DISABLED Under this general head the national legislative committee is confronted with 70 resolutions pertaining to legislation, 35 of which pertain to new hospitals or additions to existing facilities. The list also includes the fourth point of our four-point program in reiterating the stand of the American Legion asking for Government protection for World War widows and children. APPEALS-TIME LIMIT One of the Chicago national convention resolutions requests: "That there will be no time limit for the filing of appeals by a veteran or his representative." The Veterans' Administration, through regulations in effect at the present time, places a limitation upon the time for filing appeals from certain decisions of the Administration with respect to the personal appearance of the veteran or by a representative of a service organization in behalf of the veteran. It is felt by our organization that this contributes to a denial of the intended benefits for veterans and dependent of deceased veterans. The request is made that regulations and instructions be rewritten so as to remove all such limitations. This matter will be first handled administratively and, if this means fails, then it becomes a legislative matter. BURIAL ALLOWANCES Another Chicago national convention resolution requests: "Amendatory legislation to provide that there shall be no time limit for making applications for burial awards." This is a reiteration of a former Legion resolution. We now have pending H. R. 2293 to carry this resolution to accomplishment. The bill was introduced for us by Representative John E. Rankin (Mississippi). BURIAL ALLOWANCES-VETERANS' ADMINISTRATION There are three bills now pending in Congress which pertain to burial allowances and in which the Veterans' Administration is interested. One of these is related to our resolution requesting "no time limit for making application for burial awards." The latter is S. 1046, by Mrs. Caraway (Arkansas) which provides that claims for funeral expenses of veterans may be filed at any time (at present, 1 year) subsequent to death; and increases from 6 months to 1 year the period within which to file evidence necessary to complete applications on request of the Veterans' Administration. The Veterans' Administration was requested by the Senate Committee on Finance to make a report on this measure and stated that if the committee felt the time for filing should be extended then it would recommend an extension to 2 years. This report, having "cleared" the Budget Bureau means the Veterans' Administration would not oppose an extension of time in filing to 2 years. The measure is now before the Senate Finance Committee. The next bill pertaining to funeral allowances is S. 1647, by Senator Bone (Washington) providing that when an honorably discharged veteran of any war, campaign, or expedition (the latter three words being new), or pensioner of any war dies, the Administrator of Veterans' Affairs shall, in his discretion and with due regard to the circumstances, pay (not to exceed $100) for burial and funeral expenses and transportation of the body to the place of burial. The main purpose of this is to remove one feature connected with burial allowances under which burial allowance is not payable when the veteran's net assets at time of death, exclusive of debts, pension, or insurance equal $1,000. In a number of cases, particularly among the veterans of poor circumstances, provision is made by him through his lodge, fraternal association, or weekly payment insurance for a burial fund, expressly designated for that purpose by him. In many such cases, his widow, children, or other dependents do not receive the burial award. The proposed legislation places some discretion in the hands of the Administrator. This bill is before the Senate Committee on Military Affairs, and a report made by the Veterans' Administration and "cleared" by the Budget Bureau in effect approves of the proposal. Another bill, S. 2756, by Senator Sheppard (Texas) which was considered by the Senate Committee on Military Affairs, was passed by the Senate on August 1, 1939. As passed, it provides that the costs of transporting bodies of veterans dying in Veterans' Administration facilities will be paid to any place within the continental limits of the United States. The law now allows transportation to the place of residence or the nearest national cemetery. Inasmuch as this has already passed the Senate, it is now before the House Committee on World War Veterans' Legislation and will be considered there in the next session. When it is considered, your national director will suggest the combining of the three features in one bill. Of course, the Legion's resolution calling for no time limit in filing application for burial awards will be called to the attention of the House committee in connection with the Veterans' Administration's report on S. 1046 incorporating the suggestion to extend the filing time 2 years. BURIAL FLAGS Pending from the Los Angeles national convention is a resolution which requests that the Federal Government have a sufficient supply of flags stored at each post office in all localities where there is a post of veterans; that the postmaster be authorized to furnish a flag for a deceased veteran's funeral service; and that the United States also supply said post offices sufficient ammunition for firing of proper salutes to deceased veterans. We now have a bill pending introduced for us by Representative Albert J. Engel, Michigan, that burial flags be made available at all post offices. The bill, H. R. 2311, was referred to the House Committee on Post Offices and Post Roads. CLAIMS AGAINST THIRD PARTIES There is a Chicago national convention resolution which requests: "Amendment to section 3, Public Law No. 262, Seventy-fourth Congress, to provide that claims of the United States against a veteran shall not prevail against a third party." It has been held that claims by the United States against a veteran may be satisfied out of benefits due and payable to a designated beneficiary, including his widow or other dependents. A bill covering this resolution has been drafted. and is ready for introduction during the opening days of the regular session. COMBAT DISABILITIES A Chicago national convention resolution requests: "That there be a rating of not less than 10 percent for all service-connected combat disabilities." It will be recalled that in the hearings on our last year's disabled program the House Committee on World War Veterans Legislation contemplated favorably reporting an omnibus bill, H. R. 5452. When first ready for report the bill contained section 7, which read as follows: "The Administrator of Veterans' Affairs is hereby authorized and directed to insert in the rating schedules of the Veterans' Administration a minimum rating of permanent partial 10 percent for wounds incurred in line of duty in active service during the World War." This section was later stricken from the bill and H. R. 5452 later became Public Law 198. COMPENSATION-CARVILLE, LA. On this subject we have a resolution reading as follows: "Whereas, the United States Marine Hospital, at Carville, La., is the only colony in the United States where persons suffering with leprosy are forcibly isolated; and, "Whereas war veterans are the only class of people isolated there who are penalized financially by reason of their forced isolation: Now, therefore, be it "Resolved, That we proceed immediately to request Congress to pay the full rate of compensation or pension to war veterans forcibly isolated in this colony regardless of dependents." A bill to carry this resolution to accomplishment has been drafted and is ready for introduction during the opening days of the next regular session. COMPENSATION-HOSPITALIZED VETERANS We have a resolution which requests: "Amendatory legislation to allow payment of full compensation to hospitalized veterans whether or not they have dependents." This subject is also covered in a bill which is ready for introduction. DISABILITY ALLOWANCE There was offered to the Chicago national convention rehabilitation committee 27 resolutions dealing with the definition of "permanent total disability" and calling for an increase in the award for a nonservice connected total disability benefit. Whereas in former years we asked for a restoration of the monthly award from $30 to $40 (the amount before passage of the Economy Act), we now ask for an increase to $50 a month. In effect this resolution asks that total disability be considered to exist when there is present any impairment or defect of mind or body which prevents the individual from following a substantially gainful occupation, and that permanence shall be admitted when it is reasonable to assume that such degree of disability will continue throughout the life of the disabled person. last year's resolution we have pending a bill which asks for the increase of the monthly award to $40 a month, but this bill will be discarded and a more comprehensible bill will be introduced to comply with the full terms of the new resolution. EVIDENCE We have a resolution which requests: Under "Amendatory legislation making it mandatory upon the Veterans' Administration to give full value to medical and lay evidence unless same is rebutted by other evidence." A bill has been drafted and will be introduced in the next session of Congress. FORFEITURES The next resolution is a reiteration of a prior resolution and requests: "Amendment to existing law to allow the Administrator of Veterans' Affairs some discretion in applying the forfeiture provision of the laws relating to forfeiture of rights because of alleged fraud on the part of the claimant or beneficiary of the Veterans' Administration." On January 11, 1939, there was introduced for by Representative Rankin, the bill, H. R. 2288. This measure is now pending before the House Committee on World War Veterans' Legislation. HOSPITALS There are 35 resolutions dealing with construction of new hospitals, additions to existing facilities or domiciliary construction in the States of: Alabama, Arizona, Arkansas, California, Connecticut, Idaho, Illinois, Kentucky, Louisiana, Michigan, Missouri, Montana, New Mexico, New York, Pennsylvania, South Dakota, Texas, and Washington. While bills must be drafted and introduced to cover each of these resolutions, it is now the accepted policy to present proposals for such construction to the Federal Board of Hospitalization. In practice it is working out that unless this Federal Board approves a hospital project, there is little chance for passage of a bill providing for such construction. HOSPITALIZATION Two resolutions pertaining to hospitalization were offered to the Chicago national convention legislative committee and adopted. One asks for legislation to provide hospitalization benefits to retired Army enlisted men, and another to provide reciprocal hospitalization to retired officers and enlisted men. The resolution on the former approved S. 1461 as a bill to carry the resolution to accomplishment, while the resolution on the second proposal endorsed H. R. 2892 and S. 1460. The American Legion, therefore, is mandated to support these measures. We have pending from the Los Angeles national convention a resolution calling for the free hospitalization of veterans living outside the United States. At our request Representative Edith Nourse Rogers, Massachusetts, introduced for us H. R. 2650, and this bill is now pending before the House Committee on World War Veterans' Legislation. INSURANCE We have six resolutions pertaining to the subject of Government insurance as follows: (1) A Los Angeles national convention resolution asking for legislation authorizing the United States to compromise claims arising on converted Government insurance, covered by H. R. 3050, itnroduced January 23, 1939, by Representative Vincent, Kentucky; (2) A Cleveland national convention resolution asking that court costs be awarded to veterans who are successful in their law suits for recovery of insurance, covered by H. R. 4242 by Representative Flaherty, Massachusetts; (3) A Chicago national convention resolution asking that there be no discontinuance of payment of insurance benefits awarded as a result of a judgment except on action by a court of competent jurisdiction, covered by H. R. 4793 by Representative Grant, Alabama; (4) A Cleveland national convention resolution asking for legislation that the Government shall have 2 years in which to determine whether it desires to cancel any insurance policy on the ground it was obtained by fraud, covered by H. R. 2781 by Representative McCormack, Massachusetts; (5) That Congress reinstate the specific loss clause in all Government insurance policies, covered by H. R. 4794, by Representative Grant, Alabama ; (6) A Chicago national convention resolution asking for legislation so that all statutes of limitations as to suits on automatic insurance be removed or at least extended to 1 year from the date of enactment of the legislation, for which a new bill is to be introduced during the opening days of the next session. LOSS OF USE OF ARM, LEG, OR EYE A Chicago national convention resolution requests: 'Amendment to Public Law No. 141, to provide an increase in the statutory award in those cases where the veteran suffered the loss of the use of an arm, leg, or eye." Public Law No. 198, Seventy-sixth Congress, approved July 19, 1939, provided in section 6 that if the disabled person, as the result of service-incurred disability, has suffered the anatomical loss or the loss of use of only one foot or one hand or one eye, the rate of compensation shall be increased by $35 per month (from $25 monthly), but this section of Public Law No. 198 did not take care of certain disabled men who are awarded compensation under Public Law No. 141. The necessary amendatory legislation has been drafted and will be introduced during the next session. MISCONDUCT We have a resolution which requests: "Amendatory legislation to permit payment of compensation to veterans suffering with paralysis, paresis, or blindness, or who are helpless or bedridden without regard to the cause of their disability." Public Law No. 196, Seventy-sixth Congress, approved July 19, 1939, sometimes referred to as the misconduct bill, restored to certain veterans suffering with paralysis, paresis, or blindness, or who are helpless or bedridden, compensation benefits provided that they were on the rolls March 19, 1933. The Legion bill, as introduced during the first session of the current Congress, proposed to take care of all misconduct cases, but the committee reported a bill providing only for those on the rolls March 19, 1933. The resolution recites that there are other cases "probably not in any greater number but in just as great need but whose disabilities were not properly diagnosed or compensated prior to March 1933, and who are still without protection of the Federal Government extended to similar cases. A Legion bill has been drafted to cover this resolution and will be introduced in the next session. NERVOUS DISORDERS AND "INDUSTRIAL INADAPTABILITY" We have a resolution from the Chicago national convention, reading as follows: "Resolved, That the American Legion, in convention assembled, in Chicago, September 1939, petition the Veterans' Administration to so amend its 1925 and 1933 rating schedule as to provide total ratings for the functional nervous disorders; and be it further "Resolved, That we indorse the principle set out in H. R. 4004, Seventy-sixth Congress, first session." It will be noted that there are two parts of this resolution, the first asking that the 1925 and 1933 rating schedules be amended so as to provide total ratings for the functional nervous disorders. As it stands, this is an administrative matter, but if it cannot be handled successfully through negotiation with the Veterans' Administration, then it will become a legislative matter. The second part of the resolution endorses the principles set out in H. R. 4004, Seventy-sixth Congress, first session. This bill was introduced by Representative H. Jerry Voorhis, California, and the purpose of it is "To grant permanent and total disability ratings to veterans suffering from severe industrial inadaptability as a result of war service." It reads as follows: "That where, as a result of sound medical evidence and/or examination, it has been established by the United States Veterans' Administration that a veterans' service-connected disability, resulting from his service in the armed forces of the United States during any war, has caused a severe industrial inadaptability, then in that case the veteran shall be considered as permanently and totally disabled and shall receive a rating of permanent and total for compensation purposes and for any other benefits to which such rating might entitle him regardless of any rating which any rating schedule might designate for such specific disability or disabilities." OUT-PATIENT TREATMENT Under this head we have two resolutions. The first is pending from prior conventions and asks that the Administrator of Veterans' Affairs be authorized and directed to furnish out-patient pneumothorax therapy, insulin and/or liver extract to veterans requiring such treatment or medication, notwithstanding that the disease necessitating the treatment may not be directly or presumptively service connected. This is covered in House Resolution 2292 introduced for us during the first session of the current Congress by Representative Rankin. The Chicago national convention went a step further and requested, "Amendatory legislation to provide out-patient treatment for service-incurred disabilities for veterans residing in foreign countries where feasible." A bill covering this out-patient treatment for veterans in foreign countries has been drawn and will be introduced. OVERPAYMENTS Another Chicago national convention resolution requests "Amendment to Public Law 484 so as to permit waiver of overpayments when, in the judgment of the Administrator of Veterans' Affairs, there is no fault on the part of the payee and when recovery would be against equity and good conscience." A bill covering this subject is being drafted for introduction during the opening days of the next session. "PARENT" AND "CHILD"-DEFINITION A Chicago national convention resolution asks that the term "parent" used in all legislation pertaining to World War veterans be defined "To include the natural mother and father, the mother and father by adoption, the foster mother and foster father, and those who stood in loco parentis to the veterans" and that the term "child" be defined, "In all such laws as it is in the World War Veterans' Act, as amended." A bill covering this resolution has been drafted and will be introduced. PARENTS' COMPENSATION Another resolution requests "amendatory legislation to permit payment of death compensation without limitation to parents who lost two or more children as a result of service incurred disabilities." |