(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 officers' retirement pay, or, if there be no surviving widow to the surviving child or children 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)) within 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 within 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 interest 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 31st, 1933,

THE WHITE HOUSE.

[No. 6090]

EXECUTIVE ORDER

VETERANS REGULATION NO. 3

SCHEDULE FOR RATING DISABILITIES

WHEREAS, Section 3, Title I, of Public No. 2, 73rd Congress, entitled "An Act To maintain the credit of the United States Government", provides:

"For each class of persons specified in subparagraphs (a) and (b) of section 1 of this title the President is hereby authorized to prescribe by regulation the minimum degrees of disability and such higher degrees of disability, if any, as in his judgment should be recognized and prescribe the rate of pension payable for each such degree of disability. In fixing rates of pensions for disability or death the President shall prescribe by regulation such differentiation as he may deem just and equitable, in the rates to be paid to veterans of different wars and/or their dependents and to be paid for

(a) Disabilities and deaths resulting from disease or injury incurred or aggravated in line of duty in war-time service;

(b) Disabilities and deaths resulting from disease or injury incurred or aggravated in line of duty in peace-time service;

(c) Disabilities and deaths not incurred in service."

NOW, THEREFORE, by virtue of the authority vested in me by said law, the following regulation is hereby promulgated:

I. The Administrator of Veterans' Affairs is hereby authorized and directed to adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide five grades of disability and no more, upon which payments of pension shall be based, namely, ten per cent, including those ten per cent but not twenty-five per cent; twenty-five per cent including those twentyfive per cent but not fifty per cent; fifty per cent including those fifty per cent but not seventy-five per cent; senty-five per cent, including those seventy-five per cent but not total; and total, one hundred per cent. The Administrator of Veterans' Affairs shall from time to time readjust this schedule of ratings in accordance with experience. FRANKLIN D ROOSEVELT

March 31st, 1933,
THE WHITE HOUSE.

[No. 6091]

EXECUTIVE ORDER

VETERANS REGULATION NO. 4

PROTECTED AWARDS

WHEREAS, Section 17, Title I, of Public No. 2, 73rd Congress, entitled "An Act To maintain the credit of the United States Government" provides:

"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.'

NOW, THEREFORE, by virtue of the authority vested in me by said law, the following regulation is hereby promulgated:

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.

March 31st, 1933,

THE WHITE HOUSE.

[No. 6092]

FRANKLIN D ROOSEVELT

EXECUTIVE ORDER

VETERANS REGULATION NO. 5

ENTITLEMENT TO EMERGENCY OFFICERS' RETIRED PAY

WHEREAS, Section 10, Title I, of Public No. 2, 73rd Congress, entitled "An Act To maintain the credit of the United States Government" provides:

"Notwithstanding the provisions of section 2 of this title, any person who served as an officer of the Army, Navy, or Marine Corps of the United States during the World War, other than as an officer of the Regular Army, Navy, or Marine Corps during the World War, who made valid application for retirement under the provision of Public No. 506, Seventieth Congress, enacted May 24, 1928, sections 581 and 582, Title 38, United States Code, and who prior to the passage of this Act has been granted retirement with pay, shall be entitled to continue to receive retirement pay at the monthly rate now being paid him if the disability for which he has been retired resulted from disease or injury or aggravation of a preexisting disease or injury incurred in line of duty during such service: Provided, That such person entered active service between April 6, 1917, and November 11, 1918: Provided, That the disease or injury or aggravation of the disease or injury directly resulted from the performance of military or naval duty, and that such person otherwise meets the requirements of the regulations which may be issued under the provisions of this Act."

NOW, THEREFORE, by virtue of the authority vested in me by said law the following regulation is hereby promulgated:

I. Any person who served as an officer of the Army, Navy or Marine Corps of the United States during the World War, other than as an officer of the Regular Army, Navy or Marine Corps during the World War, who made valid application for retirement under the provisions of Public 506, 70th Congress, enacted May 24, 1928, Sections