Evening star., 1932-04-17

amended. the pension laws, or the
equals or exceeds $4,000. payment Of
the $40 per month shall be discontinued
until the estate is reduced to $4,000;
| provided further, that if in the judg-
ment of the administrator q mentally
| incompetent person. receiving compen-
sation, pension. disability allowance. or
| retired pay under the emergency offi-
GERS retirement act, requires institu-
tional care for his mental condition
and his guardian or other person
charged with his custody refuses to ac-
| cept or permit the continuance of the
institutional care offered by the admin
iStrator the compensation, pension, dis
| ability allowance. or retired pay under
the emergency officers retirement act
/ payable shall not exceed $40 PEI month
so long as the need for such institu-
tional care shall continue The pro-
visions of law pertaining to compen-
sation, pension. disability allowance, or
| retired pay under the emergency Off
GERS retirement act in conflict herewith
are hereby repealed or modified accord
ingly"
Section 203 In the administration
of the act of May "a, 1923 u. S. c.,
| title 38, sections 581 and 582), entitled
under certain conditions, officers and
former officers of the Army, Navy and
Marine Corps of the United States,
other than officers of the Regular Army
Navy or Marine Corps, who incurred
physical disability in line of duty while
in the service of the United States dur
ing the World War" no person shall
receive retirement pay Hereunder un-
less he served as member of the mill
tary or naval establishment for a period
of six months or more between April 6,
1917, and November IL. 1918. and be-
tween April 6. 1917. and July z. 1921
in line of duty actually contracted a
disease or suffered an injury as a result
of and directly attributable to his war
service, and who has been or is found
by the former Veterans Bureau or the
veterans Administration to be not less
than 80 per centum permanently dis
abled as result thereof prior to May
"a. 1928, or within one year thereafter
in accordance with the rating schedule
and amendments promulgated pursuant
to section 202 "a of the World War
veterans act. 1924, as amended. in
force at that time, and who is found by
the veterans Administration to be not
less than 80 per centum permanently
| disabled at the time of the passage o..
this act under such rating schedule as
amended and in effect at the date of
the passage of this act: Provided, that
no person shall be retired without pay
except in accordance with the foregoing
provisions of this section, except that
the degree of disability required for re-
tirement without pay shall be less than
80 per ycentum and more than 10 per
centum permanent disability.
Veterans Administration
Authorized to Review Claims.
The Veterans Administration is here
by authorized and directed to review
all claims heretofore filed under the
emergency officers retirement act of
May "a, 1928, and to remove from the
rolls of retired emergency officers the
names of such officers as are not found
to be entitled under section l of this
act. The administrator of veterans af-
fairs is further authorized and directed
to cause to be certified to the Secretary
of War or the Secretary Of the Navy,
as the case may be, the names of those
officers who are removed from the rolls,
and the Secretary of War and the Sec
retary of the Navy are hereby au-
thorized and directed to drop from the
emergency officers retired list and the
Army and Navy registers the names of
such officers. Payment Of the emer
gency officers retirement pay, in the
cases of officers whose names are re-
moved from the rolls or transferred to
the list of those retired without pay by
reason of the provisions of this act,
shall cease on and after the first day
of the third calendar month following
the certiflcation of the names OF those
officers who are to be removed from the
rolls: Provided, that the names OF
those officers who are removed from
the rolls shall be determined and GER
titled by the administrator as herein
provided on single list within six
months following the date of the
passage of this act. The administrator
of veterans affairs is hereby authorized
and directed to transfer the names OF
such officers as are removed from the
list of those entitled to emergency Off
GERS retirement pay to the compensa-
ton, and to pay, commencing with the
first day of the third calendar month
following certifcation by the admins
traitor of the list of those officers to
be removed from the rolls, as herein
provided, compensation in accordance
with the provisions of the World War
veterans act, as amended. notwith-
standing that no previous application
for compensation has been made.
The review of all claims authorized
I and directed under section of this act
shall be final and no subsequent appeal.
review, or rerating shall be authorized
in these cases.
After the expiration Of six months
following the passage of this act no re-
view, appeal or other reconsideration
will be authorized in connection with
any claim for emergency officers re-
| tirement upon which a decision has at
any time been rendered by the admin
| istration.
mo person shall be entitled to bene-
fits under the provisions of this act, ex-
cept he shall have made valid applica-
! ton under the provisions of the emer-
gency officers retirement act of May
"a, 1928.
THAT all parts of the emergency Of
ficers' retirement act of May "a, 1923,
in conflict with or inconsistent with the
provisions Of this act are hereby modi-
| fed and amended to the extent herein
specifically provided and stated"
! Section 204 Section 203 of the World
| War veterans act, as amended GU. S.
c., title 38, section 1922, is hereby
amended to read as follows:
That every person applying for or in
receipt of compensation for disability
under the provisions of this title and
every person applying for treatment un-
der the provisions of subdivisions or
| 10 of section 2O2 hereof, shall, as fire.
quently and at such times and places as
may be reasonably required, submit
himself to examination by a medical
officer of the United States or by duly
qualified physician designated or ap-
proved by the administrator. He may
have a duly qualified physician desig-
mated and paid by him present to par
/ ticipate in such examination. For all
examinations he shall, in the discretion
of the administrator be paid his rea-
sonable travelling and other expenses.
If he shall neglect or refuse to submit
to such examination. or shall in any
way obstruct the same, his right to
claim compensation under this title
shall be suspended until such neglect,
refusal or obstruction ceases. No COM
pensation shall be payable while such
neglect, refusal or obstruction contin-
| lies and no cOmDenSatiOn shall be Oay-