PREC 04-98    Applicability of 38 U.S.C. § 2305 in Claims for Burial Benefits Based upon Service in the Commonwealth Army of the Philippines During World War II     Citation: Vet. Aff. Op. Gen. Couns. Prec. 4-98, VAOPGCPREC 4-98, 1998

QUESTION PRESENTED:

Does 38 U.S.C. § 2305 have any application in claims for burial benefits involving veterans who served in the organized military forces of the Commonwealth of the Philippines while such forces were in the service of the United States Armed Forces during World War II?

HELD:

The saving provision currently codified at 38 U.S.C. § 2305 preserved potential eligibility for burial benefits under chapter 23 of title 38, United States Code, for individuals who could have qualified for those benefits under "the laws in effect on December 31, 1957."  The statute governing benefits eligibility based upon service in the Philippine Commonwealth Army in World War II that was in effect on that date did not confer potential eligibility for burial benefits for individuals with such service.  Consequently, section 2305 has no application in claims for burial benefits based on service in the Philippine Commonwealth Army during World War II.