Official Document Text
Source: The American Presidency Project (UCSB Archive)
EFFECTIVE DATES OF AWARDS OF DISABILITY AND DEATH PENSIONS; PROVISIONS FOR FILING CLAIMS AND THE REVIEW OF CLAIMS ON APPEAL. Whereas , Section 9, Title I, of Public No. 2, 73d Congress, entitled "An Act To maintain the credit of the United States Government," provides: "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 payments 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." Now, Therefore , by virtue of the authority vested in me by said law, the following regulation is hereby promulgated: Part I EFFECTIVE DATES OF AWARDS OF DISABILITY AND DEATH PENSIONS I. The effective date of an award of pension shall be as follows: (1) The effective date of an award of pension shall be fixed in accordance with the facts found, except that: (2) No award of disability or death pension shall be effective prior to the date of the veteran's separation from service, date of the veteran's death, date of the happening of the contingency upon which disability or death pension is allowed, or the date of receipt of application therefor, whichever is the later date. (3) In the event the claimant's application is not complete at the time of original submission, the Veterans' Administration will notify the claimant of the evidence necessary to complete the application and if such evidence is not received within six months from the date of request therefor, pension may not be paid by virtue of that application. II. The effective date of an award of increased pension shall be fixed in accordance with the facts found, except that: (a) No award of increased pension may be effective for any period prior to the date of receipt of the evidence showing entitlement thereto. (b) For the purpose of this Regulation, increased pension shall be taken to mean any award of pension amending, reopening, or supplementing a previous award, by authorizing payments not theretofore authorized to the particular individual involved because of any reason. III. The effective date of reduction or discontinuance of compensation, disability allowance and/or pension shall be fixed in accordance with the facts found, except that: (a) Reductions and discontinuances by reason of Public No. 2, 73d Congress, of benefits being paid, on the date of approval thereof, pursuant to the laws in effect prior to the date of enactment of Public No. 2, 73d Congress, shall be June 30, 1933, the last day of the third calendar month after the date of enactment of Public No. 2, 73d Congress, unless sooner reduced or discontinued under the provisions of such prior laws. (b) Where disability or death pension has been awarded pursuant to the provisions of Public No. 2, 73d Congress, and a reduction or discontinuance is thereafter effected as to rates, such reduction or discontinuance shall be effective the last day of the month in which the reduction or discontinuance is approved. (c) Reductions or discontinuances because of the death of a disabled person receiving a pension shall be effective as of the date of death. (d) Discontinuance of a pension because of remarriage or death of a widow shall be effective the date next preceding the date of her remarriage, or upon the date of her death. (e) Discontinuance or reduction of a pension to or because of a child reaching the age of sixteen years, or being married, or dying, shall be effective the date next preceding the sixteenth birthday or next preceding the date of marriage or will be effective upon the date of death. (f) Where there is fraud shown to have been committed by the person receiving pension or with his or her knowledge the effective date of discontinuance shall be as of the effective date of the award to such person. (g) Discontinuance of a pension because of the receipt of active service or retirement pay shall be effective as of the date next preceding the date of commencement of such pay. IV. (a) Pension payable to a widow shall continue until death or remarriage, provided, however, that where pension is properly discontinued by reason of remarriage, it shall not thereafter be recommenced. (b) Pension to a dependent mother or father shall continue during dependency until death or remarriage of the mother or father, whether the dependency arises prior or subsequent to the death of the veteran, except that no pension shall be payable to any mother or father where the dependency arises more than ten years subsequent to the death of the veteran. (c) Pension to or for a child shall continue only until the child's sixteenth birthday or marriage, or, if permanently and totally incapable of self-support, as outlined in Regulation 10, until the child's marriage or death, but only during the continuance of such permanent and total incapacity. V. Any accrued 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, first, as reimbursement to the person paying the expenses of burial of the person found to be entitled to pension or emergency officers' retirement pay, to an extent not to exceed $75, and any accrued fund not used in this manner shall be paid to the surviving widow of a person entitled to the pension or emergency officer's retirement pay, or, if there be no surviving widow to the surviving child or cliildren under sixteen years of age of the person entitled, 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. Accrued pension or emergency officers' retirement pay shall only include payments due and unpaid at the time of death under then existing ratings. Part II PROCEDURE FOR FILING CLAIMS AND REVIEW OF CLAIMS ON APPEAL I. A specific claim on the form prescribed by the Administrator of Veterans' Affairs must be filed by a veteran, who is not already on the rolls of the Veterans' Administration, with the Veterans' Administration for benefits under Public No. 2, 73d Congress, involving disabilities and deaths resulting from injury or disease incurred or aggravated in line of duty in war-time or peace-time service and disabilities and deaths not incurred in service. II. All questions on claims involving benefits under the laws administered by the Veterans' Administration (other than degree of disability) shall be subject to one review on appeal to the Administrator of Veterans' Affairs. Jurisdiction to render final decision on questions so reviewed on appeal shall vest in such persons as shall be designated by the Administrator of Veterans' Affairs. When a claim shall be disallowed under delegation of authority as contained in Section 8, Public No. 2, 73d Congress, and this Regulation, it may not thereafter be reopened or allowed, and no claim based upon the same factual basis shall be considered, except where subsequent to such disallowance new and material evidence in the form of official reports from the proper service department is secured the Administrator of Veterans' Affairs may authorize the reopening of the claim and review of the former decision. III. Applications for review on appeal to the Administrator of Veterans' Affairs shall be filed (excepting in those claims involving simultaneously contested claims, (see paragraph X(a) hereof)) witliin six months from the date of mailing of notice of the result of initial review or determination or from July 1, 1933, whichever is the later date. Applications for review must be filed with the activity which entered the denial. If no application for review on appeal is filed in accordance with this regulation within the time limit specified, the action taken on initial review or determination shall become final and the claim will not thereafter be reopened or allowed, except where subsequent to such disallowance new and material evidence in the form of official reports from the proper service department is secured the Administrator of Veterans' Affairs may authorize the reopening of the claim and review of the former decision. If application for review on appeal is entered witliin the time limit specified by regulations, a reasonable time thereafter will be allowed, if requested, for the perfection of the appeal and the presentation of additional evidence before final determination or decision is made. IV. Exclusive jurisdiction for the review of emergency officers' retirement claims covered by Section 10, Public No. 2, 73d Congress, shall be vested in such persons as shall be designated by the Administrator of Veterans' Affairs. Following initial determination the same rules and regulations governing applications for review to the Administrator of Veterans' Affairs as provided in this Regulation will be for application. V. Application for review on appeal may be made in writing by the claimant, his legal guardian, or such accredited representative as shall be selected by him. Not more than one recognized organization or representative will be recognized at any one time in the prosecution of any claim. VI. Application for review on appeal may be made by such officials of the Veterans' Administration as may be designated by the Administrator of Veterans' Affairs at any time within the time limit provided by this Regulation. VII. In each application for review on appeal the name and service of the veteran on account of whose service the claim is based must be stated, together with the number of the claim and the date of the action from which the appeal is taken. The application must clearly identify the benefit sought. VIII. Each application for review on appeal must contain specific assignments of the alleged mistake of fact or error of law in the adjudication of said claim, and any application for review on appeal insufficient in this respect may be dismissed. IX. All cases received pursuant to application for review on appeal shall be considered and decided in regular order according to their places upon the docket, unless for cause shown a case may be advanced on motion for earlier consideration and determination. Every such motion shall set forth succinctly the grounds upon which it is based. No such motion will be granted except in cases involving interpretations of law of general application affecting other claims, or for other sufficient cause shown. X. (a) In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of an application for review on appeal shall be sixty days from the date of mailing notice of the original action to the claimant to whom the action is adverse. In such cases the activity concerned shall promptly notify all parties in interest of the original action taken, expressly inviting attention to the fact that an application for review on appeal will not be entertained unless filed within the period of sixty days herein prescribed. Such notices shall be forwarded to the parties in interest to the last known address of record. (b) Upon the filing of an application for review on appeal in simultaneously contested claims, all parties other than the applicant for review on appeal whose interests may be adversely affected by the decision, shall be notified of the substance thereof and allowed thirty days from date of mailing of such notice within which to file brief or argument in answer thereto before the record is forwarded on application for review on appeal. The notice herein referred to shall be forwarded to the last known address of record of the parties whose interests may be adversely affected, and such action shall constitute sufficient evidence of notice. XI. An application for review on appeal shall not be entertained unless it is in conformity with paragraphs V to X, inclusive. FRANKLIN D. ROOSEVELT March 31 st 1933 The White House.