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Executive Order No. 6229

VETERANS REGULATION NO. 1 (b)

Entitlement to Pensions

  Whereas, section 1, title I, of Public, No. 2, 73d Congress, entitled "An act to maintain the credit of the United States Government", provides:

  "That subject to such requirements and limitations as shall be contained in regulations to be issued by the President, and within the limits of appropria- tions made by Congress, the following classes of persons may be paid a pension: (a) Any person who served in the active military or naval service and who is disabled as a result of disease or injury or aggravation of a preexisting disease or injury incurred in line of duty in such service. (b) Any person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine insurrection, or the World War, and who is permanently disabled as a result of injury or disease: Pro- vided, That, nothing contained in this title shall deny a pension to a Spanish- American War veteran past the age of sixty-two years entitled to a pension under existing law, but the President may reduce the rate of pension as he may deem proper. (c) The widow, child, or children, dependent mother or father, of any person who dies as a result of disease or injury incurred or aggravated in line of duty in the active military or naval service. (d) The widow and/or child of any deceased person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebel- lion and the Philippine Insurrection (e) or the purpose of subparagraph (b) of this section, the World War shall be deemed to have ended November 11, 1918."

  And whereas section 20, of Public, No. 78, 73d Congress, entitled "An act making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes", pro- vides in part:

  * * * Notwithstanding any of the provisions of Public Law Numbered 2. Seventy-third Congress, any veteran of the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, who served ninety days or more, was honorably discharged from the service, is fifty-five years of age or over, is 50 per centum disabled, and in need as defined by the President, shall be paid a pension of not less than $15 per month.

  Now, therefore, by virtue of the authority vested in me by said laws, Veterans Regulation No. 1 (a) is amended as hereinafter provided:

  1. Veterans, Regulation No. 1 (a), part III, paragraph I (e), is hereby amended to read as follows:

  (e) Except as provided in subparagraphs (g) and (h) of para- graph I hereof, no pension shall be payable under part III for permanent disability less than total. A permanent total disability shall be taken to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation and where it is reasonably certain that such impairment will continue throughout the life of the disabled person. Notwithstanding this definition the Administrator of Veterans' Affairs is hereby author- ized to classify as permanent and total those diseases and disorders, the nature and extent of which in his judgment is such as to justify such a determination.

  2. Veterans Regulation No. 1 (a), part III, paragraph I, is hereby amended by adding a new subparagraph (h) to read as
follows:

  (h) Any veteran of the Spanish-American War, including the Boxer Rebellion and Philippine Insurrection, fifty-five years of age or over, who is 50 centum disabled, and who meets the other requirements of part III shall be paid a pension of not less than $15 per month.

Franklin D. Roosevelt

The White House,

  July 28, 1933.

  [No. 6229]

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