38 U.S.C. § 1914 — Statutory total disabilities

Page 503 TITLE 38—VETERANS’ BENEFITS § 1916 to be in force at the date of the death, and the unpaid premiums shall become a lien against the proceeds of the insurance. If the beneficiary is insane or a minor, proof of such facts may be filed within one year after removal of such legal disability. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 713; Pub. L. 99–576, title VII, § 701(26), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1913 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 713 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1912’’ for ‘‘712’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1986—Pub. L. 99–576 substituted ‘‘the’’ for ‘‘his’’ in three places. § 1914. Statutory total disabilities Without prejudice to any other cause of dis- ability, the permanent loss of the use of both feet, of both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the total loss of hearing of both ears, or the organic loss of speech, shall be deemed total disability for in- surance purposes. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 714; renumbered § 1914, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 714 of this title as this section. § 1915. Total disability income provision The Secretary shall, except as hereinafter pro- vided, upon application by the insured and proof of good health satisfactory to the Secretary and payment of such extra premium as the Sec- retary shall prescribe, include in any National Service Life Insurance policy on the life of the insured (except a policy issued under section 620 of the National Service Life Insurance Act of 1940, or section 1922 of this title) provisions whereby an insured who is shown to have be- come totally disabled for a period of six consecu- tive months or more commencing after the date of such application and before attaining the age of sixty-five and while the payment of any pre- mium is not in default, shall be paid monthly disability benefits from the first day of the sev- enth consecutive month of and during the con- tinuance of such total disability of $10 for each $1,000 of such insurance in effect when such ben- efits become payable. The total disability provi- sion authorized under this section shall not be issued unless application therefor is made either prior to the insured’s fifty-fifth birthday, or be- fore the insured’s sixtieth birthday and prior to January 1, 1966. The total disability provision authorized under this section shall not be added to a policy containing the total disability cov- erage heretofore issued under section 602(v) of the National Service Life Insurance Act of 1940, or the provisions of this section as in effect be- fore January 1, 1965, except upon surrender of such total disability coverage, proof of good health, if required, satisfactory to the Sec- retary, and payment of such extra premium as the Secretary shall determine is required in such cases. Participating policies containing ad- ditional provisions for the payment of disability benefits may be separately classified for the pur- pose of dividend distribution from otherwise similar policies not containing such benefits. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1151, § 715; Pub. L. 88–355, July 7, 1964, 78 Stat. 272; renum- bered § 1915 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes REFERENCES IN TEXT Section 620 of the National Service Life Insurance Act of 1940, referred to in text, is section 620 of act Oct. 8, 1940, ch. 757, title VI, pt. I, as added Apr. 25, 1951, ch. 39, pt. II, § 10, 65 Stat. 36, which enacted section 821 of former Title 38, Pensions, Bonuses, and Veterans’ Re- lief, and which was repealed and the provisions thereof reenacted as section 722 [now 1922] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105. Section 602(v) of the National Service Life Insurance Act of 1940, referred to in text, is section 602(v) of act Oct. 8, 1940, ch. 757, title VI, pt. I, 54 Stat. 1009, which enacted section 802(v) of former Title 38, Pensions, Bo- nuses, and Veterans’ Relief, and which was repealed and the provisions thereof reenacted as this section and section 721 [now 1921] of this title by Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1105. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 715 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1922’’ for ‘‘722’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. 1964—Pub. L. 88–355 authorized issuance of total dis- ability income provisions to provide coverage to age 65 instead of to age 60, provided that said provisions shall not be issued unless application therefor is made either prior to the insured’s 55th birthday, or before the in- sured’s 60th birthday and prior to Jan. 1, 1966, and in- serted ‘‘or the provisions of this section as in effect be- fore January 1, 1965’’ before ‘‘except upon surrender’’, and ‘‘if required’’ after ‘‘proof of good health.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–355 provided that the amendment made by Pub. L. 88–355 is effective Jan. 1, 1965. § 1916. Insurance which matured before August 1, 1946 (a) Insurance which matured before August 1, 1946, is payable in the following manner: (1) If the beneficiary to whom payment is first made was under thirty years of age at the time of maturity, in two hundred and forty equal monthly installments. (2) If the beneficiary to whom payment is first made was thirty or more years of age at the time of maturity, in equal monthly in- stallments for one hundred and twenty months certain, with such payments continuing dur- ing the remaining lifetime of such beneficiary.