Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 5 - BUREAU FOR VETERANS' AFFAIRS › Subchapter E - PARALYZED VETERANS' PENSION › Section 5.41 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context already indicates
					 otherwise:
Act
-Title 51 of the
Pennsylvania
					 Consolidated Statutes
§ 7702 (relating to paralyzed veterans'
					 pension).
Bureau
-The Bureau for Veterans' Affairs of
					 the Commonwealth.
Department
-The Department of Military
					 Affairs of the Commonwealth.
Extremities
-The limbs of a human body,
					 such as the arms and hands or legs and feet. The term does not include fingers
					 and toes.
Loss of use
-A person is deemed to have
					 lost the use of limbs when the person's balance, propulsion or manipulation is
					 affected so as to permanently preclude locomotion or use of the arms and hands
					 without the aid of braces, crutches, canes, wheelchairs or other devices.
Military
or
naval forces of the
					 United States
-The United States Army, Navy, Air Force, Marine Corps
					 and Coast Guard, and members of the reserve components and forces thereof
					 including the Army and Air National Guard, when they are in a military duty
					 status.
Paralyzed veteran
-A person who served in
					 the military or naval forces of the United States, or a women's organization
					 officially connected therewith, during established war or armed conflict
					 service dates, who gave the Commonwealth as the person's place of residence at
					 the time of entry into military service and who is currently a resident of
					 Pennsylvania and who, while performing duties connected with military or naval
					 service, suffered an injury or incurred a disease which resulted in the loss
					 of, or loss of use of, two or more extremities. The term does not include
					 persons separated from the military or naval forces or women's organizations
					 officially connected therewith under other than honorable conditions. The term
					 includes persons who are paralyzed as a result of peacetime combat-related
					 actions as defined in this section.
Peacetime combat-related action
-A military
					 action resulting in casualties to members of the military or naval forces or
					 officially connected women's organizations of the United States during periods
					 other than established war or armed conflict service dates when one of the
					 following events take place:
(i)
				  American armed forces are engaged in hostilities or exchange fire with the
				  armed forces of a foreign state or terrorists.
(ii) American armed forces are engaged in
				  operational activities incident to engagements with the armed forces of a
				  foreign state or terrorists.
(iii)
				  American armed forces are the targets or victims of hostile fire or terrorist
				  attack.
Terrorist attack
-An act of violence,
					 including bombings, kidnappings, shootings and assaults, perpetrated by
					 individuals or groups against members of the military or naval forces of the
					 United States for political, anarchist or other motives.
War
or
armed conflict service
					 dates
-Periods of war or armed conflict, including the Spanish-American
					 War, the Mexican border period, World War I, World War II, the Korean Conflict,
					 the Vietnam Era and periods beginning on the date of a future declaration of
					 war by Congress and ending on the date prescribed by Presidential proclamation
					 or concurrent resolution, as well as dates established by Federal statute or 38
					 CFR (relating to pensions, bonuses and veterans' relief) as being periods of
					 war or armed conflict.
Women's organization officially-connected with the
					 military or naval forces
-An organization for females that is
					 affiliated with the Armed Forces and whose members are recognized as veterans
					 by the United States Veterans Administration.
This section cited in 43 Pa. Code §
												5.44 (relating to criteria and
						procedure for determination of peacetime combat-related
						actions).