Page:United States Statutes at Large Volume 72 Part 1.djvu/1164

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[72 Stat. 1122]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1122]

1122

PUBLIC LAW 85-857-SEPT. 2, 1958

[72 S T A T.

(F) has no wife but two children living, $27; (G) has no wife but three or more children living, $39; and (H) has a mother or father, either or both dependent upon him for support, then, in addition to the above amounts, $19 for each parent so dependent. (2) If and while rated partially disabled, but not less than 50 per centum, in an amount having the same ratio to the amount specified in paragraph (1) as the degree of his disability bears to total disability. The amounts payable under this paragraph shall be adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar. (b) The additional compensation for a dependent or dependents provided by this section shall not be payable to any veteran during any period he is in receipt of an increased rate of subsistence allowan(;e or education and training allowance on account of a dependent or dependents under any other law administered by the Veterans' Administration. The veteran may elect to receive whichever is the greater. Subchapter III—Wartime Death Compensation § 321. Basic entitlement The surviving wddow, child or children, and dependent parent or parents of any veteran who died before January 1, 1967 (or after April 30, 1957, under the circumstances described in section 417(a) of this title) as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in section 322 of this title. § 322. Rates of wartime death compensation The monthly rates of death compensation shall be as follows: (1) Widow but no child, $87: (2) Widow with one child, $121 (with $29 for each additional child); (3) No widow but one child, $67; (4) No widow but two children, $94 (equally divided); (5) No widow but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided); (6) Dependent mother or father, $75; (7) Dependent mother and father, $40 each. Subchapter IV—Peacetime Disability Compensation § 331. Basic entitlement For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is the result of the veteran's own willful misconduct. § 332. Presumption of sound condition For the purposes of section 331 of this title, every person employed in the active military, naval, or air service for six months or more shall be taken to have been in sound condition when examined,