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Executive Order No. 6662
VETERANS REGULATION NO 12 (a)
Presumption of Entitlement to Pensions for Spanish-War Veterans and Certain Widows, Children and Dependent Parents of Deceased World War Veterans
By virtue of the authority vested in me under sections 1 and 4
of title I of the act entitled "An act to maintain the credit of the United States Government" approved March 20, 1933 (Public, No. 2, 73d Congress), the following regulation amending Veterans Regula- tion No. 12 is hereby prescribed:
1. Veterans Regulation No. 12 is hereby amended by adding a
new paragraph (II) to read as follows:
II. (a) Any veteran of the Spanish-American War, including the
Boxer Rebellion and the Philippine Insurrection, who on or before March 19, 1933, was rated disabled as the result of wound, injury or disease under general pension laws in effect on or before March 19, 1933, and who was on the rolls on March 19, 1933, either under the general pension laws or public laws granting service pensions, shall from the date of this regulation and without further applica- tion be entitled to receive pension at the rate prescribed by Veterans Regulation No. 1 (a), part I, and its amendments, and for this purpose the last rating for service connected disability in effect on or prior to March 19, 1933, shall be accepted.
(b) Any veteran of the Spanish-American War, including the
Boxer Rebellion and the Philippine Insurrection, who was on the rolls on March 19, 1933, and whose pension was reduced or discon- tinued as the result of Public Law Numbered 2, 73d Congress, shall from the date of this regulation to the date of decision by the Board of Veterans' Appeals and without further application, be entitled to receive 75 per centum of the payments being made on March 19, 1933: Provided, That the Board of Veterans' Appeals is hereby authorized and directed to review all such cases at the earliest prac- ticable date: Provided further, That the provisions of Veterans Reg- ulation No. 2 (a), part III, and shall be generally applicable for such review, and particularly the Board of Veterans' Appeals shall deter- mine on all available evidence the question of whether service con- nection shall be granted under the provisions of Veterans Regu- lations issued pursuant to Public Law Numbered 2, 73d Congress, and notwithstanding the evidence may not clearly demonstrate the existence of the disease or any specific clinical findings within the terms of or period prescribed by Veterans Regulation No. 1, Part I, subparagraph (c), issued under Public Law Numbered 2, 73d Con- gress, shall in their decisions resolve all reasonable doubts in favor of the veteran, the burden of proof in such cases being on the Govern- ment: Provided further, That the Administrator of Veterans' Affairs is hereby authorized and directed to develop such cases by correspond- ence and investigation to the end that all available material evidence shall be secured and made a part of the claim before decision by the Board of Veterans' Appeals is rendered: Provided further, That this paragraph shall not apply to any case where the requirements pertaining to honorable discharge, misconduct, participation in, delimiting dates of, or period or length of service during the Spanish- American War, Boxer Rebellion or Philippine Insurrection, as pre- scribed under the regulations promulgated pursuant to Public Law Numbered 2, 73d Congress, are not met: Provided further, That in those cases where, as the result of review, war time service connec- tion is granted by the Board of Veterans' Appeals under Veterans Regulation No. 1 (a) or Veterans Regulation No. 12, paragraph I, or this paragraph, pension shall be payable effective July 1, 1933, at the rates provided by Veterans Regulation No. 1 (a), Part I, and its amendments subject to deduction of the amount of pension paid for any period subsequent to June 30, 1933: Provided further, That the provisions of the regulations promulgated under Public Law Num- bered 2, 73d Congress, pertaining to Federal employees, hospitalized cases, and beneficiaries residing outside the continental limits of the United States, shall be applicable to those persons entitled to pension under the foregoing provisions of this subparagraph.
Franklin D. Roosevelt.
The White House,
March 27, 1934.
[No. 6662]
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