decree, or written agreement to be paid to her. For an illegitimate child, to whose support the father has been judicially ordered or decreed to contribute, it shall not exceed the amount fixed in the order or decree.-Sec. 205, ibid., p. 404. 846. Amount to be paid to those included in Class B.-That family allowances to members of Class B shall be granted only if and while the member is dependent in whole or in part on the enlisted man, and then only if and while the enlisted man makes a monthly allotment of his pay for such member or members equal to the amount of the monthly family allowance as hereinabove specified, except that— (a) The maximum monthly allotment so required to be made to members of Class B shall be one-half of his pay. (b) If he is making no allotment to a member of Class A, the minimum monthly allotment so designated to be made to members of Class B shall be $15 per month. (c) If he is making the compulsory allotment to a member of Class A, the minimum monthly allotment so designated to be made to members of Class B shall be one-seventh of his pay, but not less than $5 per month.-Sec. 206, ibid. 847. Exemption from additional allotment under Class B.-On the enlisted man's application, or otherwise for good cause shown, exemption from this additional allotment under Class B as a condition to the allowance may be granted, upon such conditions as may be prescribed by regulations.—Ibid. 848. Family allowance under Class B to be subject to following limitations. That the amount of the family allowance to members of Class B shall be subject to each of the following limitations: (a) If an allowance is paid to one or more beneficiaries of Class A, the total allowance to be paid to the beneficiaries of Class B shall not exceed the difference between the allowance paid to the beneficiaries of Class A and the sum of $50. (b) The total monthly allowance to beneficiaries of Class B added to the enlisted man's monthly allotment to them shall not exceed the average sum habitually contributed by him to their support monthly during the period of dependency but not exceeding a year immediately preceding his enlistment or the enactment of this amendatory act.-Sec. 207, ibid. 849. Apportionment of allotment and allowance to be prescribed by regulations. That as between the members of Class A and as between the members of Class B, the amount of the allotment and family allowance shall be apportioned as may be prescribed by regulations.-Sec. 208, ibid. 850. Entire amount of allotments to be paid over to Treasury Department monthly.—The War and Navy Departments, respectively, shall pay over to the Treasury Department monthly the entire amount of such allotments for distribution to the beneficiaries, and the allotments and family allowances shall be paid by the bureau to or for the beneficiaries.-Sec. 209, ibid. 851. Amount of allotment to be certified to War Department; modification of. That upon receipt of any application for family allowance the commissioner shall make all proper investigations and shall make an award, on the basis of which award the amount of the allotments to be made by the man shall be certified to the War Department or Navy Department, as may be proper. Whenever the commissioner shall have reason to believe that an allowance has been improperly made or that the conditions have changed, he shall investigate or reinvestigate and may modify the award. The amount of each monthly allotment and allowance shall be determined according to the conditions then existing.-Sec. 210, ibid. ARTICLE III. COMPENSATION FOR DEATH OR DISABILITY. 852. To whom same applies.-That for death or disability resulting from personal injury suffered or disease contracted in the line of duty, by any commissioned officer or enlisted man or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department, the United States shall pay compensation as hereinafter provided; but no compensation shall be paid if the injury or disease has been caused by his own willful misconduct.-Sec. 300, ibid., p. 405. 853. Amount of compensation if death results from injury; burial expenses, etc. That if death results from injury, if the deceased leaves a widow or child, or if he leaves a widowed mother dependent upon him for support, the monthly compensation shall be the following amounts: (a) For a widow alone, twenty-five dollars. (b) For a widow and one child, thirty-five dollars. (c) For a widow and two children, forty-seven dollars and fifty cents, with five dollars for each additional child up to two. (d) If there be no widow, then for one child, twenty dollars. (e) For two children, thirty dollars. (f) For three children, forty dollars, with five dollars for each additional child up to two. (g) For a widowed mother, twenty dollars. The amount payable under this subdivision shall not be greater than a sum which, when added to the total amount payable to the widow and children, does not exceed seventy-five dollars. This compensation shall be payable for the death of but one child, and no compensation for the death of a child shall be payable if such widowed mother is in receipt of compensation under the provisions of this article for the death of her husband. Such compensation shall be payable whether her widowhood arises before or after the death of the person and whenever her condition is such that if the person were living the widowed mother would have been dependent upon him for support. If the death occur before discharge or resignation from service, the United States shall pay for burial expenses and the return of body to his home a sum not to exceed one hundred dollars, as may be fixed by regulations. The payment of compensation to a widow or widowed mother shall continue until her death or remarriage. The payment of compensation to or for a child shall continue until such child reaches the age of eighteen years or marries, or if such child be incapable, because of insanity, idiocy, or being otherwise permanently helpless, then during such incapacity. Whenever the compensation payable to or for the benefit of any person under the provisions of this section is terminated by the happening of the contingency upon which it is limited, the compensation thereafter for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries. As between the widow and the children not in her custody, and as between children, the amount of the compensation shall be apportioned as may be prescribed by regulations. The word "widow" as used in this section shall not include one who shall have married the deceased later than ten years after the time of injury.-Sec. 301, ibid. 854. Amount of compensation if disability results from injury.—That if disability results from the injury— TOTAL DISABILITY. (1) If and while the disability is total, the monthly compensation shall be the following amounts: (a) If he has neither wife nor child living, thirty dollars. (d) If he has a wife and two children living, sixty-five dollars. (e) If he has a wife and three or more children living, seventy-five dollars. (f) If he has no wife but one child living, forty dollars, with ten dollars for each additional child up to two. (g) If he has a widowed mother dependent on him for support, then, in addition to the above amounts, ten dollars. To an injured person who is totally disabled and in addition so helpless as to be in constant need of a nurse or attendant, such additional sum shall be paid, but not exceeding twenty dollars per month, as the director may deem reasonable: Provided, however, That for the loss of both feet or both hands or both eyes, or for becoming totally blind or helpless and permanently bedridden from causes occurring in the line of duty in the service of the United States, the rate of compensation shall be one hundred dollars per month: Provided further, That no allowance shall be made for nurse or attendant. PARTIAL DISABILITY. (2) If and while the disability is partial, the monthly compensation shall be a percentage of the compensation that would be payable for his total disability, equal to the degree of the reduction in earning capacity resulting from the disability, but no compensation shall be payable for a reduction in earning capacity rated at less than ten per centum. A schedule of ratings of reductions in earning capacity from specific injuries or combinations of injuries of a permanent nature shall be adopted and applied by the bureau. Ratings may be as high as one hundred per centum. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations and not upon the impairment in earning capacity in each individual case, so that there shall be no reduction in the rate of compensation for individual success in overcoming the handicap of a permanent injury. The bureau shall from time to time readjust this schedule of ratings in accordance with actual experience. MEDICAL, SURGICAL, AND HOSPITAL SERVICES; SUPPLIES, ETC., TO BE FURNISHED. (3) In addition to the compensation above provided the injured person shall be furnished by the United States such reasonable governmental medical, surgical, and hospital services and with such supplies. including artificial limbs, trusses, and similar appliances, as the directory determine to be useful and reasonably necessary: Provided, That nothing in this act shall be construed to affect the necessary military control over any member of the Military or Naval Establishments before he shall have been discharged from the military or naval service. HOW MONTHLY PAYMENTS ARE DETERMINED. (4) The amount of each monthly payment shall be determined according to the family conditions then existing.-Sec. 302, ibid., 406. 855. Medical examinations, treatments, etc.-That every person applying for or in receipt of compensation for disability under the provisions of this article shall, as frequently and at such times and places as may be reasonably required, submit himself to examination by a medical officer of the United States or by a duly qualified physician designated or approved by the director. He may have a duly qualified physician designated and paid by him present to participate in such examination. For all examinations he shall, in the discretion of the director, be paid his reasonable traveling and other expenses and also loss of wages incurred in order to submit to such examination. If he refuses to submit himself for, or in any way obstructs, any examination, his right to claim compensation under this article shall be suspended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and no compensation shall be payable for the intervening period. Every person in receipt of compensation for disability shall submit to any reasonable medical or surgical treatment furnished by the bureau whenever requested by the bureau; and the consequences of unreasonable refusal to submit to any such treatment shall not be deemed to result from the injury compensated for.-Sec. 303, ibid. 856. Vocational training in case of permanent disability.-That in cases of dismemberment, of injuries to sight or hearing, and of other injuries commonly causing permanent disability, the injured person shall follow such course or courses of rehabilitation, reeducation, and vocational training as the United States may provide or procure to be provided. Should such course prevent the injured person from following a substantially gainful occupation while taking same, a form of enlistment may be required which shall bring the injured person into the military or naval service. Such enlistment shall entitle the person to full pay as during the last month of his active service, and his family to family allowances and allotment as hereinbefore provided, in lieu of all other compensation for the time being. In case of his willful failure properly to follow such course or so to enlist, payment of compensation shall be suspended until such willful failure ceases and no compensation shall be payable for the intervening period.-Sec. 304, ibid, p. 407. 857. Review of awards permissible.—That upon its own motion or upon application the bureau may at any time review an award, and, in accordance with the facts found upon such review, may end, diminish, or increase the compensation previously awarded, or, if compensation has been refused or discontinued, may award compensation.-Sec. 305, ibid. 858. Time limit for payment in case of death. That no compensation shall be payable for death or disability which does not occur prior to or within one year after discharge or resignation from the service, except that where, after a medical examination made pursuant to regulations, at the time of discharge or resignation from the service, or within such reasonable time thereafter, not exceeding one year, as may be allowed by regulations, a certificate has been obtained from the director to the effect that the injured person at the time of his discharge or resignation was suffering from injury likely to result in death or disability, compensation shall be payable for death or disability, whenever occurring proximately resulting from such injury.-Sec. 306, ibid. 859. Compensation not payable until death is recorded; not payable for period reported missing.-That compensation shall not be payable for death in the course of the service until the death be officially recorded in the department under which he may be serving. No compensation shall be payable for a period during which the man has been reported 'missing" and a family allowance has been paid for him under the provisions of Article II.-Sec. 307, ibid. 66 860. Compensation not payable for death inflicted as penalty for criminal offenses; not payable under dishonorable discharge. That no compensation shall be payable for death inflicted as a lawful punishment for a crime or military offense except when inflicted by the enemy. A dismissal or dishonorable or bad conduct discharge from the service shall bar and terminate all right to any compensation under the provisions of this article.-Sec. 308, ibid. 861. Time limit for filing claims.-That no compensation shall be payable unless a claim therefor be filed, in case of disability, within five years after discharge or resignation from the service, or, in case of death during the service, within five years after such death is officially recorded in the department under which he may be serving: Provided, however, That where compensation is payable for death or disability occurring after discharge or resignation from the service, claim must be made within five years after such death or the beginning of such disability. The time herein provided may be extended by the director not to exceed one year for good cause shown. If at the time that any right accrues to any person under the provisions of this article, such person is a minor, or is of unsound mind or physically unable to make a claim, the time herein provided shall not begin to run until such disability ceases. Sec. 309, ibid. 862. Payment of claims; when to commence.-That no compensation shall be payable for any period more than two years prior to the date of claim therefor, nor shall increased compensation be awarded to revert back more than one year prior to the date of claim therefor.-Sec. 310, ibid., p. 480. 863. Assignment of compensation not allowable; exempted from attachment and execution and from taxation.-That compensation under this article shall not be assignable, and shall be exempt from attachment and execution and from all taxation.-Sec. 311, ibid. 864, Not payable when in receipt of service or retirement pay; laws providing for gratuities, etc., repealed.-That compensation under this article shall not be paid while the person is in receipt of service or retirement pay. The laws providing for gratuities or payments in the event of death in the service and existing pension laws shall not be applicable after the enactment of this amendment to persons now in or hereafter entering the military or naval service, or to their widows, children, or their dependents, except in so far as rights under any such law shall have heretofore accrued.-Sec. 312, ibid. |