Page:United States Statutes at Large Volume 72 Part 1.djvu/1176

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[72 Stat. 1134]
PUBLIC LAW 85-000—MMMM. DD, 1958
[72 Stat. 1134]

1134

PUBLIC LAW 85-857-SEPT. 2, 1958

[72 S T A T.

Subchapter I—General § 501. Definitions For the purposes of this chapter— (1) The term "Indian W a r s " means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service. (2) The term "World W a r I " includes, in the case of any veteran, any period of service performed by him after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918. (8) The term "Civil War veteran includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term "active military or naval service" includes active service in those forces. § 502. Determinations with respect to disability (a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if he is suffering from— (1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or (2) any disease or disorder determined by the Administrator to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. (b) For the purposes of this chapter, a person shall be considered to be in need of a regular aid and attendance if he is helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person. § 503. Items not considered in determining income For the purposes of this chapter, in determining annual income, the Administrator shall not consider— (1) payments under laws administered by the Veterans' Administration because of disability or death; (2) payments of mustering-out pay; (3) payments of the six months' death gratuity; lo^u s^ c \ % i(^) annuities under chapter 73 of title 10; 1444. (5) payments of adjusted compensation; and (6) payments of bonus or similar cash gratuity by any State based on service in the Armed Forces. § 504. Persons heretofore having a pensionable status The pension benefits of subchapters II and III of this chapter shall, notwithstanding the service requirements of such subchapters, be granted to persons heretofore recognized by law as having a pensionable status. § 505. Payment of pension during confinement in penal institutions (a) No pension under public or private laws administered by the Veterans' Administration shall be paid to or for an individual who has been imprisoned in a Federal, State, or local penal institution as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after his imprisonment begins and ending when his imprisonment ends.