Vivian, John C.

English

University of Denver

Denver Law Review Volume 9 Issue 10 Article 4 July 2021 The Law of the Veteran John C. Vivian Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation John C. Vivian, The Law of the Veteran, 9 Dicta 291 (1931-1932). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. THE LAW OF THE VETERANBy John C. Vivian of the Denver BarENEFITS to veterans of the World war and other warshave grown so rapidly with the continual enactment oflegislation by a beneficent government that many of theformer defenders of the nation are even now unapprised of theadvantages which accrue to them because of their militaryservice.More progress has been made in behalf of those men andwomen who participated in the World war than the veteransof other wars because the demands of the last conflict weregreater than ever before.COMPENSATIONCompensation is available to those men and women whoserved between April 6, 1917 (the date of our entry into thewar) and July 2, 1921, when the hostilities were officially de-clared at an end. It is payable for disability occurring in theservice between the aforesaid dates. It is also available to asoldier suffering a disability prior to April 6, 1917, providedhe was in continuous service following that date.Compensation is also payable where a beneficiary suffersany injury or an aggravation thereof as a result of hospitali-zation or medical or surgical treatment lawfully awarded bythe administration and not the result of his own wilful mis-conduct, provided, however, such cases may be compensatedin the event that the veteran has become helpless or bedriddenas a result of such disability. Should death result, serviceconnection will be granted and dependency compensation paidto those entitled to it. Application for the latter must be madewithin two years after the injury or aggravation was sufferedor death occurred or after June 7, 1924, whichever is the laterdate.Another requirement is that the applicant must have beenhonorably discharged from the military establishment.The disease must have been incurred in, traceable to oraggravated by military service resulting in physical or mentaldisability, provided such disability was not caused by wilfulmisconduct.DICTAHOSPITALIZATIONVeterans of any war, military expedition or occupation,including women who served as contract nurses, between April21, 1898, and February 2, 1901, are eligible under the law forhospitalization and reimbursement of burial expense.All such claims are handled by the several regional officesof the Veterans' Administration, at least one of which islocated in each state.Hospitalization is furnished by the government gratis, toall World war veterans who are suffering from service con-nected disabilities.Veterans of any war not dishonorably discharged are en-titled to hospitalization in government institutions, providedfacilities are available.Allied veterans are entitled to treatment in hospitals onlyfor service disabilities on prior authority from the governmentconcerned, under treaty arrangement.Non-service connected cases which are financially unableto clothe themselves while in hospitals are furnished the neces-sary garments by the Veterans' Bureau.Service connected disabilities may receive treatment bydesignated examiners in the neighborhood of their homes whennecessary. Out patient treatment is also provided in regionaloffices.Hospitalization is obtained by direct application to theregional office having jurisdiction in both service and non-service connected cases. The request should be made by theveteran supported with a doctor's statement showing what dis-ease or injury he is suffering from and describing his condi-tion in definite terms. Forms for this purpose are availableat the regional office.There is no authority under the law for the treatment ofnon-service connected disabilities outside of government hos-pitals except for women veterans. If an emergency exists, theveteran or his physician, or both, should telephone the chiefmedical officer and give him all the facts. If the case is aservice connected one, the medical officer has ample authorityto arrange for immediate care. If the condition is not serviceconnected, this officer is limited to such government facilitiesas are available. As long as there is a shortage of hospital292DICTAbeds, which is the situation at present, the immediate care ofnon-service connected cases is practically an impossibility.The government will pay transportation expenses fromthe home of the veteran to the nearest hospital when previouslyauthorized by the Veterans' Bureau. The law permits theadministration to reimburse the veteran for unauthorizedmedical treatment only in those cases where the disability isservice connected and an emergency existed.It should be borne in mind that the veteran should notpresent himself directly to a government hospital but shouldfollow the procedure outlined above. Authority from theVeterans' Bureau for hospitalization as well as traveling ex-penses must positively be secured from the Regional Officebefore the veteran starts on his journey to the hospital.PHYSICAL EXAMINATIONSThe law confers upon the administration the right toexamine or re-examine a government beneficiary at such timeor place as may be reasonably required. If the veteran neg-lects, refuses or obstructs such examination, his right to com-pensation may be suspended during the period of neglect,refusal or obstruction and any additional disability resultingfrom a refusal to accept treatment will not be compensated.DISABILITY ALLOWANCEDisability allowance is available to those men of theWorld war whose defect is permanent and not attributableor traceable to the service and not the result of his own wilfulmisconduct. It varies in amount from $12.00 a month for a25 per cent disability to $40.00 a month for a total disability.It was enacted in order to provide what is virtually a pensionfor those men who are disabled, not as a result of service orwho cannot establish service connection.Any honorably discharged person who entered the serviceprior to November 11, 1918, who served 90 days or more dur-ing the World war and who is entitled to exemption frompayment of income tax for the preceding year and who has apermanent disability in excess of 25 per cent not the resultof his own wilful misconduct, is eligible for the award.DICTAINSURANCEGovernment war risk insurance is payable to the bene-ficiaries of those men who took out policies while they werein the service or since. This protection is also paid to theinsured if he become permanently and totally disabled, at therate of $5.75 per month for every $1,000.00 of insurancecarried.If the government denies the claim for insurance onaccount of total permanent disability or death, suit may bebrought against the United States in the Federal DistrictCourt. No action may be maintained for compensation asdistinguished from insurance.Suits of this character are of a contingent nature so far asthe attorney's fee is concerned. The latter is allowable up to10 per cent of the amount recovered in the discretion of thecourt. The action may be maintained only after a claim hasbeen submitted to the administrator of veterans affairs anddenied by him.VETERANS ADMINISTRATIONThe veterans administration has complete charge of allaffairs relating to veterans of any and all wars in which theUnited States has been engaged. This includes the Veteransand Pension Bureaus and the National Soldiers Homes. Eachis in charge of an assistant administrator accountable to theadministrator of veterans affairs.CLAIMSBriefly, all claims arising out of or after the death of aveteran are handled by central office in Washington whilethose for hospitalization, compensation, disability allowance,and similar items affecting the disabled, are the concern of theregional offices with the right of appeal to a board of review,divided into areas and the administrator's board of appealsas a final resort. The area board of review office for the Westis located at San Francisco.When a veteran dies from a service connected disability,compensation may be paid to his widow, children or depend-ent parents. Such payments to a widow continue until herremarriage or death, to a child until it reaches the age ofILI/4-DICTAeighteen or marries and to parents during the period ofdependency.When a person receiving or who is entitled to receivecompensation or insurance dies, the amount due and accruedis payable to the estate of deceased. If the sum involved is inexcess of $1,000.00 it is paid to the administrator or executorthereof. If less than this amount, it is relinquished in accord-ance with the intestacy law of the state in which the decedenthad his last legal residence.Disability compensation may be allotted by a beneficiaryof the administration for the benefit of any person entitledthereto when the payee has been hospitalized for treatment bythe government for 60 days or more. Such compensation willlikewise be apportioned under regulations to wives and chil-dren of estranged parents or those not living together.ATTENDANT ALLOWANCESAn additional allowance of not to exceed $50.00 a monthmay be granted during a period when personal assistance isneeded by the veteran, but not while hospitalized at govern-ment expense. To secure such allowance it must be shownthat the disabled person needs assistance in dressing, bathing,keeping in a presentable condition and feeding and protectinghimself from hazards or dangers incident to his daily environ-ment.APPLIANCESThe administration will furnish orthopedic and prostheticappliances (artificial limbs, braces, etc.) without cost and asoften as necessary in all service connected cases requiring thesame, and non-service connected cases requiring hospitaliza-tion when the veteran is financially unable to furnish them.LOSS OF WAGESAny veteran undergoing physical examination or observa-tion by the Veterans Bureau may be paid $2.65 per day as apartial reimbursement for his loss of wages. Total reimburse-ment, when added to compensation payable, cannot exceed$80.00 in any one month.295DICTABURIALSFuneral and burial expense of $100.00 and an Americanflag, are allowed where a veteran dies subsequent to April 6,1917, provided he is drawing compensation from the govern-ment. Any veteran of any war not dishonorably dischargedwho leaves an estate of less than $1,000.00 is likewise entitledto this benefit. All postmasters at county seats are authorizedto furnish flags with which to drape the casket.If death occurs while a beneficiary is ensconced in agovernmental institution, the veteran will be allowed trans-portation expenses to the place of burial.Burial may be had in a national cemetery if desired by thepersons entitled to the custody of the body. Application mustbe made to the superintendent of national cemeteries, Wash-ington, D. C., and a certified copy of discharge forwarded.HEADSTONESHeadstones will be furnished for unmarked graves ofsoldiers who served in any branch of the service when appli-cation is made to the quartermaster general of the Army. Theywill be shipped, freight prepaid by the government, to thenearest railroad station or steamboat landing.GUARDIANSHIPGuardianship under state statutes is necessary where thebeneficiary is a minor or mentally incompetent.INSPECTION OF FILESAll records relating to a claim for insurance or compen-sation are confidential except to the claimant or his dulyauthorized representative and only then as to matters relatingto the veteran himself, provided that such disclosure wouldnot be detrimental or injurious to his physical and mentalwell-being.Accredited service organization representatives are au-thorized to review case folders when requested to do so byclaimants.Development of evidence in the prosecution of claimsis a technical subject and must conform to the law, and the296DICTArules and regulations promulgated by the veterans adminis-tration.DEPENDENCY COMPENSATIONAdditional compensation on account of dependents ispayable to a veteran rated as temporary. No additional allow-ance is made for those on a permanent basis. Widows andchildren or dependent parents of a veteran who died of aservice incurred disability are likewise entitled to allowanceson this account.ADJUSTED COMPENSATIONAdjusted compensation, otherwise known as the bonus, isavailable to thousands of veterans who have not applied forit. Applications may be made until January 2, 1935. Thecertificate has a loan value up to 50 per cent of the face valuethereof.PENSIONSThe director of pensions, under the supervision of theadministrator of veterans affairs, has complete jurisdictionover adjudication of pension claims.SOLDIERS HOMESNational homes for disabled volunteer soldiers are nowa part of the veterans administration. Honorably dischargedsoldiers, sailors and marines who are disabled and who haveno adequate means of support and who, by reason of suchdisability are either temporarily or permanently incapacitatedfrom earning a living, are entitled to the benefits of thesehomes. Eligibility for admission to a Home is determinedat the institution where application is made.There is but one good fortune to the earnest man. This is opportunity;and sooner or later, opportunity will come to him who can make use of it.-David Starr Jordan.We pass for what we are. Character teaches above our wills. Menimagine that they communicate their virtue or vice only by overt actions, anddo not see that virtue or vice emit a breath every moment.-Emerson.297

The Law of the Veteran

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The Law of the Veteran

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