Page:United States Statutes at Large Volume 71.djvu/138

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PUBLIC LAW 85-56-JUNE 17, 1957 PART F — GENERAL COMPENSATION

[71 S T A T.

PROVISIONS

BENEFITS FOR PERSONS DISABLED BY TREATMENT

SEC. 35L Where any veteran shall have sult'ered an injury, or an aggravation of an injury, as the result of vocational rehabilitation training, hospitalization, or medical or surgical treatment, awarded him under any of the laws administered by the Veterans' Administration, or as a result of having submitted to an examination under any such law and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability compensation under this title and dependency and indemnity compensation under the Servicemen's and Veterans' Sur3 8 USC*^i*io 1 vivor Benefits Act shall be awarded in the same manner as if such note* disability, aggravation, or death were service connected; except that jio benefits shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred. PERSONS H E R E TO FOR E H A VI N G A C O M P E N S A B L E STATUS

SEC. 352. The death and disability benefits of parts D and E shall, notwithstanding the service requirements of such parts, be granted to persons heretofore recognized by law as having a compensaole status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898. AGGRAVATION

SEC. 353. A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during active service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. O O N S l D E R A n O N TO BE ACCORDED T I M E, P L A C E, A N D C I R C U M S T A N C E S O F SERVICE

SEC. 354. (a) The Administrator is authorized and directed to include in the regulations pertaining to service-connection of disabilities, additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of his service as shown by his service record, the official history of each organization in which he served, his medical records, and all pertinent medical and lay evidence. (b) I n the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Administrator is authorized and directed to accept as sufficient proof of service connection of any disease or injury alleged to have Ijeen incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service connection in each case shall be recorded in full.

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