Page:United States Statutes at Large Volume 76.djvu/996

 948

PUBLIC LAW 87-825-OCT. 15, 1962

^6 STAT.

Public Law 87-825 October IS, 1962

[H. R. 7600]

Veterans. Awards, effective dates* 72 Stat. 1226.

72 Stat. 1124; Post, p. 950.

72 Stat. 1225.

70A Stat. 116Ante, p. 509.

AN

ACT

ffiQ amend title 38, United States Code, to revise the effective date provisions relating to awards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3010 of title 38, United States Code, is amended to read as follows: "§ 3010. Effective dates of awards " (a) Unless specifically provided otherwise in this chapter, the effective date of an award basedlon an original claim, a claim reopened after final adjudication^ or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. " (b) The enective date of an award of disability compensation to a veteran shall be the day following the date of his discharge or release if application therefor is received within one year from such date of discharge or release. "(c) The effective date of an award of disability compensation by reason of section 351 of this title shall be the date such injury or aggravation was suffered if an application therefor is received within one year from such date. " (d) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension, where application is received within one ^ear from the date of death, shall be the first day of the month in which the death occurred. "(e) The effective date of an award of dependency and indemnity compensation to a child shall be the first day of the month in which the child's entitlement arose if application therefor is received within one year from such date. " (f) An award of additional compensation on account of dependents based on the establishment of a disability rating in the percentage evaluation specified by law for the purpose shall Be payable from the effective date of such rating; but o n l j if proof of dependents is received within one year from the date of notification of such rating action. " (g) Subject to the provisions of section 3001 of this title, where compensation, dependency and indemnity compensation, or pension is awarded or increased pursuant to any Act or administrative issue, the effective date of such award or increase shall be fixed in accordance with the facts found but shall not be earlier than the effective date of the Act or administrative issue. I n no event shall such award or increase be retroactive for more than one year from the date of application therefor or the date of administrative determination of entitlement, whichever is earlier. " (h) Where an award of pension has been deferred or pension has been awarded at a rate based on anticipated income for a year and the claimant later establishes that income for that year was at a rate warranting entitlement or increased entitlement, the effective date of such entitlement or increase shall be fixed in accordance with the facts found if satisfactory evidence is received before the expiration of the next calendar year. " (i) Whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10, or the change, correction, or modification of a discharge or dismissal under section 1553 of title 10, or from other corrective action by competent authority, the effective date of commencement of the benefits so awarded shall be the date on which an

�