violation of his trust, or convert the same to his own use, shall be punished by a fine not exceeding $2,000 or imprisonment at hard labor for a term not exceeding five years, or both. Sec. 16, Title I, act of Mar. 20, 1933 (48 Stat. 11); 38 U. S. C. 716. The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante. 1156. Repeal and reenactment of prior laws.—All public laws granting medical or hospital treatment, domiciliary care, compensation and other allowances, pension, disability allowance, or retirement pay to veterans and the dependents of veterans of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, and the World War, or to former members of the military or naval service for injury or disease incurred or aggravated in the line of duty in the military or naval service (except so far as they relate to persons who served prior to the Spanish-American War and to the dependents of such persons, and the retirement of officers and enlisted men of the Regular Army, Navy, Marine Corps, or Coast Guard) are hereby repealed. Sec. 17, Title I, act of Mar. 20, 1933 (48 Stat. 11); 38 U. S. C. 717. The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante. Notes of Decisions Held that it was not intended thereby to repeal "automatic insurance" granted by sec. 401 of the War Risk Insurance Act, as amended, in the case of soldiers of the World War who died or became permanently disabled without having applied for insurance within 120 days after entrance into or employment in active service. U. S. v. Jackson (1938), 302 U. §. 628. Scope of repeal.-Sec. 17 of the Economy | hereby repealed Act of March 20, 1933, declared that "All public laws granting medical or hospital treatment, domiciliary care, compensation and other allowances, pension, disability allowance, or retirement pay to veterans and the dependents of veterans of the World War, are hereby repealed, and all laws granting or pertaining to yearly renewable term insurance are 1157. Protected awards.-* * The provisions of this title shall not apply to compensation or pension (except as to rates, time of entry into active service and special statutory allowances) being paid to veterans disabled, or dependents of veterans who died as the result of disease or injury directly connected with active military or naval service (without benefit of statutory or regulatory presumption of service connection) pursuant to the provisions of the laws in effect on the date of enactment of this Act. The term "compensation or pension" as used in this paragraph shall not be construed to include emergency officers' retired pay referred to in section 10 of this title. Sec. 17, Title I, act of Mar. 20, 1933 (48 Stat. 11); 38 U. S. C. 718. The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante. 1158. Veterans' Regulation No. 4; protected awards.-I. The provisions of Title I, Public, 2, 73rd Congress, and the Regulations issued pursuant thereto, shall not be applicable to any claim wherein compensation or pension is being paid based on a finding heretofore made pursuant to law that the injury or disease causing disability or death was directly connected with active military or naval service, except where, under the provisions of Title I, Public, 2, 73rd Congress, and Regulations issued pursuant thereto, the rate of disability or requirement as to time of entry into active service has been changed or payment is based on a statutory allowance. The protection afforded by Section 17 is not applicable to any claim wherein the injury or disease causing disability or death has been connected with active military or naval service by virtue of any statutory or regulatory presumption of service connection. Veterans' Regulation No. 4, Executive Order No. 6092, Mar. 31, 1933. The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante. * and 1159. Repeal of provisions for yearly renewable term insurance.— all laws granting or pertaining to yearly renewable term insurance are hereby repealed, but payments in accordance with such laws shall continue to the last day of the third calendar month following the month during which this Act is enacted. The Administrator of Veterans' Affairs under the general direction of the President shall immediately cause to be reviewed all allowed claims under the above-referred-to laws and where a person is found entitled under this Act, authorize payment or allowance of benefits in accordance with the provisions of this Act commencing with the first day of the fourth calendar month following the month during which this Act is enacted and notwithstanding the provisions of section 9 of this Act, no further claim in such cases shall be required: Provided, That nothing contained in this section shall interfere with payments heretofore made or hereafter to be made under contracts of yearly renewable term insurance which have matured prior to the date of enactment of this Act and under which payments have been commenced, or on any judgment heretofore rendered in a court of competent jurisdiction in any suit on a contract of yearly renewable term insurance, or which may hereafter be rendered in any such suit now pending. Sec. 17, Title I, act of Mar. 20, 1933 (48 Stat. 11); 38 U. S. C. 717. * Veterans' Regulation No. 8, promulgated in Executive Order No. 6096, March 31, 1933, setting forth the exceptions to the provisions of this section repealing all laws granting or pertaining to yearly renewable term insurance, was cancelled by Executive Order No. 6776, June 30, 1934 (Veterans' Regulation No. 8 (A)). By sec. 1, independent offices appropriation act of June 16, 1933 (48 Stat. 302), as amended by act of February 24, 1938 (52 Stat. 81), the Administrator of Veterans' Affairs was authorized to make payments on term insurance contracts in litigation on that date in accordance with judgments thereon agreed to by the Attorney General of the United States. Notes of Decisions Constitutionality.--Statute repealing all laws granting or pertaining to war-risk yearly renewable term insurance held unconstitutional as taking away contractual right, not merely remedy of suit against United States. (Const. art. 1, sec. 10, clause 1 and Amend. 5.) Lynch v. U. S. (1934), 292 U. S. 571. Statute repealing all laws granting or pertaining to war risk yearly renewable term insurance will not be given effect to extent of taking away remedy for enforcement of contractual rights, repeal of which is void. Id. 1160. Regulations to have force of law. The regulations issued by the President under this title which are in effect at the expiration of two years after the date of enactment of this Act shall continue in effect without further change or modification until the Congress by law shall otherwise provide. Sec. 19, Title I, act of Mar. 20, 1933 (48 Stat. 12); 38 U. S. C. 720. The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante. 1161. Regulations to be reported to Congress.-The President shall transmit to the Congress, as soon as practicable after the date of their issue, copies of all regulations issued pursuant to this title. Sec. 20, Title I, act of Mar. 20, 1933 (48 Stat. 12); 38 U. S. C. 721. The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante. 1162. Review of awards and saving provisions.-The President is hereby authorized under the provisions of Public Law Numbered 2, Seventy-third Congress, to establish such number of special boards (the majority of the members of which were not in the employ of the Veterans' Administration at the date of enactment of this Act), as he may deem necessary to review all claims (where the veteran entered service prior to November 11, 1918, and whose disability is not the result of his own misconduct), in which presumptive service connection has heretofore been granted under the World War Veterans' Act, 1924, as amended, wherein payments were being made on March 20, 1933, and which are held not service connected under the regulations issued pursuant to Public Law Numbered 2, Seventy-third Congress. Members of such boards may be appointed without regard to the Civil Service laws and regulations, and their compensation fixed without regard to the Classification Act of 1923, as amended. Such special boards shall determine, on all available evidence, the question whether service connection shall be granted under the provisions of the regulations issued pursuant to Public Law Numbered 2, Seventy-third Congress (notwithstanding the evidence may not clearly demonstrate the existence of the disease or any specific clinical findings within the terms of or period prescribed by regulation 1, part 1, subparagraph (c) or instruction numbered 2, regulation numbered 1, issued under Public Law Numbered 2, Seventy-third Congress), and shall in their decisions resolve all reasonable doubts in favor of the veteran, the burden of proof in such cases being on the Government. Notwithstanding the provisions of section 17, title I, Public, Numbered 2, Seventy-third Congress, any claim for yearly renewable term insurance on which premiums were paid to the date of death of the insured and any claim for pension, compensation allowance, or emergency officers' retirement pay under the provisions of laws repealed by said section 17 wherein claim was duly filed prior to March 20, 1933, may be adjudicated by the Veterans' Administration on the proofs and evidence received by the Veterans' Administration prior to March 20, 1933, and any person found entitled to the benefits claimed shall be paid such benefits in accordance with and in the amounts provided by such prior laws, provided that the payments hereby authorized to be made shall continue only to include June 30, 1933, and only one original adjudicatory action and one appeal may be had in such cases. Where a veteran died prior to March 20, 1933, under conditions which warrant the payment of, or reimbursement for, burial expenses, such payment or reimbursement may be made in accordance with the laws in effect prior to March 20, 1933, provided that claim for such payment or reimbursement must be filed within three months from the date of passage of this Act. Notwithstanding the provisions of Public Law Numbered 2, Seventy-third Congress, the decisions of such special boards shall be final in such cases, subject to such appellate procedure as the President may prescribe, and, except for fraud, mistake, or misrepresentation, 75 per centum of the payments being made on March 20, 1933, therein shall continue to October 31, 1933, or the date of special board decision, whichever is the earlier date: Provided, That where any case is pending before any one of the special boards on October 31, 1933, the President may provide for extending the time of payment until decision can be rendered. The President shall prescribe such rules governing reviews and hearings as may be deemed advisable. Payment of salaries and expenses of such boards and personnel assigned thereto shall be paid out of and in accordance with appropriations for the Veterans' Administration. Notwithstanding any of the provisions of Public Law Numbered 2, Seventythird Congress, in no event shall the compensation being 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 their own misconduct, where they were, except by fraud, misrepresentation 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 issued under Public Law Numbered 2, Seventy-third Congress, pertaining to hospitalized cases: Provided, That the provisions of this section shall not apply to persons as to whom clear and unmistakable evidence discloses that the disease, injury, or disability had inception before or after the period of active military or naval service, unless such disease, injury, or disability is shown to have been aggravated during service; and in any review of the case of any veteran to whom compensation was being paid on March 19, 1933, for service-connected disability, reasonable doubts shall be resolved in favor of the veteran, the burden of proof being on the Government: Provided further, That, subject to the limitations above prescribed, except as to receipt of compensation on March 19, 1933, and notwithstanding the provisions of Public Law Numbered 2, Seventy-third Congress, or any other law, veterans whose disease, injury, or disability is established on or after this paragraph as amended takes effect as service-connected in accordance with the provisions of section 200 of the World War Veterans' Act, 1924, as amended, shall be entitled to receive compensation in accordance with the provisions of such Act, as amended, and the rating schedule in effect on March 19, 1933; but veterans whose disease, injury, or disability is reestablished as service-connected under such section 200 by section 27 of Title III of the Independent Offices Appropriation Act, 1935, shall be paid 75 per centum of the compensation under the provisions of the World War Veterans' Act, 1924, as amended, and such rating schedule: Provided further, That whenever there is a change in the degree of disability of any such veteran the amount of compensation to be paid shall be determined pursuant to the provisions of the World War Veterans' Act, 1924, as amended, and the rating schedule in effect on March 19, 1933, and such amount shall not be reduced or discontinued. In no event shall death compensation being paid, except by fraud, misrepresentation of a material fact, or unmistakable error as to conclusions of fact or law, to widows, children, and dependent parents of deceased World War veterans under the World War Veterans' Act, 1924, as amended, on March 19, 1933, be reduced or discontinued, whether the death of the veteran on whose account compensation is being paid was directly or presumptively connected with service. In any case where a World War veteran dies or has died from disease or injury and service connection for such disease or injury has been reestablished on or after the date this paragraph as amended takes effect as service-connected under section 200 of the World War Veterans' Act, 1924, as amended, or which would have been established under such section 200 had the veteran been living on March 19, 1933, and reestablished on or after the date this paragraph as amended takes effect, the surviving widow, child, or children and/or dependent parents shall be entitled to receive compensation at the rates prescribed in Veterans' Regulation Numbered 1 (a), part I, paragraph IV, and amendments thereto. Notwithstanding any of the provisions of Public Law Numbered 2, Seventythird Congress, any veteran of the Spanish-American War, including the Boxer rebellion and the Philippine insurrection, who served 90 days or more, was honorably discharged from the service, is 55 years of age or over, is 50 percent disabled, and in need as defined by the President, shall be paid a pension of not less than $15 per month. Sec. 20, act of June 16, 1933 (48 Stat. 309); sec. 28, Title III, act of Mar. 28, 1934 (48 Stat. 524); 38 U. 8. C. 722. The text of this section as published in the 1929 Edition, based on R. S. 4835; 24 U. S. C. 137, was specifically repealed by section 7, act of July 3, 1930 (46 Stat. 1018), ante 1059a. Notes of Decisions In awarding (48 Stat. 524), the definitions of relationship and dependency contained in the World War Veterans' Act, as amended, are applicable. (1934) 38 Op. Atty. Gen. 103. Definition of dependents. compensation to or for dependents of World War Veterans or in apportioning compensation payable to veterans under Sections 27 and 28, title III, Act of March 28, 1934 1163. Service in Russia.-Veterans who entered active military service subsequent to November 11, 1918, and who served with the United States military forces in Russia prior to April 2, 1920, and their dependents, shall be entitled to the benefits of Public Law Numbered 141, Seventy-third Congress, provided they meet the other requirements thereof. Sec. 2, act of Aug. 26, 1935 (49 Stat. 869); 38 U. S. C. 724. The text of this section as published in the 1929 Edition has been omitted. See note to 1137, ante. 1164. The text of this section as published in the 1929 Edition has been omitted. note to 2159, post. See 1165. For text of this section as published in the 1929 edition, see 1083a, ante. 1166. The text of this section as published in the 1929 Edition has been omitted. note to 1137, ante. See See 1167. The text of this section as published in the 1929 Edition has been omitted. note to 1137, ante. 1168. For text of this section as published in the 1929 Edition, see 1138, ante. |