Page:United States Statutes at Large Volume 72 Part 1.djvu/1166

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PUBLIC LAW 85-857-SEPT. 2, 1958

[72 S T A T.

§ 342. Rates of peacetime death compensation For the purposes of section 341 of this title, the monthly rates of death compensation payable shall be equal to 80 per centum of the rates prescribed by section 322 of this title, adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar. § 343. Conditions under which wartime rates payable The dependents of any deceased veteran otherwise entitled to compensation under the provisions of this subchapter shall be entitled to receive the rate of compensation provided in section 322 of this title, if the death of such veteran resulted from an injury or disease received in line of duty (1) as a direct result of armed conflict, (2) while engaged in extrahazardous service, including such service under conditions simulating war, or (3) after Decembsr 31, 1946, and before .July 26, 1947, or (4) while the United States was engaged in any war before April 21, 1898. Subchapter VI—General Compensation Provisions § 351. Benefits for persons disabled by treatment or vocational rehabilitation Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, 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 own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were serviceconnected; except that no benefits shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred. § 352. Persons heretofore having a compensable status The death and disability benefits of this chapter shall, notwithstanding the service requirements thereof, be granted to persons heretofore recognized by law as having a compensable status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898. § 353. Aggravation 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 such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease. § 354. Consideration to be accorded time, place and circumstances of service (a) The Administrator shall 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.

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