and the Administrator of Veterans' Affairs is hereby authorized and directed to pay any benefits provided by such laws in the event of such veterans' death.

SEC. 2. The widow, child, or children of any deceased veteran who at the time of his death was entitled to or in receipt of monetary benefits for disability resulting from an injury or an aggravation of any existing injury under the provisions of section 213 of the World War Veterans' Act, 1924, as amended (43 Stat. 1308; U. S. C., title 38, sec. 501), or section 31 of Public Law Numbered 141, Seventy-third Congress (48 Stat. 526; U. S. C., title 38, sec. 501a), shall be entitled to the benefits of Public Law Numbered 484, Seventy-third Congress, June 28, 1934 (48 Stat. 1281, 1282; U. S. C., title 38, secs. 503 to 507. inclusive), as amended, provided the other requirements thereof are met.

SEC. 3. That where any veteran suffers or has suffered an injury, or an aggravation of any existing injury, as the result of having submitted to an examination under authority of any of the laws granting monetary or other benefits to World War veterans, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the veteran or his dependents shall be entitled to the same benefits as are provided for those who suffer an injury or an aggravation of any existing injury as a result of training, hospitalization, or medical or surgical treatment under the provisions of section 31 of Public Law Numbered 141, Seventy-third Congress, March 28, 1934. No benefits under this Act shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred, or after the date of this enactment, whichever is the later date.

SEC. 4. There shall be no recovery of payments from any person who in the judgment of the Administrator of Veterans' Affairs is without fault on his part and where in the judgment of the Administrator such recovery would defeat the purposes of benefits otherwise authorized under any law administered by the Veterans' Administration providing benefits for ex-service men and their dependents, or would be against equity and good conscience. No disbursing officer and no certifying officer shall be held liable for any amount paid by him to any person where the recovery of such amount is waived under this Act. When under the provisions of this Act the recovery of a payment made from the United States Government life-insurance fund is waived, the United States Government life-insurance fund shall be reimbursed for the amount involved from the current appropriation for military or naval insurance. This section shall be deemed to be in effect as of March 3, 1933.

All laws, regulations, and executive orders in conflict with the foregoing are repealed or modified to conform therewith.

SEC. 5. (a) That paragraphs II, III, and IV of Veterans Regulation Numbered 9 (a), as amended, be further amended to read as follows:

"II. Where an honorably discharged veteran of any war or a veteran of any war in receipt of pension or compensation dies after discharge, the Administrator, in his discretion and with due regard to the circumstances in each case, shall pay, for burial and funeral expenses and transportation of the body (including preparation of the body) to the place of burial, a sum not exceeding $100 to cover such items and to be paid to such person or persons as may be prescribed by the Administrator. The Administrator may, in his discretion, make contracts for burial and funeral services within the limits of the amount herein allowed without regard to the laws prescribing advertisement for proposals for supplies and services for the Veterans' Administration. No deduction shall be made from the burial allowance because of any contribution from any source toward the burial and funeral (including transportation) unless the amount of expenses incurred is covered by the amount actually paid for burial and funeral (including transportation) purposes by a State, county, or other political subdivision, workmen's compensation commission, State industrial accident board, employer, burial association, or Federal agency: Provided, That no claim shall be allowed for more than the difference between the entire amount of the expenses incurred, and the amount paid by any or all of the foregoing agencies or organizations: Provided further, That nothing herein shall be construed to cause the denial of or a reduction in the amount of the burial allowance otherwise payable because of a cash contribution made by a burial association to any person other than the person rendering burial and funeral services: Provided further, That nothing herein contained shall be construed so as to cause payment of the burial allowance or any part thereof in any case

where specific provision is otherwise made for payment of expenses of funeral, transportation, and interment under any other Act.

"III. Where death occurs in a Veterans' Administration facility within the continental limits of the United States, the Veterans' Administration will (a) assume the actual cost (not to exceed $100) of burial and funeral and (b) transport the body to the place of burial within the continental limits of the United States or to the place of burial in Alaska if the veteran was a resident of Alaska and had been brought to the United States as a beneficiary of the Veterans' Administration for hospital or domiciliary care. Where a veteran dies while hospitalized under authority of the Veterans' Administration in a Territory or possession of the United States the Veterans' Administration will (a) assume the actual cost (not to exceed $100) of burial and funeral and (d) transport the body to the place of burial within the Territory or possession. "IV. Claims for reimbursement must be filed within two years subsequent to the date of burial of the veteran. In the event the claimant's application is not complete at the time of original submission, the Veterans' Administration will notify the claimant of the evidence necessary to complete the application and if such evidence is not received within one year from the date of the request therefor no allowance may be paid: Provided, That the Administrator is authorized and directed to adjudicate any unpaid claim filed within two years after the enactment of this Act where death occurred on or after March 20, 1933, and claim was not filed within the regulatory period, and to grant burial allowance under the laws and regulations in effect on the date of adjudication after the enactment of this Act, if all other requirements are met.” (b) That paragraph III of Veterans' Regulation Numbered 6 (a), as amended, be further amended to read as follows:

"III. To persons unable to defray the cost thereof, transportation and other necessary expenses incidental thereto will be supplied to cover travel to a Veterans' Administration facility for domiciliary or hospital care; to cover eturn travel to the place from which the person proceeded to the facility, when he is regularly discharged upon completion of such care; and to cover travel involved in a transfer, deemed necessary, from one Veterans' Administration facility to another. All such travel will be subject to grant of prior authorization therefor. In the event of death of any such person within the continental limits of the United States prior to his discharge from such care, transportation expenses (including preparation of the body) for the return of the body to the place of burial within the continental limits of the United States, or to the place of burial in Alaska if the veteran was a resident of Alaska and had been brought to the United States as a beneficiary of the Veterans' Administration for hospital or domiciliary care, may be paid in the discretion of the Administrator of Veterans' Affairs, when deemed necessary and as an administrative necessity. In the event of death of any such person in a Territory or possession of the United States transportation expenses (including preparation of the body) for the return of the body to place of burial within the Territory or possession may be paid."

(c) This section shall be applied to any claim for burial benefits pending in the Veterans' Administration on the date of its enactment.

SEC. 6. Section 504 of the World War Veterans'. Act, 1924, as amended (U. S. C., 1934 edition, title 38, sec. 555), is amended, to take effect as of June 7, 1924, by adding at the end thereof the following:

"Whenever a forfeiture of rights, claims, or benefits of any alleged offender is adjudged under this section by the Administrator of Veterans' Affairs, he shall cause a complaint to be filed against such alleged offender and if upon trial thereof such alleged offender shall be acquitted, or if such alleged offender is not brought to trial upon such complaint within one year from the date of such forfeiture, such person shall be reinstated to all rights, claims, and benefits lost by such forfeiture, dating from the date of such forfeiture."

SEC. 7. Section 15 of the Act entitled "An Act to maintain the credit of the United States Government," approved March 20, 1933, is amended to take effect as of March 20, 1933, by adding at the end thereof the following:

"Whenever a forfeiture of rights, claims, or benefits of any alleged offender is adjudged under this section by the Administrator of Veterans' Affairs, he shall cause a complaint to be filed against such alleged offender and if upon trial thereof such alleged offender shall be acquitted, or if such alleged offender is not brought to trial upon such complaint within one year from the date of such forfeiture, such person shall be reinstated to all rights, claims, and benefits lost by such forfeiture, dating from the date of such forfeiture."

Mr. RICE. In compliance with the request made by the chairman, both the commander in chief and the chairman of the national legislative committee of the Ladies' Auxiliary of the V. F. W. have deliberately shortened up the reading of their statements, but I would like to have permission for the entire statements to be placed in the record in lieu of the portions they may read before you.

The CHAIRMAN. Without objection it is so ordered.

Mr. RICE. At this time it gives me great pleasure to present to you the national commander in chief of the Veterans of Foreign Wars, Commander Otis N. Brown, of Greensboro, N. C.

The CHAIRMAN. Commander, we are glad to have you.

STATEMENT OF COMMANDER OTIS N. BROWN, COMMANDER IN CHIEF, VETERANS OF FOREIGN WARS OF THE UNITED STATES

Commander BROWN. Thank you.

Honorable Chairman, and members of the Committee on World War Veterans' Legislation, we very much appreciate this opportunity to appear before you, briefly to outline that part of the program of the Veterans of Foreign Wars of the United States which pertains to the welfare of disabled veterans and the dependents of deceased veterans.

The entire program of our organization for the current year contains many detailed objectives, concerning a wide range of different subjects, all classed under the three main objectives (1) security for America, (2) security for American citizens, and (3) security for America's veterans and their dependents.

It is the last of these three general objectives with which this committee is directly concerned. Security for America's veterans and their dependents, the third general objective of the V. F. W., is, however, very closely relate to our first two general objectivessecurity for America and security for American citizens. Security for America can best be guaranteed by the adoption and application of policies which promote security for American citizens and by providing security for America's veterans and their dependents.

These three general objectives of the V. F. W. are not only very closely related to each other but also interdependent upon each other, for without one of the three we could hardly expect to have the other two.

Security for America's veterans and their dependents is an investment in patriotism which will add to the security of American citizens and enhance security for America.

Present and future security for America dictates the necessity and advisability of adopting and adhering to such policies as do protect and promote the security of America's veterans and their dependents.

In advocating the application of such policies, we believe that wẹ are serving the best interests of our comrades, their respective local communities, and our country.

Although our organization's program can be summarized as coming under these three simply stated interrelated and interdependent objectives of security for America, its citizens, and its veterans and their dependents, the many specific objectives so classified and grouped together constitute an unusually broad and comprehensive program, which, if attained, would indirectly affect every community, State,

and the entire country, would directly and indirectly affect most of the Nation's citizens, and would directly and potentially affect practically all of the Nation's war, campaign, and expedition veterans, and veterans of the Regular Establishment and their dependents.

The fact that the V. F. W. program embraces so many detailed objectives affecting so many persons is perhaps a result of the fact that the Veterans of Foreign Wars is composed of those American citizens who have been officially authorized to wear campaign badges following their service overseas or in hostile waters, in the armed forces of the United States, in one or more of its several wars, campaigns, and expeditions.

The V. F. W., therefore, is an organization composed of the veterans of more than 1 war, for its membership includes those who served in Cuba, Puerto Rico, and the Philippine Islands during the Spanish-American War and Philippine Insurrection, in China during the Boxer Rebellion, in the several occupations and expeditions in Haiti, Mexico, Nicaragua, and on the Yangtze River, and so forth, as well as some 2,000,000 who served in England and France during the World War, and in Russia following the World War armistice. The V. F. W., moreover, is not merely a one-generation outfit, for its members range in age from about 20 to more than 90 years of age. A typical cross-section of patriotic American citizens, viewed from a political, religious, cultural, economic, industrial, or occupational standpoint, constitutes the membership of the V. F. W. Its adopted policies consequently represent the collective viewpoint of many thousands of individuals, with different backgrounds, who have had campaign-badge service in one of the overseas wars, campaigns, or expeditions in which the United States has been engaged. These facts, I believe, account for the many specific objectives in its comprehensive, but nevertheless, well-coordinated program.

Security for America's veterans and their dependents, in our opinion, should include: (1) Competent medical treatment and hospitalization for those disabled veterans in need of same; (2) adequate compensation for those veterans who may have been wounded, gassed, or disabled by reason of their employment in the Nation's armed forces during time of war, in any campaign, expedition, or occupation, as well as during time of peace; (3) insurance and pension benefits for the dependents of deceased war veterans; (4) suitable gainful employment for all employable veterans by increased occupational opportunities and by effective employment preferences by all Federal, State, county, and municipal agencies, and (5) adequate pensions for those who, by reason of permanent disabilities, have become occupationally handicapped or unemployable.

Medical treatment is now available for those veterans who may be suffering with service-connected disabilities. Hospitalization, with supplemental medical treatment, is available to those war, campaign, and expedition veterans who are in need thereof if governmental facilities be available therefor. Although splendid progress has been made by the Veterans' Administration in furnishing competent medical treatment and hospitalization to veterans in need thereof, long waiting lists and the probability of increasing disabilities with increasing age, compel us to urge that additional hospital and domiciliary facilities should be continually constructed by the Veterans' Administration to be located according to veteran population needs,

so as to keep pace with the need therefor and not continually to lag behind such needs, therefore necessitating the postponement, frequently, of needed hospitalization on the part of thousands of disabled veterans. We hope that it may still be found possible to provide for an appropriation for the construction of additional hospitalization and domiciliary facilities by the Veterans' Administration during the coming fiscal year, on a par with the splendid progress which has been made during the past and current year in the hospitalconstruction program.

About 344,000 World War veterans are now receiving compensation by reason of service-connected disabilities. They represent less than 9 percent of the some 4,000,000 World War veterans who are still living. The V. F. W. has long contended that because of the circumstances under which he served, it is much more difficult ordinarily for an overseas veteran to prove the service connection of a disability which was not made of official record than is so as to men who served only in this country, where records could be more carefully kept, where examinations and treatment could be more feasibly given, and where fellow buddies had an opportunity to observe symptoms of developing ailments.

Because of the naturally greater difficulty on the part of overseas veterans to obtain affidavit evidence to substantiate their claims that certain disabilities had their origin during their military service, we have contended that a much more liberal policy should be followed by the Veterans Administration in granting service connection to overseas veterans than has been the case. It is true that the Administrator of Veterans' Affairs emphasized this matter in his Service Letter to the field under date of August 10, 1938, but we cannot help but believe that it is in need of further emphasis. Moreover, we cannot help but believe that no matter how liberal the Veterans' Administration may become in determining the service connection of disabilities of overseas veterans, it will very probably prove impossible for thousands of such overseas veterans ever to be able to submit sufficient factual evidence on the basis of which to warrant the Veterans' Administration in granting a benefit-of-doubt service connection.

There should, of course, be no reduction of benefits payable to veterans suffering with service-connected disabilities. Liberalized benefits ought to be granted in several respects to these serviceconnected disabled veterans. Full compensation for those veterans suffering with so-called presumptive disabilities ought to be restored to them.

A minimum rating of 10 percent ought to be granted as to all combat disabilities, even though evaluated by the schedule of disability ratings as less than 10 percent.

There ought to be an extra statutory award of $10 a month as to all veterans who were wounded in combat service, and as to those suffering with a loss of a limb because of combat wound.

Basic disability ratings ought to be increased by 10 percent for each additional 5 years of age after the fortieth birthday of veterans now receiving compensation or pension by reason of serviceconnected disabilities, so that the increasing handicap of increasing age may become a factor in the amount of compensation granted.