Page:United States Statutes at Large Volume 71.djvu/155

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[71 Stat. 119]
PUBLIC LAW 000—MMMM. DD, 1957
[71 Stat. 119]

71 S T A T. ]

PUBLIC LAW 86-56-JUNE 17, 1957

119

INCOMPLETE APPLICATIONS

SEC. 903. (a) If a claimant's application for benefits under the laws administered by the Veterans' Administration is incomplete, the Administrator shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no benefits may be paid or furnished by reason of such application. (b) This section shall not apply to any application or claim for Government life insurance benefits. DISALLOWED CLAIMS

SEC. 904. (a) Where a claim has been finally disallowed, a later claim pn the same factual basis, if supported by new and material evidence, shall have the attributes of a new claim, except that whenever any disallowed claim is reopened and thereafter allowed on the basis of new and material evidence resulting from the correction of the military records of the proper service department under section 1552 of title 10 of the United States Code, the effective date of commencement of the benefits so awarded shall be the date on which an application was filed for correction of the military record. (b) This section shall not apply to any application or claim for Government life insurance benefits. PART B—EFFECTIVE DATES EFFECTIVE DATES OF AWARDS

SEC. 910. (a) Unless specifically provided otherw^ise in this title, the effective date of an award of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor. (b) The effective date of an award of disability compensation to a veteran shall be the date of his discharge or release if application therefor is received within one year from such date of discharge or release. (c) The effective date of an award of death compensation, dependency and indemnity compensation, or death pension shall be the day after the date of death if application therefor is received within one year from such date of death. (d) The effective date of an award of dependency and indemnity compensation to a child shall be the date the child's entitlement arose if application therefor is received within one year from such date the entitlement arose. (e) Where a report or a finding of death of any person in the active military, naval, or air service has been made by the Secretary concerned, the effective date of an award of death compensation, dependency and indemnity compensation, or death pension, as applicable, shall be the day after the date fixed by the Secretary as the date of death in such report or finding, if application therefor is received within one year from the date such report or finding has been made; however, such benefits shall not be payable to any person for any period for which such person has received, or was entitled to receive, an allowance, allotment, or service pay of the deceased.

^OA Stat. ii6.