90
PUBLIC LAW 85-56-JUNE 17, 1967
[71 S T A T.
ber 31, 1956, or (B) pursuant to the election of a widow, child, or parent, in the case of such a death occurring before January 1, 1957. (16) The term "pension" means a monthly payment made by the Administrator to a veteran because of service, age, or non-serviceconnected disability, or to a widow or child of a veteran because of the non-service-connected death of the veteran. (17) The term "service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. (18) The term "non-service-connected" means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. DEPENDENT
Post, p. 632.
PARENTS
SEC. 102. (a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Administrator. (b) Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in the United States, its Territories, Commonwealths, and possessions, where the monthly income for a mother or father, not living together, does not exceed $105, or where the monthly income for a mother and father living together does not exceed $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator. (c) For the purposes of this section in determining monthly income the Administrator shall not consider any payments made by the United States because of disability or death under laws administered by the Veterans' Administration. DETERMINATION OF DATE OF MARRIAGE
Poat, p. 485.
SEC. 103. Where a widow has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to marriage has been met. APPROVAL OF EDUCATIONAL INSTITUTIONS
38 USC ffn
SEC. 104. (a) For the purpose of determining whether or not benefits are payable under this Act and title II of the Servicemen's and Veter^^^' Survivor Benefits Act for a child over the age of eighteen years and under the age of twenty-one years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Administrator may approve or disapprove such educational institutions. (b) The Administrator may not approve an educational institution under this section unless such institution has agreea to report to him the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Administrator shall be withdrawn. L I N E OF DUTY A N D
MISCONDUCT
SEC. 105. An injury or disease incurred during military, naval, or air service will be deemed to have been incurred in line of duty and not. the result of the veteran's own misconduct when the person on whose account benefits are claimed was, at the time the injury was
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