Pensions and Compensation to Veterans and Their Dependents

15 Pages·2011·0.87 MB·English

by  Franklin M. Aaronson

Pensions and Compensation to Veterans
and Their Dependents
FRANKLIN M. AARONSON*
The Social Security Board has been developing a series which gives, by months,
the number of beneficiaries and the amounts paid under the various social insur
ance programs in this country. From time to time, as statistics become available
and are analyzed, data on additional programs are added to the series. Beginning
with this issue of the Bulletin, data relating to payments made to veterans of the
armed forces of the United States and to their dependents have been included in
the series. The cooperation of the Veterans Administration in furnishing infor
mation concerning their operations and in reviewing this article is gratefully
acknowledged.
PUBLICLY ADMINISTERED social insurance systems ments began under the act of September 29, 1789,1
in the United States provide protection to large but even before that time certain of the Colonies
groups of our population against insecurity result had made provision for benefits to soldiers who were
ing from unemployment, disability, old age, or injured or to the families of those who died in
death of the primary wage earner. Although the frontier warfare. For example, in 1636 the
systems provide protection against different types Pilgrims at Plymouth enacted in their court that
of economic insecurity and vary considerably in any man who should be sent forth as a soldier and
the adequacy of such protection, one fundamental returned maimed should be maintained compe
provision underlies all of them: the right to pay tently by the Colony during his life. This was
ments is based on the fact of past employment or probably the first pension law passed in America,
service. The period of service which qualifies an Similar acts were passed in Virginia, Maryland,
individual for payments ranges from the 1-day-or- New York, and Rhode Island.
less requirement for workmen's compensation to The first national pension law, that of August
the 30 to 35 years necessary to meet the qualifying 26, 1776, promised one-half pay for life or during
provisions of some of the retirement systems. disability to every officer, soldier, or sailor who
Social insurance protection as it exists today is lost a limb in any engagement or was so disabled in
the result of the growth of many separate systems. the service as to be rendered incapable of earning a
Some individuals receive protection under several livelihood. Since the date of this first national
systems, while others are not covered by the pro law, thousands of public and special acts providing
visions of any system. This uneven coverage can pensions, compensation, and disability allow
be attributed to many factors, among the more im ances 2 to veterans and their survivors have been
portant of which are the slow growth in public passed by Congress, and, in addition, hundreds of
awareness of the need for comprehensive social regulations have been issued relating to the ad
security protection, the special needs or claims of ministration of these laws.
certain groups, and the administrative difficulties The earliest veterans' pension laws were in effect
involved in operating a system providing pro disability pension systems, limited in scope, and
tection for all groups of the population. providing relatively small benefits. Subsequent
Payments made to disabled or injured veterans
1 Payments under national pension law of Aug. 26, 1776, were made by the
or to their surviving dependents, based on service States, which were responsible for the execution of the law.
in the armed forces of the United States, represent 2 "Compensation" is applied in the legislation to monetary benefits payable
on account of service-connected death or disability resulting from service in
the oldest type of public pension payments made World War I; non-service-connected benefits paid on the basis of service in
in this country. On the Federal level, such pay World War I were termed "disability allowances" until the act of March 20,
1933, repealed the legislation providing these benefits. Benefits for service
in periods other than World War I are termed "pensions;" the term is also ap
* Division of Coordination Studies, Bureau of Research and Statistics. plied to non-service-connected benefits paid to veterans of all wars.
legislation broadened the coverage to include dis missioned men, and half pay to widows and
abilities of lesser degree and provided for certain children under 16 of veterans who died of service-
classes of dependents of deceased veterans. This connected injuries. Some laws were passed later
legislation was followed by laws which allowed concerning pensions for the Regular Establish
payment to be made for disabilities not incurred ment, but until the general pension law of 1862 the
in or as a result of service, and finally service itself provisions for benefits changed only in minor
was the only basis needed to qualify for benefits. details.
The legislation on the statute books which Prior to the Civil War the laws authorizing the
relates to wars prior to the Spanish-American raising of volunteers or the use of militia also
War is now of slight importance in practical appli provided that the pension provisions then in effect
cation and need not be examined in any detail here, should be extended to such forces. This type of
but historically it furnishes the basis for many of action was taken for the War of 1812, the Indian
the provisions in force today and is therefore of wars, and the Mexican War. Subsequent legis
general interest. Once the veterans of any war lation was passed affecting these veterans, and at
are allowed payments of a more liberal nature, it is the time of the Civil War veterans of all these wars
difficult not to extend such benefits to veterans of were on an equal footing with regard to pensions.
subsequent and prior wars. Pensions payable on the basis of service only were
Inasmuch as the Continental Congress was not provided for veterans of the War of 1812 until
without money or real executive power, the execu 1871, when most of the surviving veterans would
tion of the act of August 26, 1776, was entrusted have been well over 65 years of age; for the
to the Stales and was, therefore, as effective as Mexican War, such pensions were made available
they chose to make it. From the date of the enact in 1887; and for veterans of Indian wars, in 1892.
ment of this first national law, provisions for Beginning with the Civil War period, legisla
veterans' pensions became increasingly more tive provisions for veterans' pensions were liberal
liberal with regard to the size of the payments ized still further, and, because of the size of the
as well as the types of benefits provided. Sub forces engaged in that war, the size of the pension
sequent legislation relating to the armed forces load increased considerably. One of the most
serving in the Revolutionary War extended the important laws concerning pensions for military
provisions of the act of 1776 to widows and orphan service was the so-called general pension law
children (1780); payments for full pensions of a enacted July 14, 1862. As amended, this law,
private were increased from $5 to $8 per month which covered service on or after March 4, 1861,
(1816); a limited-service pension was granted governed pensions for service-connected dis
in 1818 for all who had served until the close of the ability or death until the enactment of the World
war or for a term of 9 months or longer and were War legislation, and until the act of March 20,
in need of assistance; and in 1832 a pension law 1933, which repealed all pension laws relating to
was passed which provided for payments to cer service subsequent to April 21, 1898, it was still a
tain remaining veterans of the Revolutionary War basic statute. The general pension law made more
who had served 6 months or more in the armed nearly uniform the provision for pensions; in
forces. creased the rates for disabilities, including those
During the 80-year period between the end of based on service in former wars; made more liberal
the Revolution and the beginning of the Civil provisions for widows and children; and for the
War, provision was made for a regular military first time made provision for dependent mothers
establishment, and the armed forces of the United and dependent orphan brothers and sisters. As
States engaged in three wars, the War of 1812, the amended (July 4, 1864), the law included a new
Indian wars, and the Mexican War. The act of principle in pension provisions, that of fixed rates
April 30, 1790, to regulate the military establish for certain specific disabilities, such as the loss of a
ment included pension provisions for the regular hand or foot; monthly payments for such specific
armed forces. These provisions as liberalized disabilities ranged from $15 to $100.
under the acts of March 16, 1802, and April 24, Other legislation of interest relating to the Civil
1816, included half pay for officers, $8 or less for War is the Arrears Act of January 25, 1879, which
service-connected disability payments to noncom made payments to veterans of that war effective
as of the date of death or discharge of the person all public laws granting pensions, compensation,
on whose account the pension was granted; in and disability allowances for veterans of wars and
consequence, retroactive payments amounting to the Regular Establishment subsequent to 1898
thousands of dollars were allowed in individual were repealed. This act set forth the basic condi
cases. An act of 1890 provided a limited-service tions for entitlement to benefits and provided the
pension for veterans and widows and children of minimum and maximum monthly rates for dis
deceased veterans of the Civil War, in which pay ability and death benefits. It further directed the
ments were provided without requiring service President to fix the rates of payment for disability
connection of the cause of the disability or death. or death and, in fixing these rates, to make "such
The provisions in effect under the general law differentiation as he may doom just and equitable
as amended were extended to cover the veterans in the rates to be paid to veterans of different wars
of the Spanish-American War.3 Later legislation and for their dependents."
relating to those wars provided payments for dis Pursuant to the provisions of this act, the
abilities of a non-service-connected origin and President promulgated 12 regulations covering the
pensions at age 62. Legislation of later years whole field of veteran benefits. These regulations
generally relates to wars beginning with the established the following principles:
Spanish-American War, but these laws have not
1. To pay the most liberal rates of pension and to furnish
reduced, except temporarily in 1933, the size of
medical, hospital, and domiciliary care to veterans dis
benefits or scope of the provisions.
abled, and to grant pensions to the dependents of veterans
The law of October 6, 1917, making provision who died as a result of injury or disease incurred or aggra
for members of the armed forces engaged in vated in the military or naval service in time of war;
World War I was a radical departure from the 2. To grant pensions and to furnish medical, hospital,
and domiciliary care to veterans disabled, and to grant
general pension system, which still remained in
pensions to the dependents of deceased veterans who died
effect in its application to previous wars. In the
as a result of injury or disease incurred or aggravated in
absence of new legislation the general pension the military or naval service in peacetime;
system pertaining to service-connected disabilities 3. To grant pensions to war veterans permanently and
would have applied to veterans of World War I. totally disabled and in need; to furnish medical, hospi
tal, and domiciliary care to permanently disabled war
In this new law the idea of compensation for
veterans, including those suffering from tuberculosis and
disabilities was introduced to replace the pension
neuropsychiatric ailments incapacitated for earning a
concept of payments, and a schedule of ratings of living and who have no adequate means of support; and,
reductions in earning capacity was set up, which except as to rates, to continue a preexisting provision for
was based "as far as practicable, upon the average pensions to widows and children of deceased Spanish-
American War veterans who have died as a result of injury
impairments of earning capacity resulting from
or disease not connected with the military or naval service.
such injuries in civil occupations and not upon
the impairment in earning capacity in each indi The net effect of the law of March 20, 1933,
vidual case." As a whole, the compensation al and the subsequent regulations was to eliminate
lowances were generally on a more generous scale certain types of benefits and to reduce the rates
than the invalidity pensions under the general law allowed for other types, but legislation passed in
system. The compensation of a disabled veteran 1934 and 1935 restored many of the former pro
was fixed in proportion both to the degree of im visions.
pairment of his earning capacity and to the size The act of December 19, 1941, which amended
of the dependent family. Compensation for Veterans Regulation 1 (a) promulgated pursuant
widows and children was also proportional to the to the act of March 20, 1933, provides for pay
size of family. ments to veterans of World War II for service-
connected disabilities. This amending act, insofar
The year 1933 marked an important change in
as it relates to veterans, roads as follows:
the provisions for benefits to veterans of all wars,
beginning with the Spanish-American War. By Any veteran otherwise entitled to pension under the
the so-called Economy Act of March 20, 1933,4 provisions of part II of this regulation [Veterans Regula
tion 1 (a)] or the general pension law shall be entitled to
receive the rate of pension provided in part I of this
3 As used throughout the article, Spanish-American War includes the
Philippine Insurrection and the Boxer Rebellion. regulation, if the disability resulted from an injury or
4 Public, No. 2, 73d Cong. disease received in line of duty (1) as a direct result of
armed conflict, or (2) while engaged in extra hazardous integrate the provisions and operations of the vari
service, including such service under conditions simulating ous systems, including veterans' provisions, to fur
war, or (3) while the United Slates is engaged in war. nish adequate protection to the members of the
In effect, this act provides that wartime rates armed forces without at the same time imposing
will be paid for service-connected disabilities, a tremendous new load of veterans' payments for
incurred in line of duty as defined, to peacetime non-service-connected disabilities on the present
veterans under (1) and (2) and to veterans of the veterans' system.
present war under (3).
Charts 1 and 2 6 set forth the major provisions
The act further provides that dependents of now in force for benefit payments to veterans and
deceased veterans whose death resulted from their dependents for all service beginning with
injury or disease in line of duty under the con the Spanish-American War. Payments made
ditions specified above in (1), (2), and (3) shall be currently on the basis of wars prior to 1898 are of
entitled to payment at the rates provided for little importance in total current payments.
dependents of World War I veterans who died as a
result of service-connected injuries. Administration
Provisions in effect at the present time allow The act of August 26, 1776, which provided
for benefits for service-connected disabilities to be payments to disabled veterans of the Revolu
paid to the veterans of all wars,5 including World tionary War, left the administration of the pro
War II, and to veterans of the peacetime services. gram in the hands of the Colonies. The acts of
In case of death, payments are made to the de 1789 and 1790, by which the Federal Govern
pendents of these veterans. ment assumed responsibility for payments to
Non-service-connected disability and death pay eligible veterans, provided that the payments
ments are available to veterans and widows and were to be made under such regulation as the
children of deceased veterans of the Indian wars, President might direct. Accordingly, the Presi
Civil War, Spanish-American War, and World dent placed the administration of these laws under
War I. The laws relating to payments for peace the jurisdiction of the Secretary of War, although
time service do not authorize non-service-con- Congress still retained control of the actual
nected disability payments, and no pension is pay allowance of claims. Under the law of February
able to veterans of the present war for non-service- 28, 1793, judges of the United States district
connected disabilities. courts, or commissioners appointed by them,
The expansion of the armed forces for World reviewed the evidence in support of claims and
submitted it to the Secretary of War, who trans
War II will causa a large increase in the beneficiary
mitted it to Congress for final adjudication. The
load under present provisions, although it is too
amount of detail involved finally forced Congress
early to determine what the future course of legis
to give the Secretary of War power to make the
lation for veterans of this war will be. Various
final decision in the allowance of claims.
proposals now before Congress would enable mem
bers of the armed forces who were covered by On March 2, 1833, a law authorizing the ap
social insurance systems prior to their induction pointment of a Commissioner of Pensions in the
into the armed forces to retain that coverage by Department of War was passed, and in 1849 the
appropriate action. If enacted, the legislation position was made permanent and the functions
would have some effect on the growth of veterans' were transferred to a Bureau of Pensions in the
benefits. This is the first war since the inaugura Department of the Interior.
tion of a large-scale social insurance system such The act of October 6, 1917, providing for pay
as that provided in the Social Security Act, and ments to veterans of World War I established the
it may, therefore, be possible to coordinate or Bureau of War Risk Insurance in the Treasury De
partment. This Bureau was charged with the re
5 In general, the provisions of veterans' legislation cover both enlisted men sponsibility of administering the provisions per
and commissioned officers and their dependents, and payments made are
based on degree of disability without regard to rank, however, the retire taining to death and disability compensation,
ment systems for officers and enlisted men of the Regular Establishment
provide payments for age and disability which are based on length of service 6 Developed bayn dH arry Malisoff, a formerra mnke.m bWer hoefn thae vDeitveirsaino n ios fe lCigoiobrle for payment under both systems
he has the option of choosing the higher payment. Payments are not made dination Studies, in connection with a review of legislation relating to pen
to dependents under the retirement system of the Regular Establishment. sions and compensation for veterans of the Spanish-American and subsequent
wars.
Chart 1.—Eligibility conditions and monthly amounts payable to veterans, by type of payment, period of service,1 and class of veteran
[Corrected to November 1942]
Service-connected payments Non-service-connected payments
Spanish-Ameri
EElliiggiibbiilliittyy ccoonnddiittiioonn aanndd ccllaassss ooff vveetteerraann can War 3
World War I 2 WWoorrlldd WWaarr III 3 3 Pseearcveitciem 3 e Spacanni shW-Aarm 4e ri World War I 3 SpanisWh-aArm 3 erican Spanish-American War 5
Peacetime
service 3
Eligibility condition (other than disability
and age)
No, or 90 days 6 No, or 90 days 6
Minimum period of active service No No No No No, or 90 days 6 70-90 days
HDiosnaobrialibtlye ndoist chdaureg teo misconduct NYoe s 7 YYeess Yes NYoe s 7 YYese s YYese s YNeso YNeso
Maximum annual income No No No No $1,000 if unmarri$e1d,0, 00 if unmarried. No No
$2,500 if $2,500 if married
married or or with minor
with minor children 8
children
Class of veteran
Disabled veterans 9 $8-285 $10-250 $7.50-187.50 $6-125 $40 $15 or less, or $40 $20-60 $12-30
Receiving specific payment:10
For anatomical losses $100-200 11 $150-250 12 $112.50-187.5013 $40-125 14
For additional losses $25 or $35 15 $35 16 $18.75 16
FFoorr hheellpplleessssnneessss rreeqquuiirriinngg rreegguullaarr aaiidd $50 additional $150 aanndd aatttteennddaann$cc1ee1 2.50 $50 or $72 17 $100 $50
Receiving general payment:
For partial permanent disability $10-99 18 $10-90 19 $7.50-67.50 20 $6-24 21 No special 50-percent disabil $20-50 22 $12-24 23
For partial temporary disability $8-79.20 18 No special provisiNono special No special Npropo rvsoipsveiiocsniiao nl N op rs o pv e icsiiaonl No special No special
provision provision
provision provision
For total permanent disability $100 $100 (total) $75 (total) $30 $40 $40 $60 $30
For total temporary disability:
Without dependents $80 No special No special No special No special No special No special No special
With dependents $90 and over 24 Nproo vspiseicoina l pNroo vsipseicoina l Nproo vsipseiocnia l pNroo vsipseiocnia l pNroo vsipseiocnia l pNroo vsipseiocnia l Nproo vsipseiocnia l
provision provision provision provision provision provision provision
Pension to nondisabled veterans based on age Over 62 years—$15 62-64 years—$30; 62 years or over—
or less 25 65 years or over— $12; 68 years or
$60. over—$18; 72 years or over—$24; 75
years or over—$30
W1a rC oIv (eirns cSlupdainnigs hS-iAbmereiarnic Eanx Wpeadri tio(innc)l,u adnindg wPohrildli pWpianre IIIn. suWrrheectreio n1 paenrdi oBdo xoefr s eRrevbiceel laiopnp)e,a Wrso irnld 2 1 h13 a$n1d1,2 .o50r— blloisnsd nofe suss ei no fb boothth heyaensd,s hoar vfeientg, oorn ly1 olfi egahct hp; e$r1c3e1p.2t5io—nb; o$t1h5 h0—anbdlisn adnndes 1s fiono tb, obtohth e fyeeets aanndd
columns for same type of payment, veterans of such service may qualify for or receive payment under loss of hand or foot; $187.50—combinations of preceding losses.
either set of provisions.
2 Payments made under act of Mar. 28, 1934 (Public, No. 141, 73d Cong.) as amended. 1145 $S2e5e— Vloestse raonf sc'r eBateinveef iotsr,g aHn.; $D35o—cl o3s0s0 ,o f7 u7tshe Cofo n1 go.r, bpopt.h 8h-a9.n ds or feet.
Re3 gPualaytmioennst. s made under act of Mar. 20, 1933 (Public, No. 2, 73d Cong.) as amended, and Veterans 16 Loss of use of hand, foot, or eye in addition to other payments for total or less disability.
4 5 PPaayymmeennttss mmaaddee uunnddeerr aacctt o fo fA Auug.g .1 31,3 ,1 913953 5( P(Pubulbilci,c ,N No.o .2 6296,9 ,7 47t4ht hC oCnogn.g) .a) sa as maemnednedd;e da.c t of May de11g78 r$Ae5em0 o—of ufrrneetdqsuu certenipto rnae nsinde n epta erprnieoirndcgeic nc taaapigdae acsin tdoy fa crtoetemsunpldteainnnsgca eft;ri $oon7m2 t—dhirasetag buwilloaitruy al;d ind o ba ecno dpm aapyteatenbnslead tafionorcn e d.p iasyaabbilliet yf oer qrueadlu tco
24, 1938 (Public, No. 541. 75th Cong.). Latter act applies only to veterans with 90 days' service and tion rated at less than 10 percent.
provides for payments to helpless veterans and to veterans over 65 years of age. 19 $10 for each 10 percent of disability rating between 10 and 90 percent.
6 dut9y0. days not required if veteran was discharged before 90 days for disability incurred in line of 20 $7.50 for each 10 percent of disability rating between 10 and 90 percent.
7 Unless veteran suffers from service-connected paralysis, paresis, or blindness, or is helpless or 252-13 5A pmeorcuenntts— p$a1i2d; 3b5y-5 0d epgerrecee notf— d$i1sa4;b 5il0i-t7y5 apreer:c e1n0t —pe$r1c7e;n 7t—5 p$e6r; c1e5n tp —er$c2e4n.t —$8; 20-25 percent—$10;
be8d Aripdpdleines d ounel yto t oa ndyis adbilseadb ivleittey,r ans. fou22 rtAhms—ou$5n0t.s paid by degree of disability are: one-tenth—$20; one-fourth—$25; one-half—$35; three-
9 10 MBoatxhi mrautme a andmo duinstasb ialtittya isnpeedc itfhierdo uingh s ctaotmubtei.n ation of specified and additional allowances. fou23 rtAhms oaunnd tosv pera—id$ 2b4y. degree of disability are: one-tenth—$12; one-fourth—$15; one-half—$18; three-
ey1e1 s$ a10n0d— ac leirmtabi,n dcoounbdliet itoontsa ls ppeecrifmieadn aesn tp edrismaabnileitnyt, toort acol;m $b15in0—atlioosns so off upsree ocefd biontgh leoyseses;s . $200—both ch2i4 ld$;9 0e afocrh spealfr aenndt ,w $1if0e. and $5 for each child; if no wife, $90 for self and first child and $5 for each other
or 12b $li1n5d0n—elsoss si no fb hotahnd es,y feese, th, oarv i1n hga onndl ya nldig 1h tf opoet;r $ce1p7t5i—onb;o $th2 0h0a—nbdlsi nadnnde s1s f oiont ,b obtohth efyeeets ,a nhda v1i hnga nodn,l y $1255 , Potahyearbwlei steo r veedtuecreadn st oo n$ 1p5e. nsion rolls Mar. 20, 1933. Payments as of that date continued if below
light perception, and loss of 1 hand or foot; $250—combinations of preceding losses.
Chart 2.—Eligibility conditions and monthly amounts payable to survivors of veterans, by type of payment, period of veterans' service,1 and class of
survivor
[Corrected to November 1942]
Service-connected death payments Non-service-connected death payments
EElliiggiibbiilliittyy ccoonnddiittiioonn aanndd
ccllaassss ooff ssuurrvviivvoorr Spanish-American War 2
World War I 2 Peacetime service 2 3 Spanish-American War 4 World War I 5 Spanish-American War 3 Spanish-American War 4
World War II 2
Eligibility condition
Service connection of disa Death due to service-con Death due to service-con Death due to service-con Disability service-connect No No.
bility or death of veteran nected disability nected disability. nected disability. ed, but not death.
Minimum length of veter No No No No, or 90 days 6 No, or 90 days 7 No, or 90 days 8
an's service
Time of widow's marriage Sp-A—before Sept. l, 1922. Within 10 years of discharge No Before May 13, 1938 Before Sept. l, 1922 Before Sept. 1, 1922.
to veteran WW I—before May 13, 1938. from service.
WW II—within 10 years of discharge from service.
Remarriage of widow Disqualifies permanently Disqualifies permanently Disqualifies during Disqualifies permanently Disqualifies permanently Disqualifies during re
remarriage 9 marriage.10
Children:
Age limitation Unadt esr c1h8o yoel;a rosr, oar futenrt il1 281 iiff Under 18 years, or until 21if Uant dsecrh o1o6l ;y oera rasf, teorr 1a8ft eifr 18 Uhnedleprl e1s8s ybeeaforsr,e o1ir8f hu. enlptille s2s1 beUfonrde e1r6 .1 8 yearsi,f oar t2 1s cihf oaotl ; orU 1na6fdst eceifrhr h o1e1o6ll8 p;y leneasorsns eb, eoiffor rheae fl1tpe6lr.e ssi f helpless before 18. before 18.
helpless before 18
Legitimacy required Yes 11 Yes Illeelgigitiibmlea t12e child may be Illsetgeipticmhialdte macyh ilbde and, Yes Illbeeg ietilmigaibtlee 12c hild may
eligible 11
Legal adoption Yes Yes No Yes Yes No.
Parents—dependency13 Yes Yes Yes Not entitled Not entitled Not entitled.
Maximum annual income No No No 1 survivor—$1,000; survivors1— s$u2r,v5iv0o0r.— $1,000; No.
survivors—$2,500.
Class of survivor
Widow Under 50 years—$38; 50 and Under 50 years—$30; 50o vaenrd— $45. over—$$3350. $15 $30.
$25-30, depending on veteran's rank (Boxer Rebellion. $12-30).
Children, widow present 1st child under 10 years— 1st child under 10 years— $2 each 1st child—$8; each other—$41. st child—$5; each other—$3E. ach child—$6.
$10, otherwise $15; each $8, otherwise $11; each
other child under 10 other child under 10—$8, otherwise $10 each.
years—$8, otherwise $13.
Children, no widow 1 child—$20; 2 children— 1 child—$15; 2 children— 1 child—$15; 2 children—$212 ; child—$12; 2 children— 1 child—$36; each other—$6.
$33; 3 children—$46; each $25; 3 children—$35; eoathcehr —$$285 -3(0eq, dueaplleyn ddiinvgid eodn) v. eottheerr—a$n35 c' sh ri(leadqnrukean, l—lpy$ lud3si0v ;i d$e2d ).p er $15;c hi3ld (cBhiolxderern —R$e2b0e;l lion, $12-30).
each other—$3(equally each other—$2
divided). (equally divided).
Parents 1 parent—$45; 2 parents—$25 ea1c hp. arent—$30; 2 parents—$20 eaMcho.t her $25-30, depending No provision- No provision No provision.
on veteran's rank: father
same, if no mother
(Boxer Rebellion.
$12-30)14 Maximum payment to survivo$r1s3 3 15 $102 16 No provision $64 $27 No provision.
8 W1a rC Io v(ienrsc lSupdainngi sShi-bAemriaenri Ecaxnp eWdaitri o(nin),c alundd iWngo Prlhdi Wlipapr inIeI . InWsuhrerreec tthioen a snadm Be opxeerri oRd eobfe slelirovnic),e Wapopreladr s or d9i0e dd abyesf onroet 9r0e qduaiyrsed fr ifo mve steerrvainc ew-iansc duirsrcehda rdgiesdab bileiftoyr.e 90 days for disability incurred in line of duty,
in 2 columns for same type of payment, survivors may receive payments under the provisions in 9 Widow may receive pension if she was the lawful wife of veteran during war, and later marriage
either column. was terminated without her fault, on her own application.
Re2 gPualaytmioennst. s made under act of Mar. 20, 1933 (Public, No. 2, 73d Cong.) as amended, and Veterans by 10 wWified. ow may receive pension if remarriage is terminated by death or divorce except for adultery
pr3e cSeudrivnigv ocrosl ummene tiifn gd isealibgiilbiitlyi toyf cvoentedritaino nwsa ss hinowcunr rined tinh iesx ctroal-uhmazna mrdaoyus rteycpeeiv oef p apyemaceenttism seh osewrnv icine . in 11w Irlilteignigt ibmeaftoer ec hhiisld d oera stthe, pocr hifi lhde o wf vaset ejruadni coifa Wllyo rdledc rWeeadr tIo iss ueplipgoibrlte, oifr ahceklndo pwuletdagteivde fbayt hveert.e ran
co654n LPnPeeaacnyytgmmetdeeh nn dtotissfs amsmbeiaarlvdditieeyc e uuo nnfi mdd1eem0rr paaaetccerttcr eoioafnf l tA J iouuf rnvg em.e t12oe38rr,,e a 1;1n 999 330w54 ad (s(aPP yuruseb'b clsleiiecic,vr ,v iNNnicgooe. .,o 2r4h6 8o9e4n,n , o7t7r4i3attdhlbelde CCtdoooinns cggrh..e))ac raaegssie v ,e aa ommbreee nnnleeddfseeistdd st.. hfoarn 9s0er dvaicyes- pe11142n3 PdIDfea enyapacceykbn nlecdo oewonnlntecildynyg u meiefd sa n.y ob yas rufiarsetvh iavetri n abgne wyf oirtdeiom wore ;o arpf atcehyrmi lmdearnertrns i.a ngoet otf epramriennattse. d by remarriage of parent if de
if discharged for disability incurred in line of duty if veteran had service-connected disability at 15 Maximum for widow and children, $83.
death for which compensation would be payable if 10-percent degree. 16 Maximum for widow and children, $62.
7 90 days not required if veteran was discharged before 90 days for disability incurred in line of duty.
war-risk insurance, vocational training, and certain Payments to dependents.—In general, if a veteran
other provisions. In 1921 this Bureau was trans was receiving payments or was eligible for pay
ferred to the newly created United States Veterans ments prior to his death, the surviving widow,
Bureau, to which were also transferred various children, and parents can apply for death benefits
hospitals under the Public Health Service and the based on his service.
Rehabilitation Division of the Federal Board of 1. When the veteran's death was due to a disa
Vocational Education. bility or injury incurred in the service, the condi
In accordance with an act of July 3, 1930,7 the tions for payment to widows generally refer
President by Executive Order set up the Veterans specifically to the time of marriage to the deceased
Administration and transferred to that agency the veteran. For all wars in which service is of cur
Bureau of Pensions, the United States Veterans rent importance, a limit is imposed (except in the
Bureau, and the National home for Disabled general pension laws) on the time at which the
Volunteer Soldiers. The consolidation of these marriage to the deceased veteran could have taken
agencies in the new and independent organization place. For the Spanish-American War, the marriage must have occurred before September 1,
became effective December 1, 1930, and since that 1922. For World War I service, marriage must
date the administration of laws relating to veterans have occurred prior to May 13, 1938, and for
of the armed forces has been the responsibility of peacetime and World War II service the marriage
the Veterans Administration. must have taken place prior to the expiration of
10 years subsequent to the veteran's discharge
Eligibility Requirements
from the enlistment during which he incurred the
Payments to veterans.—1. Payments made to injury or disease on account of which claim was
veterans who are disabled as a result of service in made. If a widow remarries she is disqualified
the armed forces are contingent upon few eligi permanently from further benefits under Public
bility conditions. In general, payments are made Law No. 2 and Veterans Regulations; under the
if it can be shown or presumed that the disability general pension laws, however, a remarried widow
was incurred in the service and was not the result under certain conditions may be restored to the
of misconduct on the part of the veteran.8 Except roll on dissolution of the marriage by death or by
for certain rebuttable presumptions pertaining to divorce on her own application and without fault
service connection under Public Law No. 2, 73d on her part.
Congress, and the Veterans Regulations, no mini
mum period of active service is imposed nor is
For children, the payments under Public Law
there any limitation as to the size of the income
No. 2 and Veterans Regulations are made while
of the beneficiary. Veterans receiving payments
the child is unmarried and under age 18, or until
under Public Law No. 2 must have been honor
he is 21 if he is still attending school. Payments
ably discharged, although the provisions of the
can be made after age 18 to children who, before
other laws providing service-connected benefits
they reach that age, have become permanently
do not make this requirement.
incapable of self-support by reason of mental or
2. For payments based on non-service-con physical defect. Under the general pension law,
nected disability or injury, a minimum period of subject to certain other conditions, a pension may
service is required. Payments are generally be paid only until the child attains the age of 16
based on 90 days' service, unless the veteran was but it may be continued thereafter if the child,
discharged from the armed forces prior to this before reaching age 16, becomes insane, idiotic,
length of service for disability incurred in line of or otherwise physically or mentally helpless.
duty. Honorable discharge is necessary to qual
Payments are made to parents when dependency
ify for benefits, and a maximum income limitation
existed either prior or subsequent to the death of
of $1,000 if unmarried, and $2,500 if married or the veteran, and remarriage is not a disqualifying
with children, is imposed under Public Law No. 2
condition if dependency continues. Under the
and the Veterans Regulations.
general pension law, dependent parents are not
entitled to pension while there is a widow or child
7 Public, No. 536, 71st Cong.
8 For World War 1, veteran's misconduct is not a disqualifying provision so entitled, but under Public Law No. 2 and
when the veteran is suffering from service-connected paralysis, paresis,
Veterans Regulations, dependent parents may
blindness, or is helpless.
receive a pension concurrently with a widow, shall not be paid to any unmarried person whose
child, or children. annual income exceeds $1,000 or to any married
2. In the case of payments made to dependents person or any person with minor children whose
of a veteran whose death was not the result of a annual income exceeds $2,500. With respect to
service-connected disability, the disqualifying con World War I, under Public Law No. 484, 73d
ditions are somewhat more strict. These non- Congress, as amended, payment of compensation
service-connected death awards are available to shall not be made to any childless widow, or
widows and children of veterans of the Indian to a child whose annual income exceeds $1,000,
wars, Mexican War, Civil War, and Spanish- or to a widow with a child or children whose
American War, under service pension laws, and annual income exceeds $2,500. There is no in
to the widows and children of veterans of the come limitation for dependents of veterans of the
Spanish-American War under Public Law No. 2 Spanish-American War receiving benefits under
and Veterans Regulations. As to widows and the service pension laws. Payments based on
children of veterans of World War I, payments non-service-connected death are not available to
are made if the veteran at the time of his death parents of deceased veterans.
was receiving or entitled to receive compensation Lump-sum payments.—Burial benefit is pro
for a 10-percent or more degree of disability; or if vided for honorably discharged veterans of any
the veteran served 90 days and was honorably war, a veteran of any war in receipt of compen
discharged; or, after service of less than 90 days, sation or pension, a veteran discharged for dis
if he was discharged for disability incurred in line ability incurred in line of duty, or a veteran of
of duty and had when he died a disability for the Army, Navy, Marine Corps, or Coast Guard
which compensation would be payable if of a in receipt of pension for a service-connected dis
10-percent degree or more. ability. The Veterans Administration will assume
For the widow of a veteran of the Spanish- the actual cost (not to exceed $100) of burial,
American War, the delimiting marriage date is funeral, and transportation of the body to place
September 1, 1922, and for World War I, May 13, of burial within the continental limits of the
1938. For children of veterans of the Spanish- United States. When the death occurs in a
American War, the general pension law applies Veterans Administration facility within the con
under service pension acts, i. e., subject to other tinental limits of the United States, the actual
conditions, payment may be made until the child cost (not to exceed $100) of burial and funeral
reaches the age of 16, or continued thereafter if will be paid, and the body will be transported to
before reaching that age he becomes insane, idi the place of burial within the continental limits
otic, or otherwise physically or mentally helpless; of the United States.
under Public Law No. 2 and Veterans Regulations,
Payments and Beneficiaries
subject to other conditions, payments may be
made until the child reaches age 18 or age 21 if The total amount disbursed to veterans of all
he is in an approved school, and may be made wars and of the Regular Establishment, and to
after age 18 if the child before reaching that age their dependents, through June 30, 1942, was
becomes permanently incapable of self-support by almost $15 billion (table 1). Of this amount,
reason of mental or physical defect. With re about 97 percent has been paid out on the basis
spect to service in World War I, the provision for of service in three wars—the Civil War account
children is similar to that immediately preceding, ing for more than half of all payments, World
under Public Law No. 2 and Veterans Regulations. War I for almost a third, and the War with Spain
A remarried widow under service pension laws for almost one-eighth (chart 3). Payments made
pertaining to the Civil War, Indian wars, and to members of the Regular Establishment for dis
Spanish-American War may be restored to the ability or death incurred in peacetime service
roll when the marriage terminated on any ground accounted for 1.5 percent of all payments, while
except adultery, or, for the Indian wars, without payments made on the basis of any other period
fault on the part of the wife. With respect to of service were less than 1 percent of the total.
the Spanish-American War under Public Law The proportion going to veterans, out of the
No. 2 and the Veterans Regulations, a pension $13.8 billion for which it is possible to obtain a
subdivision of the figures,9 amounted to 72 percent, Chart 3.—Percentage distribution of payments to vet
while the remaining 28 percent was paid to sur erans of all wars and to their dependents, through
vivors of deceased veterans. The distribution of June 1942 and for June 1942
total amounts according to payments to veterans
and payments to their dependents varies with the
different wars on which service is based, but in
general the low percentages shown for dependents
of veterans of the Spanish-American War and
World War I result from the fact that a relatively
short period has elapsed between the end of the
war and June 30, 1942. With the passage of
time a larger proportion of total payments for
a war goes to survivors. For the five wars for
which all or practically all of the cost of pensions
has been met, the veterans received 61 percent of
all payments and the survivors 39 percent.
Of the payments made to veterans in June 1942,
veterans of the Regular Establishment received
62 percent was received by veterans of World
4 percent of all dependency payments, and
War I, and 32 percent by veterans of the Spanish-
dependents of veterans of the Indian wars and
American War; veterans of the Regular Establish
of World War II accounted for 1 percent each.
ment received 5 percent, and veterans of all other
periods of service received less than 1 percent Payments to Veterans
(table 2). Payments to dependents of deceased
As indicated above, the laws relating to the pay
veterans show less concentration: dependents of
ment of pensions and compensation to veterans
World War I veterans received 58 percent of total
differentiate between payments to veterans who
survivor payments, dependents of Spanish-Ameri were disabled as a result of service in the armed
can War veterans, 21 percent; and dependents of forces and payments to veterans who were disabled,
Civil War veterans, 16 percent. The survivors of but whose disability was not the result of service
9 Prior to 1891, figures for the Civil War are not differentiated as between in the armed forces.10
payments to living veterans and payments to dependents, nor can the un
classified items shown in table 1 be distributed between amounts paid to
veterans and those to dependents. 10 For the veterans of the Spanish-American and previous wars, legislation
has been passed which considers age as a disability.
Table 1.—Total payments to veterans and their sur
Table 2.—Payments to veterans and their survivors, by
vivors, by period of service, as of June 30, 1942
period of service, June 1942
(In thousands]
[In thousands]
Total payments Pavyemteernatnss to Psauyrmveivnotrss to s s
oror Percentage dis Percent of
TPPoeetarrlii oodd ooff sseerrvviiccee $14,9A9P6me,ro0cu8enn0tt ag1e0 d0i.s0t ributi(1Ao) nm oPuenrcte n(1t) of total( 1A) Pmerocuenntt ( 1)o f total PPeerriioodd ooff sseerrvviiccee Total payments Total payments PPaayymmeennttPayments to survivPayments to survivss ttoo vveeTotal pay tteements rrtaarnnissPayments to b uveterans tionPayments to survivors toVeterans tatlo —p aSiudr vivors
Revolutionary War 70,000 .5 $50,000 71.4 $20,000 28.6
WInadri aonf w18a1r2s 8486,,821081 ..36 5104,,072508 3507..32 3382,,014938 4629..87 Total $35,870 $26,658 $9,212 100.0 100.0 100.0 74.3 25.7
Mexican War 61,515 .4 28,748 46.7 32,767 53.3
WSCpiovarinlld iWs hWa-Ara rm eI rican War 3 481,,,607179972,,,406837825 351023...809 31,,8500(134) ,,047635 8(82) 32..93 821868(1,,) 052632 (112) 76..17 IWMneadrxi aiconaf nw1 8Wa1r2sa r (1) 2144 10006 (1) 1084 ((22)) .6 00 .4 ((22))1 .2 4009 .5 11500000...005
RWeogruldl aWr aEr sIIt ablishment 201 (4) 12 6.0 189 94.0 SCpivainl lWsha-Ar merlcon War 3 101,,532805 8,45944 11,,492361 240..20 31..47 2105..95 816..24 9138..86
(peacetime service) 223,637 1.5 172,948 77.3 50,689 22.7 World War I 21,927 16,612 5,315 61.1 62.3 57.7 75.8 24.2
Unclassified 16,513 (4) (1) (1) (1) (1) RWeogruldla rW aErs tIaI blishment 99 10 89 .3 (2) 1.0 10.1 89.9
(peacetime service) 1,721 1,382 339 4.8 5.2 3.7 80.3 19.7
1 Data not available.
2 Data not available for entire period; for 1891-1942, 61.7 percent paid to
veterans, 38.3 percent to survivors. 1 1 payment of $20 paid to veteran's daughter.
3 Includes also Philippine Insurrection and Boxer Rebellion. 2 Less than 0.05 percent.
4 Less than 0.05 percent. 3 Includes also Philippine Insurrection and Boxer Rebellion.
The history of veterans' legislation shows that been unable to follow a substantially gainful occu
the first payments provided for veterans of any pation and when it is reasonably certain that the
war are for service-connected disabilities only, and disability will continue throughout his life. Thus,
not until some time after the end of the war are veterans with disability ratings as low as 60 per
non-service-connected payments provided. cent may be eligible for non-service-connected
The accompanying tabulation shows the num payments if they are permanently unemployable.
ber of years after the end of each war before laws On June 30, 1942, of every 100 veterans of the
were enacted providing for non-service-connected Spanish-American War who were receiving pay
disability payments. The laws differ as to the ment, 99 had a disability (including old age as a
exact provisions, but each provides payments to disability) of a non-service-connected origin, while
veterans for disabilities not resulting from service of the World War I veterans receiving payment,
in the armed forces. 19 in 100 were receiving this type of payment
(table 3).
In addition to payments made under public
Date of law Number of
providing years be laws, certain veterans receive benefits as the result
non-service- tween end
War connected of war and of special legislation. These veterans are gener
disability enactment
payment of law ally individuals who cannot qualify under any of
Revolutionary War the public acts, or those who are entitled to special
1832 51
War of 1812 1871 56 consideration. As of June 30, 1942, a total of
Mexican War 1887 39
Civil War 1890 25 768 veterans were receiving payment under these
SWpoarnldis hW-Aarm Ie rican War 1 11993200 2 1182 special acts, 654 of them on the basis of service in
the Regular Establishment.
1 Includes also Phillippine Insurrection and Boxer Rebellion.
2 Repealed Mar. 20, 1933. Payments now made under Veterans Regu The number of veterans receiving benefits
lations. according to the war in which service was estab
lished is shown in chart 4, by the number of years
It will be noted that the period between the
elapsed since the war. The peak in the bene
end of the war and the date of the law providing
ficiary load for each war is reached only after the
for non-service-connected disability payments has
enactment of legislation providing for non-service-
become shorter. At the present time, for the
connected payments. Thus, the largest number
wars which still result in payments of any signifi
of veterans receiving payments for each war
cance, only the Spanish-American War and the
shown on the chart follows by only a few years
World War I legislation provides payments for
the legislative enactment for non-service-connected
non-service-connected disability, and for the latter
payments. Although comparable figures are not
war the disability must be total and permanent.
available for the entire period for veterans receiv
Total-permanent disability ratings may be as
ing payments for service in the War of 1812 and
signed, however, when the disabled veteran has
the Mexican War, it is probable that the trend for
these wars resembles that shown for the Spanish-
Table 3.—Number of veterans receiving payments, by
period of service, June 1942 American War. The legislation providing non-
service-connected payments for veterans of these
Public acts wars was enacted more than 40 years after the end
PPeerriioodd ooff sseerrvviiccee TToottaall Service- Non-serv SSppaaeeccccttssii aall of the wars, and it is reasonable to assume that
con ice-con the peak of service-connected pensions to bene
nected nected
ficiaries had occurred some time earlier. It is
Total 620,297 (1) (1) 768 apparent from the chart that a span of about 80
ICndiviailn wWaarrs 1,791735 ((11)) (1) (1) 3121 years occurs between the end of a war and the
Spanish-American War 2 146,677 1,407 145,201 69 time when only a relatively few veterans are still
World War I 3 430,038 348,730 81,306 2
World War II 93 93 receiving payments for service based on that war.
Regular Establishment (peace
time service) 4 40,801 40,147 654 Average payments.—Payments for disabilities of
service-connected origin are at a higher rate than
1 Data not available
2 Includes also Philippine. Insurrection and Boxer Rebellion. are those for non-service-connected disabilities.
3 Excludes 2,646 emergency, provisional, probationary, and temporary
officers receiving retirement pay. For World War I the range of payments for
4 Excludes5 9r etired reserve officers receiving retirement pay.