II. No clothing shall be furnished to any person admitted to a Veterans' Administration facility and while a member thereof except under the following conditions:

(a) Where the person is indigent and the furnishing of clothing is necessary to protect health or sanitation.

(b) Where the person requires special clothing made necessary by the wearing of prosthetic appliances.

III. To persons unable to defray the cost thereof, transportation and other necessary expenses incidental thereto will be supplied to cover travel to a Veterans' Administration facility for domiciliary or hospital care; to cover return travel to the place from which the person proceeded to the facility, when he is regularly discharged upon completion of such care; and to cover travel involved in a transfer, deemed necessary, from one Veterans' Administration facility to another. All such travel will be subject to grant of prior authorization therefor. In the event of the death of any person prior to his discharge from such care, transportation expenses (including preparation of the body) for the return of the body to the place of residence or the nearest National cemetery may be paid in the discretion of the Administrator of Veterans' Affairs when deemed necessary and as an administrative necessity.

IV. No person shall be entitled to receive domiciliary, medical, or hospital care, including treatment, who resides outside of the continental limits of the United States or its territories or possessions.

V. The Administrator of Veterans' Affairs is hereby authorized to provide such rules and procedure governing domiciliary or hospital care as he may deem proper and necessary.

VI. (A) Where any disabled veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or domiciliary care by the United States or any political subdivision thereof, the pension, compensation, or emergency officers' retirement pay shall not exceed $15 per month, provided that the amount payable for such disabled veteran entitled to pension for disability the result of injury or disease incurred after active military or naval service shall not exceed $6 per month, and provided further, that where any disabled veteran who is being furnished hospital treatment, institutional or domiciliary care by the United States or any political subdivision thereof, has a wife, child, or dependent parent the pension, compensation, or emergency officers' retirement pay may, in the discretion of the Administrator, be apportioned on behalf of such wife, child, or dependent parent, in accordance with instructions issued by the Administrator.

(B) Where any disabled veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or domiciliary care by the United States or any political subdivision thereof and shall be deemed by the Administrator of Veterans' Affairs to be insane, the pension, compensation, or emergency officers' retirement pay for such veteran shall be in the amounts specified in (A) above, provided that in any case where the estate of such disabled insane veteran derived from funds paid under the War Risk Insurance Act, as amended, the World War Veterans' Act, 1924, as amended, the Emergency Officers' Retirement Act of May 24, 1928, the several pension acts, Public, No. 2, 73d Congress, Public, No. 78, 73d Congress, or Public, No. 141, 73d Congress, equals or exceeds $1,500, further payments of such benefits will not be made until the estate derived from such funds is reduced to $500: Provided further, That all or any part of the pension, compensation, or emergency officers' retirement pay payable on account of such disabled insane

veteran may, in the discretion of the Administrator, and in accordance with instructions issued by the Administrator, be paid to the Chief Officer of the institution wherein the disabled veteran is being maintained, to be properly accounted for by said Chief Officer and to be used for the benefit of such disabled veteran; or may be paid to the guardian of such disabled veteran in accordance with the provisions of paragraph 1 of section 21 of the World War Veterans' Act, as amended; or, in the event the disabled veteran has a wife, child, or dependent parent, may, in the discretion of the Administrator, be apportioned on behalf of such wife, child, or dependent parent; or otherwise be disposed of in accordance with the provisions of paragraph 3 of section 21 of the World War Veterans' Act, as amended July 3, 1930.

(C) As to pension payable on account of service prior to the Spanish-American War, the provisions of this paragraph shall apply only in cases where the disabled veteran is being furnished hospital treatment, institutional or domiciliary care by the Veterans' Administration: Provided, however, That the amount payable while the veteran is in the institution shall be $15 per month in all cases. VII. Where a disabled person, entitled to pension or compensation under Public Laws Numbered 2, 78, and 141, 73d Congress, or emergency officers' retire ment pay, and his wife are not living together, or where the child or children are not in the custody of the disabled person; or, where, in death cases, the child or children are not in the custody of the widow, the amount of the pension, compensation, or emergency officers' retirement pay may be apportioned as may be prescribed by the Administrator of Veterans' Affairs.

VIII. The Administrator of Veterans' Affairs is authorized to continue hospital and domiciliary care of those persons properly admitted under the laws in effect prior to March 20, 1933, until such time as they may be discharged without jeopardizing their health or life. Veterans' Regulation No. 6 (a), Executive Order No. 6232, July 28, 1933; Veterans' Regulation No. 6 (b), Executive Order No. 6566, Jan. 19, 1934; Veterans' Regulation No. 6 (c), Executive Order No. 6775, June 30, 1934; Veterans' Regulation No. 6 (d)', Executive Order No. 6992, Mar. 19, 1935.

Orthopedic and prosthetic appliances are furnished to retired officers and enlisted men, civilian employees, and Army nurses under Veterans' Administration Regulation R-6115 (G) (1 F. R. 712, June 18, 1936).

The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante.

1149. Veterans' Regulation No. 7 (a); medical care, veterans of any war.— I. The Administrator of Veterans' Affairs, within the limits of Veterans' Administration facilities, is authorized in his discretion to furnish to honorably discharged veterans of any war, including the Boxer Rebellion and the Philippine Insurrection, and to men honorably discharged from the United States Army, Navy, Marine Corps, or Coast Guard, for disabilities incurred in line of duty, such medical, surgical, and dental services as may be found to be reasonably necessary for diseases or injuries incurred or aggravated in the line of duty in the active military or naval service. Such persons may also be furnished with such supplies, including dental appliances, wheel chairs, artificial limbs, trusses, and similar appliances, including special clothing made necessary by the wearing of prosthetic appliances, as the Administrator of Veterans' Affairs may determine to be useful and reasonably necessary, which dental appliances, wheel chairs, artificial limbs, trusses, special clothing, and similar appliances may be procured by the Veterans' Administration in such manner, either by purchase or manufacture, as the Administrator of Veterans' Affairs may deter136307-4037

mine to be advantageous and reasonably necessary. Veterans' Regulation No. 7 (a), Executive Order No. 6233, July 28, 1933.

The text of this section as published in the 1929 Edition, based on Act of February 28, 1929 (45 Stat. 1382), making appropriations for the support of the War Department, is not repeated in the corresponding act for the fiscal year 1932 or thereafter.

1150. Enforcement.-The Administrator of Veterans' Affairs, subject to the general direction of the President and in accordance with regulations to be issued by the President, shall administer, execute, and enforce the provisions of this title and for such purpose shall have the same authority and powers as are provided in sections 425, 430, 431, 432, 433, 434, 440, 442, 443, 444, 447, 450, 451, 453, 455, 457, 458, 459, 459a, 459c, 459d, 459e, 459f, title 38, U. S. C., and such other sections of title 38, U. S. C., as relate to the administration of the laws granting pensions. Sec. 7, Title I, act of Mar. 20, 1933 (48 Stat. 9); 38 U. S. C. 707.

Under the authority contained in this section, Veterans' Regulation No. 11 was promulgated in Executive Order No. 6099, March 31, 1933, dealing with the disclosure of information and furnishing copies of records.

The text of the first three paragraphs of this section as published in the 1929 Edition has been omitted. See note to 1137, ante.

The fourth paragraph, based on act of February 28, 1929 (45 Stat. 1383), making appro priations for the support of the War Department, 24 U. S. C. 116, is not repeated in the corresponding act for the fiscal year 1932 or thereafter. It has been eliminated from the (J. A. G. 010.3, Nov. 12, 1929, p. 273.)

code.

1151. Delegation of authority. The Administrator of Veterans' Affairs is hereby authorized in carrying out the provisions of Title I of this Act or any other pension Act to delegate authority to render decisions to such person or persons as he may find necessary. Within the limitation of such delegations, any decisions rendered by such person or persons shall have the same force and effect as though rendered by the Administrator of Veterans' Affairs. The President shall personally approve all regulations issued under the provisions of this title. Sec. 8, Title I, act of Mar. 20, 1933 (48 Stat. 10); 38 U. S. C. 708.

The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante.

1152. Procedure for filing claims.-Claims for benefits under this title shall be filed with the Veterans' Administration under such regulations, including provisions for hearing, determination, and administrative review, as the President may approve, and payment shall not be made for any period prior to date of application. When a claim shall be finally disallowed under this title and the regulations issued thereunder, it may not thereafter be reopened or allowed. Sec. 9, Title I, act of Mar. 20, 1933 (48 Stat. 10); sec. 32, Title III, act of Mar. 28, 1934 (48 Stat. 526); 38 U. S. C. 709.

The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante.

1153. Veterans' Regulation No. 2 (a); payment of accrued pension upon death.-V. Pension or emergency officers' retirement pay, not paid during the lifetime of the person entitled thereto, shall upon the death of such person be paid as follows: (a) Upon death of the veteran, first to the widow; second, if there is no widow, to his child or children under the age of eighteen years at his death; (b) upon death of the widow, to her children under the age of eighteen years at her death; (c) upon the death, prior to payment of all or any part of the apportioned amount, of an apportionee of a part of the veterans' pension or emergency officers' retirement pay, such apportioned amount not paid shall be payable to the veteran; (d) in all other cases no payment whatsoever of such

pension or emergency officers' retirement pay shall be made or allowed except so much as may be necessary to reimburse the person who bore the expense of burial: Provided, however, That no payment shall be made unless claim therefor be filed within one year from the date of the death of the person entitled and perfected by the submission of the necessary evidence within six months from the date of the request of the Veterans' Administration therefor. Such pension shall include only payments due and unpaid at the time of death under then existing ratings or decisions. Paragraph V, Part I, Veterans' Regulation No. 2 (a), Executive Order No. 6230, July 28, 1933.

Part I, Veterans' Regulation No. 2 (a), promulgated in Executive Order No. 6230 of July 28, 1933, as amended by Veterans' Regulation No. 2 (d), Executive Order No. 6990, Mar. 19, 1935, prescribes the effective dates of awards of pensions and sets forth the procedure for filing claims. Part II of this Regulation, as amended by Veterans' Regulation No. 2 (b), promulgated in Executive Order No. 6547 of January 2, 1934, and Veterans' Regulation No. 2 (c), promulgated in Executive Order No. 6606 of February 17, 1934, provides for review of claims on appeal.

Part III of this regulation, promulgated in Executive Order No. 6230, July 28, 1933, prescribes regulations for review of presumptive claims by special boards of review-section 20, act of June 16, 1933 (48 Stat. 309), post, 1162.

Payment of accrued pension on death is covered by Paragraph V, Part I, supra.

Such employees as may be designated by the Administrator are given authority to subpoena witnesses and to administer oaths by sections 300 and 301, Title III, act of June 29, 1936 (49 Stat. 2033).

Penalty for unlawfully charging fees in connection with prosecution of claims is prescribed by section 202, Title II, act of June 29, 1936 (49 Stat. 2032).

The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante.

1154. Retired emergency officers.-Notwithstanding the provisions of section 2 of this title, any person who served as an officer of the Army, Navy, or Marine Corps of the United States during the World War, other than as an officer of the Regular Army, Navy, or Marine Corps during the World War, who made valid application for retirement under the provisions of Public, No. 506, Seventieth Congress, enacted May 24, 1928, sections 581 and 582, title 38, United States Code, and who prior to the passage of this Act has been granted retirement with pay, shall be entitled to continue to receive retirement pay at the monthly rate now being paid him if the disability for which he has been retired resulted from disease or injury or aggravation of a preexisting disease or injury incurred in line of duty during such service: Provided, That such person entered active service between April 6, 1917, and November 11, 1918: Provided, That the disease or injury or aggravation of the disease or injury directly resulted from the performance of military or naval duty, and that such person otherwise meets the require ments of the regulations which may be issued under the provisions of this Act. Sec. 10, Title I, act of Mar. 20, 1933 (48 Stat. 10); 38 U. S. C. 710.

The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante.

Notes of Decisions

Review of allowed claims.-This section go beyond the statutory authority, and his and 1122, ante, evidently contemplate a removal from the list would be legal upon review of allowed claims under the Emer determination by proper authority that the gency Officers' Retirement Act. A regula previous rating was not proper, even tion requiring a showing that an officer though such determination were erroneous has been placed upon the Retirement List in fact. (1934) 37 Op. Atty. Gen. 400. through "proper" rating cannot be said to

1154a. Veterans' Regulation No. 5; retired emergency officers.-I. Any person who served as an officer of the Army, Navy, or Marine Corps of the United States during the World War, other than as an officer of the Regular Army, Navy, or

Marine Corps during the World War, who made valid application for retirement under the provisions of Public, 506, 70th Congress, enacted May 24, 1928, Sections 581 and 582, Title 38, United States Code, and who prior to the passage of Public, No. 2, 73rd Congress, has been granted retirement with pay, shall, subject to such other regulations as have been or may hereafter be issued, be entitled to continue to receive retirement pay at the monthly rate now being paid him if the disability for which he has been retired with pay resulted from disease or injury or aggravation of a preexisting disease or injury, incurred in line of duty during such service and is shown to have been heretofore properly rated: Provided, That such person entered active service between April 6, 1917, and November 11, 1918: Provided further, That the disease or injury or aggravation of the disease or injury directly resulted from the performance of military or naval duty and that the causative factor therefor is shown to have arisen out of the performance of duty during such service. Veterans' Regulation No. 5, Executive Order No. 6093, March 31, 1933.

1155. Offenses and penalties.-All offenses committed and all penalties or forfeiture incurred under the acts repealed by section 17 of this title may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made and any person who forfeited rights to benefits under any such acts shall not be entitled to any benefits under this title. Sec. 11, Title I, act of Mar. 20, 1933 (48 Stat. 10); 38 U. S. C. 711.

That whoever in any claim for benefits under this title or by regulations issued pursuant to this title, makes any sworn statement of a material fact knowing it to be false, shall be guilty of perjury and shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. Sec. 12, Title I, act of Mar. 20, 1933 (48 Stat. 10); 38 U. S, C. 712.

That if any person entitled to payment of pension under this title, whose right to such payment under this title or under any regulation issued under this title, ceases upon the happening of any contingency, thereafter fraudulently accepts any such payment, he shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both. Sec. 13, Title I, act of Mar. 20, 1933 (48 Stat, 10); 38 U. S. C. 713.

That whoever shall obtain or receive any money, check, or pension under this title, or regulations issued under this title, without being entitled to the same, and with intent to defraud the United States or any beneficiary of the United States, shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both. Sec. 14, Title I, act of Mar. 20, 1933 (48 Stat. 10); 38 U. S. C. 714.

1

Any person who shall knowingly, make or cause to be made, or conspire, combine, aid, or assist in, agree to, arrange for, or in any wise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, or writing purporting to be such, concerning any claim for benefits under this title, shall forfeit all rights, claims, and benefits under this title, and, in addition to any and all other penalties imposed by law, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both. Sec. 15, Title I, act of Mar. 20, 1933 (48 Stat, 11); 38 U. S. C. 715.

Every guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant or his estate, having charge and custody in a fiduciary capacity of money paid, under the provisions of this title, for the benefit of any minor or incompetent claimant, who shall embezzle the same in