Whereas the American Legion believes that it is inequitable to authorize one group of Federal employees to receive both VA compensation and retirement pay, and to prohibit another group from receiving both; now, therefore, be it Resolved, by The American Legion in National Convention assembled in Chicago, Illinois, August 22, 23, 24, 1972, That The American Legion sponsor and support legislation to amend 38 USC 3104, so as to remove the restriction against the receipt of Armed Forces retirement pay, due to length of service, concurrently with VA compensation. Approved with amendment. 54TH ANNUAL NATIONAL CONVENTION OF THE AMERICAN LEGION, CHICAGO, ILL., AUGUST 22, 23, 24, 1972 Resolution: No. 453 (Virginia). Committee: Veterans Affairs and Rehabilitation. Subject: Sponsor and support legislation to provide that progressive muscular atrophy developing to a compensable degree within 7 years of separation from wartime service shall be considered to have been incurred in or aggravated by such service. Whereas 38 USC 301, provides that progressive muscular atrophy developing a ten per centum degree of disability or more within one year from the date of separation from war service shall be considered service-connected; and Whereas 38 USC 312, provides that multiple sclerosis developing a ten per centum degree of disability of more than seven years from the date of separation from service shall be considered service-connected; and Whereas the symptoms of progressive muscular atrophy, like those of multiple sclerosis, are vague and fleeting, making the initial diagnosis difficult to achieve; now, therefore, be it Resolved, by The American Legion in National Convention assembled in Chicago, Illinois, August 22, 23, 24, 1972, That The American Legion shall sponsor and support legislation to amend 38 USC 301 and 312, to provide that progressive muscular atrophy developing to a compensable degree within seven years of separation from wartime service shall be considered to have been incurred in or aggravated by such service. Approved with amendment. NATIONAL EXECUTIVE COMMITTEE MEETING OF THE AMERICAN LEGION, Resolution No. 12. Commission: National Veterans Affairs and Rehabilitation. Title: Sponsor and support legislation to amend 38 USC 312, to provide that a psychosis developing to a compensable degree within two years from date of separation from war service shall be considered to have been incurred in or aggravated by such service. (Origin: Resolution No. 344 (D.C.), 54th National Convention. Whereas 38 USC 312, provides that a psychosis developing to a 10 percent degree of disability, or more, within one year from the date of separation from war service, shall be considered to have been incurred in or aggravated by such service; and Whereas for the purpose of medical and hospital care, 38 USC 602, provides that any veteran of World War II, the Korean Conflict, or the Vietnam Era, who developed an active psychosis within two years from date of separation from the active military, naval, or air service, shall be deemed to have incurred such disability in the active military, naval, or air service; and Whereas it is the consensus of The American Legion that there should be no dissimilarity in eligibility requirements for the benefits between Sections 312 and 602 of title 38, United States Code; now, therefore, be it Resolved by the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, October 18-19, 1972, That The American Legion sponsor and support legislation to amend 38 USC 312, to provide that a psychosis developing to a compensable degree within two years from the date of separation from war service shall be considered to have been incurred in or aggravated by such service. NATIONAL EXECUTIVE COMMITTEE MEETING OF THE AMERICAN LEGION, Resolution No. 14. Commission: National Veterans Affairs and Rehabilitation. Subject: Sponsor and support legislation to amend 38 USC, Chapter 39, so as to provide Vietnam era veterans with the same eligibility requirements for entitlement to an automobile as now provided World War II and Korean conflict veterans Whereas prior to August 31, 1967, Chapter 39, Title 38, USC, authorized the Administrator of Veterans Affairs to provide or assist in providing an automobile for each veteran entitled to compensation for any of the following due to disability incurred in or aggravated by active service during World War II and the Korean conflict: (1) loss or permanent loss of use of one or both feet, (2) loss or permanent loss of use of one or both hands, or (3) permanent loss of vision of both eyes to the degree specified; and Whereas with the approval of Public Law 90-77 on August 31, 1967, entitlement to an automobile was extended to those veterans with similar disabilities with service after January 31, 1955, but only if their injury was incurred or the disease was contracted in line of duty as a direct result of the performance of military duty; and Whereas with the enactment of Public Law 91-666, approved January 11, 1971, entitlement to an automobile was extended to any member of the Armed Forces serving on active duty who is suffering from any disability described in the foregoing paragraph, if such disability was the result of an injury or disease contracted in or aggravated by active military service; and Whereas it is the consensus of The American Legion that veterans of the Vietnam era, i.e., those with service after August 4, 1964, would be provided with benefits comparable to those provided veterans of World War II and the Korean conflict; now, therefore, be it Resolved by the National Executive Committee of The American Legion in regular meeting assembled in Indianapolis, Indiana, May 2-3, 1973, That The American Legion sponsor and support legislation to amend 38 USC, Chapter 39, so as to provide that veterans of the Vietnam era shall have the same eligibility requirements to an automobile as is now provided veterans of World War II and the Korean conflict. 55TH ANNUAL NATIONAL CONVENTION OF THE AMERICAN LEGION, Resolution: No. 59 (North Dakota). Committee: Veterans Affairs and Rehabilitation. Subject: Sponsor and support legislation to provide a statutory presumption of service-connected death of any veteran who dies from natural causes whose service-connected disability was rated permanent and total for 10 or more years Whereas dependency and indemnity compensation is payable to the surviving widow, children, and dependent parents of any veteran who dies from a serviceconnected disability; and Whereas Veterans Administration regulations do provide that service connection may be granted where it is established that a non-service-connected condition was the principal cause of a non-service-connected condition contributed substantially or materially; and Whereas no consideration in these determinations is given to the fact that severe chronic disabilities materially shorten the life expectancy of these veterans; and Whereas the dependents of these veterans, because of this reduction in life expectancy, are denied the economic support of the veteran by reason of reduced earning capacity and economic security; now, therefore, be it Resolved by The American Legion in National Convention assembled in Hono lulu, Hawaii, August 21, 22, 23, 1973, That The American Legion sponsor and support legislation to amend 38 USC chapter 13, so as to provide that the widow, children and dependents parents of any person who died from natural causes after a service-connected disability had been rated total and permanent for 10 years shall be entitled to dependency and indemnity compensation. Approved with amendment. 55TH ANNUAL NATIONAL CONVENTION OF THE AMERICAN LEGION, HONOLULU, HAWAII, AUGUST 21, 22, 23, 1973 Resolution No. 336 (Indiana). Committee: Veterans Affairs and Rehabilitation. Subject: Support legislation to restrict the closing of Veterans Administration facilities Whereas the Veterans Administration is an independent establishment in the Executive Branch of the government, especially created for or concerned in the administration of law relating to benefits provided by law for veterans, their dependents, and their beneficiaries; and Whereas in accomplishing its mission, it is necessary that offices and facilities be so disposed geographically that veterans and their dependents and survivors may obtain quick and personal service on requests for information, applications for benefits, and adjudication of their entitlement; and Whereas the Congress of the United States has committed itself to making the best possible hospital and medical services available to veterans; and Whereas there is currently before the Congress legislation to limit the authority of the Veterans Administration and the Office of Management and Budget with respect to the construction, acquisition or closing of Veterans Administration hospitals; and Whereas many Veterans Administration facilities are located on large tracts of land obtained either through purchase or by land grant deeds; and at the time of this acquisition, these lands were to be used for providing hospital or domiciliary facilities for veterans; and Whereas it is the consensus of The American Legion, gained from its many years of experience in the veterans' rehabilitation and readjustment programs, that the mission of the Veterans Administration can best be accomplished by maintaining the administration and adjudication of these programs at the regional office level; and Whereas it is the conviction of The American Legion that lands comprising Veterans Administration hospitals, domiciliaries and centers should be maintained by the Federal Government for the exclusive use of providing for the care of and to furnish service for war veterans; and Whereas the American Legion believes that the Committee on Veterans Affairs of the Congress of the United States shall have responsibility for the long-range program for the development and maintenance of the Veterans Administration hospital system; now, therefore be it Resolved by The American Legion in National Convention assembled in Honolulu, Hawaii, August 21, 22, 23, 1973, That we shall support legislation as will: 1. Restrict the closing of any hospital, domiciliary, or regional office of the Veterans Administration unless notice of the proposed closing is first submitted to the Congress. 2. Transfer (by sale, lease or otherwise) certain real property to any other department or agency of the Federal Government, to any State or sub-division thereof, to any territory, or possession of the United States, or to any public or private person or other entity, unless notice of the proposed transfer is first submitted to the Congress. 3. Limit the authority of the Veterans Administration and the Office of Management and Budget with respect to the construction, alteration, or closing of Veterans Administration hospitals. Approved. 55TH ANNUAL NATIONAL CONVENTION OF THE AMERICAN LEGION, HONOLULU, HAWAII, AUGUST 21, 22, 23, 1973 Resolution No. 361 (Oregon). Committee: Veterans Affairs and Rehabilitation. Subject: Sponsor and support legislation to increase the monthly rates of disability compensation. Whereas disability compensation is a monthly payment made by the Veterans Administration to a veteran because of a service-connected disability; and Whereas the amounts of these monthly payments of disability compensation are based on a schedule of ratings of reductions in earning capacity from specific injuries or combinations of injuries; and Whereas these ratings, as far as practicable, are based upon the average impairments of earning capacity resulting from such injuries in civilian occupations; and Whereas in response to increased cost-of-living and other factors, the weekly take home pay of the blue collar worker in non-agriculture employment is constantly increasing; and Whereas in response to the demands of the cost-of-living the Congress last increased monthly payments of disability compensation effective August 1, 1972 under Public Law 92-328 approved June 30, 1972; and Whereas the increased cost of food, housing, medical care, clothing and other essentials of daily living demand that these compensation payments be again increased to maintain the purchasing power of those receiving disability compensation; and Whereas The American Legion believes that the Administrator of Veterans Affairs should be authorized to automatically adjust these monthly payments in response to the cost-of-living index increase; now, therefore, be it Resolved by The American Legion Convention assembled in Honolulu, Hawaii, August 21, 22, and 23, 1973, That The American Legion sponsor and support legislation to increase the monthly rates of disability compensation under Section 314 of Title 38, USC by a per centum equal to the percentage advance in the Consumer Price Index (1967-100) since August 1, 1972, and be it further Resolved, That 38 USC Chapter 11 be amended so as to provide that the Administrator of Veterans Affairs following the foregoing increase in monthly rates of compensation shall increase disability compensation rates payable under Sec'tion 314 by such percentage as the Secretary of Health, Education and Welfare shall certify in the Federal Register for Social Security recipients as a cost-ofliving increase under Section 215 of the Social Security Act, effective the same date as such latter increase. Approved with amendment. 55TH ANNUAL NATIONAL CONVENTION OF THE AMERICAN LEGION, HONOLULU, HAWAII, AUGUST 21, 22, 23, 1973 Resolution No. 430 (Idaho). Committee: Veterans Affairs and Rehabilitation. Subject: Amend 38 USC, Chapter 39, so as to provide automobiles and adaptive equipment for disabled World War I veterans. Whereas 38 USC, Chapter 39, provides that the Administrator of Veterans Affairs, under regulations which he shall prescribe, shall provide or assist in providing an automobile or other conveyance to each eligible person by paying the total purchase price of the automobile or other conveyance, or $2,800 which ever is the lesser; and Whereas persons eligible for these benefits are restricted to veterans of World War II, Korean Conflict, and Vietnam Era; and Whereas veterans of World War I, with the same disability requirements, are not entitled to these benefits, now, therefore, be it Resolved by The American Legion in National Convention assembled in Honolulu, Hawaii, August 21, 22, and 23, 1973, That The American Legion sponsor and support legislation to amend 38 USC, Chapter 39, so as to provide that veterans of World War I shall be entitled to the same Veterans Administration assistance in providing an automobile and necessary adaptive equipment. Approved. Our next witness is Mr. Francis Stover, from the Veterans of Foreign Wars. Mr. Stover, we welcome you. STATEMENT OF FRANCIS W. STOVER, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS OF THE UNITED STATES Mr. STOVER. Mr. Chairman and members of the subcommittee, thank you for the privilege of appearing before this subcommittee today to present the views of the Veterans on Foreign Wars respecting a program of priority concern to our membership. 32-022 O 74 17 My name is Francis W. Stover and my title is national legislative director of the Veterans of Foreign Wars of the United States. Consideration for the service-connected disabled and the survivors of service-connected deceased veterans has always been a priority concern of the Veterans of Foreign Wars of the United States. Year after year delegates to the national conventions of the Veterans of Foreign Wars have adopted large numbers of resolutions relating to the needs, concerns, and hopes of our service connected disabled comrades and their dependents. For this reason alone the Veterans of Foreign Wars commends this subcommittee for holding hearings at this time on a number of bills, which, if approved and enacted into law, will carry out many of the provisions in Veterans of Foreign Wars resolutions approved by the delegates, representing more than 1.8 million members to our last national convention, which was held in New Orleans last August. It would be deeply appreciated, Mr. Chairman, if at this point in my testimony the text of a number of these resolutions, which are germane to the bills under consideration by this subcommittee will be made a part of my remarks. First, Mr. Chairman, the Veterans of Foreign Wars supports both S. 3067 which would increase by approximately 15 percent monthly service-connected disability compensation rates paid to veterans and S. 3072, which would increase rates of dependency and indemnity compensation by approximately 16 percent for widows and children of veterans whose deaths were service connected. Both of these bills will carry out a VFW priority legislative goal for 1974, namely, "immediate congressional approval authorizing cost-of-living increases for the more than 2 million veterans, widows, and children who are receiving veterans compensation and dependency and indemnity compensation payments." Our No. 1 priority goal for 1974, as approved by our Commander in Chief Ray Soden, provides the rationale for our deep and continuing concern for the service-connected disabled and their dependents, which reads as follows: First priority consideration must be given to service-connected disabled veterans and their widows and children. Despite recent increases in compensation and dependency and indemnity compensation payments, inflation has continued to skyrocket. Failure to keep these benefit programs, the cornerstones of the structure of veterans benefits, in line with the increase in the cost of living, serves not only to decrease these programs but undermines and weakens the structure for all veterans programs. The Veterans of Foreign Wars is pleased that the President has sent a letter to this committee, dated March 4, 1974, proposing increases in both the compensation and dependency and indemnity compensation rates. Unfortunately, his recommended increases are too low and unrealistic. The recommended 12-percent increase for compensation and the recommended 14-percent increase for DIC rates do not reflect the actual increase in the Consumer Price Index, since the rates for both of these programs were previously increased. The VFW, therefore, urges this subcommittee to favorably consider and advance S. 3067, the Veterans Disability Compensation Act of 1974, and S. 3072, the Survivors Dependency and Indemnity Compensation Act of 1974. The Veterans of Foreign Wars also disagrees with the President's recommended automatic adjustment in benefits, as measured by the |