receipt of such pension exceeds $2,500, the award of pension shall be discontinued from the date of last payment.

(2) A follow-up will be maintained with respect to questionnaires forwarded to payees for the purpose of determining the amount of annual income, as follows: If at the expiration of thirty days, or sixty days if payee resides without the continental limits of the United States, the questionnaire is not returned, another will be forwarded; if the questionnaire is not returned at the expiration of the second thirty days, or sixty days if the payee resides without the continental limits of the United States, the award will be discontinued as of the date of last payment and the payee notified as to the reason for discontinuance. also §§ 3.1228, 3.1293, and 3.2163. (49 Stat. 2031; 50 Stat. 660; 52 Stat. 352; 53 Stat. 1068; 58 Stat. 229; 58 Stat. 803; 38 U.S.C. 508, 509, Supp., 509 (a), 503, sec. 507B)

See

(i) Beneficiary resident in enemycontrolled territory. Discontinuance of death pension or compensation under section 5 of Public No. 144, 78th Congress, shall be effective July 12, 1943, on an award to any person not a citizen of the United States who is located in the territory of or under military control of an enemy of the United States or of any of its allies: Provided, That while such person is located in a territory of or under military control of an enemy of the United States or any of its allies, any part of the benefits to which such person would otherwise be entitled may be apportioned and paid to the dependents of such person who are in the United States or in a place not occupied or controlled by such enemy, except that the amount so apportioned and paid shall not exceed the amount to which each dependent would be entitled if such person were dead. As to recommencement of payments, see § 5.2588 (f). (57 Stat. 554; 38 U.S.C. 727)

CODIFICATION: In § 5.2586, paragraph (c) (2) and (g) were amended to read as set forth above, paragraphs (h) and (i) were revoked, paragraphs (1) and (k) were redesignated (h) and (1) respectively, and paragraph (1) as redesignated was amended to read as set forth above, by Regulation, Administrator, Nov. 5, 1945, 10 F.R. 13693.

for periods prior to December 14, 1944, and $74.00 for periods commencing on or after December 14, 1944 (Public No. 483, 78th Congress). As to a widow and child or children not in her care and custody, any amount payable under this paragraph may be apportioned as prescribed in § 5.2591. (58 Stat. 803)

BURIAL AND FUNERAL EXPENSES AND TRANSPORTATION OF BODIES OF VETERANS

SOURCE: 5.2692 to 5.2703, appearing in this Supplement, contained in Regulations, Administrator, Apr. 14, 1945, 10 F.R. 4039.

§ 5.2692 Payment of burial expenses of deceased war veterans and veterans of the regular establishment.

(d) Limitation as to time for filing and perfecting claim. (1) All claims for reimbursement or direct payment of burial and funeral expenses and transportation of the body must be filed within two years subsequent to the date of permanent burial or cremation of the veteran by the person entitled or by some person acting for him; e. g., burial or cremation on December 1, 1944, claim filed December 1, 1946, is timely filed. In the event the claimant's application is not complete at the time of original submission, the claimant and the person acting for him, if any, will be notified of the evidence necessary to complete the application and if such evidence is not received within one year from the date of the request therefor no allowance may be paid: Provided, That if within the two-year period from date of permanent burial or cremation, the claim is disallowed because the evidence to complete it was not received within one year from request therefor, and a new claim (formal or informal) is filed within such twoyear period, the claimant will be notified of the evidence necessary to complete the claim and if such evidence is received within one year from the date of request therefor the allowance may be paid if the claimant is otherwise entitled.

(2) Where the death or burial of a veteran occurred on or after March 20, 1933, and claim for burial allowance was not filed, or was filed after the expiration of the regulatory period, or was filed within the regulatory period and disallowed because the evidence necessary to complete the claim was not timely filed, or was filed within the regulatory period and disallowed in whole or in part because of a payment made by a lodge, union, fraternal organization, society,

beneficial organization, insurance company, or because of a cash contribution made by a burial association to any person other than the person rendering burial and funeral services, a claim, formal or informal, filed within two years after October 17, 1940, or on or before October 17, 1942, shall be adjudicated under the provisions of §§ 5.2692 to 5.2707. inclusive: Provided,

(3) Where a claim for the statutory burial allowance, based on the death of a veteran on or after March 20, 1933, has been denied for any of the reasons outlined in (2) above, and such claim was otherwise payable under then existing law and regulations, such claim may be reconsidered under present existing law and regulations upon receipt, on or before October 17, 1942, of written request therefor from the claimant or his representative (Public No. 866, 76th Congress, Act of October 17, 1940.) [Paragraph (d) amended]

§ 5.2694 "Veteran of any War"; definition of (a) Persons included. The term "veteran of any war" for the purpose of adjudicating claims for direct payment of, or reimbursement for burial, funeral and transportation expenses incurred in behalf of deceased veterans where death was on or subsequent to March 20, 1933, will include:

(1) Civil War, any member of the active military or naval service of the United States, discharged under conditions other than dishonorable, who served during the Civil War subsequent to April 11, 1861, and prior to May 27, 1865, including those persons who served as members of State organizations participating in the Civil War for whose services the State has been reimbursed by the United States Government. Nothing herein shall be construed to exclude from the definition any person who was receiving pension as a Civil War veteran under the Civil War service pension laws or who was not entitled to pension under such Civil War pension service laws solely because of length of service or as to whom any Special Act of Congress has been enacted which provides that such person shall be considered as having rendered military service during the Civil War. Civil War nurses are inIcluded in this definition if in receipt of pension for Civil War service;

(2) Indian Wars, any veteran of any Indian war, as formerly contemplated by

the provisions of section 201 (1) of the World War Veterans' Act, 1924, as amended, and regulations, precedents, and instructions issued pursuant thereto, or a person who at time of his death was receiving a pension in accordance with the provisions of the laws governing the payment of a pension as a veteran of an Indian war. Pension conferred by a special act does not in itself confer right to the burial allowance unless such act specifically provides that the person shall be considered as having rendered military service during the Indian wars;

(3) Spanish American War (includes Philippine Insurrection and Boxer Rebellion), any officer or enlisted man who was employed in the active military or naval service of the United States on or after April 21, 1898, and before July 5, 1902, who was discharged under conditions other than dishonorable, including those women who served as Army nurses under contract or who served in the Nurse Corps (female), and also including contract surgeons of the Army who served overseas during this period: Provided, however, That if the person was serving with the United States military forces engaged in the hostilities in the Moro Province, Philippine Islands, the ending date will be extended to include July 15, 1903;

(4) World War I, any officer, enlisted man, member of the Army Nurse Corps (female), Navy Nurse Corps (female), discharged under conditions other than dishonorable, who was employed in the active military or naval service of the United States on or after April 6, 1917, and before November 12, 1918: Provided, however, That if the person was serving in the United States military forces in Russia the ending date will be extended through April 1, 1920 (the provisions of section 5, Public No. 304, 75th Congress, are not applicable to burial claims);

(5) World War II, any person discharged or released from active duty under conditions other than dishonorable, who served in the active military or naval service of the United States on or after December 7, 1941, and before the termination of hostilities in World War II: Provided, That the term "active military or naval service", as used herein shall include active duty as a member of the Women's Army Auxiliary Corps, Women's Army Corps (WAAC and WAC), Women's Reserve of the Navy

and Marine Corps. and Women's Reserve of the Coast Guard;

(6) Any enlisted man or officer of the Army, Navy, Marine Corps, or Coast Guard in retirement status at the date of death if shown to have served during the period of any war. Where death occurs on or after March 28, 1934 (except as provided in (b) below), and the other requirements of this paragraph have been met the character of discharge will not bar payment of the burial allowance if the veteran was in receipt of pension, compensation or emergency officers retirement pay at the time of his death. (§ 35.09.)

(b) Dishonorable conditions. (1) A person discharged or dismissed by reason of the sentence of a general court martial, or discharged on the ground that he was a conscientious objector who refused to perform military duty or refused to wear the uniform or otherwise comply with lawful orders of competent military authority, or as a deserter, or in the case of an officer where his resignation is accepted for the good of the service shall be barred from entitlement to the burial allowance based upon the period of service from which so discharged or dismissed.

(2) The requirement of the words "dishonorable conditions" will be deemed to have been met when it is shown that the discharge or separation from active military or naval service was (i) for mutiny, (ii) spying, or (iii) for an offense involving moral turpitude or wilful and persistent misconduct, of which convicted by a civil or military court: Provided, however, That where service was otherwise honest, faithful, and meritorious a discharge or separation other than dishonorable because of the commission of a minor offense will not be deemed to constitute discharge or separation under dishonorable conditions and under such circumstances the burial allowance will, if all other conditions are present, be allowable.

that term as defined in paragraph (a) of this section, even though such person may have been in receipt of compensation or pension. (§ 35.09.)

$5.2695 "Veteran" (other than "veteran of any war"); definition of—(a) Persons included. The term "veteran" (other than a "veteran of any war") for the purpose of adjudicating claims for the direct payment of, or reimbursement for burial, funeral and transportation expenses incurred in behalf of deceased veterans where death occurred on, or subsequent to October 5, 1940, will include: (1) a veteran discharged or retired from the Army, Navy, Marine Corps, or Coast Guard for disability incurred in or aggravated by service in line of duty, or (2) a veteran of the Army, Navy, Marine Corps, or Coast Guard in receipt of pension for serviceconnected disability. (Public No. 796, 76th Congress.)

(b) Discharge for disability incurred in line of duty. For veterans discharged or retired from the Army, Navy, Marine Corps, or Coast Guard for disability, who are not in receipt of pension for serviceconnected disability, the official records of the service department showing that the disability on account of which the veteran was discharged or separated from his service was incurred in line of duty will be accepted for the purpose of determining eligibility to the burial allowance, notwithstanding the fact that the Veterans Administration has made a determination in connection with a claim for monetary benefits that the disability was incurred not in line of duty. (c) In those exceptional cases where the official records of the service department show discharge because of expiration of period of enlistment or any other reason save disability but also show a disability incurred in line of duty during the said enlistment and on account of which the veteran was under treatment at the time of discharge, or where not under treatment therefor at time of discharge, said disability is considered in medical judgment to be or to have been of such character, duration and degree as to have justified a discharge for disability incurred in line of duty had the period of enlistment not expired or other reason for discharge been given, the adjudicating agency, upon consideration of the facts of record, is authorized to determine whether such facts were sufficient to have warranted a discharge for

disability incurred in line of duty, and if determined to have been so warranted, the burial allowance may be authorized, provided entitlement is otherwise established.

(d) Where claim for the burial allowance would be or has been disallowed on the basis of the official records of the service department showing that the disability was not incurred in line of duty and evidence is submitted to the Veterans' Administration which permits of a different finding, the decision of the service department will not be binding upon the Veterans' Administration which will be free to make its own determination of line of duty incurrence upon the evidence so submitted: Provided, That the burden of proof will rest upon the claimant. Such controverting evidence will be considered by those employees authorized to make finding of fact and law in burial claims except that in any case under this paragraph or (c) where a medical question is involved, the case will be referred to a rating agency of original jurisdiction for determination as to whether the disability for which the veteran was discharged was incurred in line of duty or for determination as to whether the facts of record would, in those cases where discharge was for other reasons, save disability, have warranted a discharge for disability incurred in line of duty.

§ 5.2700 Filing of claim for unauthorized burial, funeral and transportation expenses. (a) Claims for burial, funeral and transportation expenses must be submitted on Form 530, Application for Burial Allowance, and should be executed by:

(1) The undertaker where bill is unpaid (see § 5.2712);

(2) The individual who used personal funds to pay burial, funeral and transportation expenses;

(3) The executor or administrator of the estate of the veteran or of the estate of the person who paid the expense of the veteran's burial. If no administrator or executor is appointed then by some person acting for such estate who will make distribution of the burial allowance to the person or persons entitled under the laws governing the distribution of intestate estates in the State of the decedent's personal domicile.

In addition to Form 530, claims for burial, funeral and transportation ex

penses should be supported by a statement of account (preferably on the billhead of the undertaker), showing the cost of the service rendered and the name of the deceased veteran. Receipt must be furnished to cover charges for cremation, grave digging, grave space, firing squads, and for items not ordinarily carried in an undertaker's stock, or for services performed by persons other than the undertaker or his regular employees where these items and services are listed on an unpaid bill supporting a claim for the burial allowance, and the other allowable items or services are not sufficient to cover the amount to be awarded. All statements of account, where paid, must show by whom payment was made and be receipted in the name of the undertaking firm or individual owner, who received payment. [Paragraph (a) amended]

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§ 5.2702 Non-allowable expenses of burial, funeral and transportation. (a) (1) Cost of State tax and items of food and drink (domestic or foreign cases) will not be allowed.

(2) Duplicate items. Payment may not be made for duplicate items of service such as casket, clothing, etc., previously furnished by any Federal agency.

§ 5.2703 Transportation; death in a Veterans Administration facility or while traveling under prior authorization. (a) Items allowable as part of transportation where shipment is by common carrier.

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(3) Outside case for shipment. (If the box purchased for interment purposes was also used for a shipping box, an allowance of $25.00 may be made on the cost of the box as a part of transportation expense, in addition to the statutory allowance of $100.00 as provided in § 5.2696, and any balance on such box may be included in the burial allowance of $100.00.)

(4) Sealing outside case (tin or galvanized iron). (Where a vault, steel or concrete, is used as a shipping case and also for burial, an allowance of $25.00 may be made on the cost of the vault as a part of transportation expense, in addition to the statutory burial allowance of $100.00 as provided in § 5.2696, and any balance on such vault may be included in the burial allowance of $100.00.) (58 Stat. 284; 38 U.S.C. 693) [Subparagraphs (3) and (4) amended]

10.3433 Exchange of a five-year level premium term policy as of a current effective date. [Revised]

10.3434 Exchange of a five-year level premium term policy as of a date prior to the current month. [Revised]

EXTENSION OF FIVE-YEAR LEVEL PREMIUM TERM POLICIES ADDED]

10.3484 Five-year level premium term insurance as extended by Public No. 118, 79th Congress.

TOTAL DISABILITY PROVISION FOR UNITED STATES GOVERNMENT LIFE INSURANCE

§ 10.3160 Total disability provision for United States Government life insurance. The total disability provision for United States Government life insurance authorized by section 311 of the World War Veterans' Act, 1924, as amended May 29, 1928 (45 Stat. 970) is as follows:

(a) Under the authority of section 311 of the World War Veterans' Act as amended May 29, 1928, the following disability provision is hereby added to and becomes a part effective of policy K..

on the life of

(b) In consideration of the application therefor and evidence of good health, and payment of the additional monthly premium of $ payable under the same terms and conditions as the regular monthly premium on the insurance contract, until the maturity of this policy by death, total permanent dis