern- Restoration of rate to ment : Provided further, That, sub j ect to the limitations above re- veteran whose service- > > J P c onnec ted disab ility is scribed, except as to receipt of compensation on March 19, 1933, established. and notwithstanding the provisions of Public Law Numbered 2,