1445), and a 1907 Act granting pensions to certain enlisted men, soldiers and officers, who served in the Civil War and the War with Mexico (34 Stat. 879). (j) In 1912 and 1916, Acts increasing certain pension benefits, included a prohibition against the payment of any agent or attorney fees except where an original claim was involved, and then such fee was limited to $10.00 (37 Stat. 112 and 39 Stat. 844). (k) In 1917, a 1914 Act establishing the War Risk Insurance Program was amended by providing a new section limiting agent and attorney fees to litigated cases, and even then restricting the fee to 10% of the amount recovered. No fees were authorized unless litigation was involved (40 Stat. 102). (1) This Act was amended in 1918 and agent and attorney fees were authorized in non-litigated cases up to $3.00 for assisting in preparing necessary claim papers (40 Stat. 555). (m) In 1918, pensions were granted to widows and minor children of officers and enlisted men who served in the War with Spain, the Philippine Insurrection, or in China. Fees were limited to $10.00 (49 Stat. 903). (n) Pension benefits were extended to soldiers and sailors of the conflicts listed in subparagraph (m) in 1920 and an agent or attorney fee of up to $20.00 was authorized where the agent or attorney assisted in processing the claim (41 Stat. 982). (0) In 1922, pension benefits as a result of service set forth in subparagraph (m) were extended to certain new classes of individuals. Agent or attorney fees were limited, however, to those cases involving original claims for pension, and then not to exceed $10.00 (42 Stat. 834). (p) In 1924, an Act providing adjusted compensation to veterans of the World War prohibited the payment of any agent or attorney fees (43 Stat. 121). (q) Also in 1924, laws granting compensation, pension, disability allowance and other similar benefits were repealed, and the benefits provided thereby were consolidated into a new World War Veterans' Act. Agent or attorney fees were limited to $10.00 for assistance in the preparation of a claim, and to 5% of the amount recovered in litigated insurance cases (43 Stat. 607). (r) This Act was amended in 1925 to increase the amount of the agent or attorney fees authorized in litigated insurance cases from 5% to 10% of the amount recovered (43 Stat. 1302). (s) In 1926, pensions were granted and increased to certain soldiers, sailors, and marines (and their widows) of the Civil and Mexican Wars, and to widows of the War of 1812, and to Army nurses. Attorney fees were limited to $10.00 for assistance in filing original claims (44 Stat. 206). (t) In 1926, an Act amending the World War Adjustment Compensation Act, prohibited the payment of any attorney fee (44 Stat. 826). (u) Pension benefits were extended or increased again in 1927 to certain soldiers who served in the Indian Wars from 1817 to 1898. A $10.00 fee limitation (applicable to original claims only) was included (44 Stat. 1361). (v) In 1928, an Act granting pensions and increase of pensions to widows and former widows of Civil War veterans, prohibited the payment of any attorney fee (45 Stat. 714). (w) Pensions were again increased or extended in 1930 to certain soldiers, sailors and nurses of the War of Spain, the Philippine Insurrection or the Chinese Relief Expedition. Agent or attorney fees were limited to $10.00 for original claims (46 Stat. 492). Another 1930 Act increasing pensions as a result of Civil War service contained a similar provision (46 Stat. 529). (x) As a result of the Consolidation Act of 1930, the Pension Bureau, United Veterans Bureau and the National Homes for Disabled Volunteer Soldiers were merged into the Veterans Administration. No change was made with respect to the various provisions then in effect involving agent or attorney fee limitations. In 1936, however, a law was enacted which made a $10.00 fee limitation applicable to all claims under statutes administered by the Veterans Administration (PL 844, 74th Congress; 38 USC 102). (y) The laws administered by the Veterans Administration were consolidated in 1957 (PL 85-56), and recodified in 1958 (PL 85-857). The $10.00 fee limitation previously applicable to all VA benefit claims (except those involving litigated insurance matters), previously located in 38 USC 102, was recodified and placed in 38 USC 3404 where it is presently located. APPLICATION FOR PROGRAM OF EDUCATION OR TRAINING (Under Chapter 34, Title 38, U.S.C.) INSTRUCTIONS TO VETERAN 1. General Information - The educational assistance program provides financial aid for the education and training of eligible veterans and is designed to encourage selfimprovement. Hundreds of courses offered by schools and training establishments across the nation have been approved to make available a wide variety of programs to meet the goals and needs of the individual veteran. We are furnishing the following information to assist and encourage you in making a decision to take advantage of this opportunity to obtain these benefits. For more detailed information or assistance, you should contact the VA regional office nearest you. 2. Schools and Training Establishments You May Attend You may attend elementary schools, high schools, vocational or technical schools, business colleges, colleges and universities, correspondence schools and flight schools which have been approved by the State approving agency. Benefits are payable while you are training in an approved apprenticeship, on-the-job training, or cooperative farm training program. 3. High School Courses - If you do not have a high school diploma or you need a refresher or remedial course to qualify for admission for a degree or vocational program, you may receive benefits without charge to your entitlement. 4. Home Study Courses - If you are considering enrolling in a home study course or a combination correspondenceresidence course, be sure the field is suitable to your abilities and interests before you sign a contract with the school. Information on home study courses and the rate of completion is available at the nearest U.S. Veterans Assistance Center (USVAC) or VA Regional Office. VA counseling is available to you upon request. You may wish to further consider your decision or get help from a VA counselor before signing a contract which may require you to pay for all or the majority of the course even though you complete only a portion of it. NOTE: The law provides that a contract to enroll in a home study course must be affirmed by the student more than 10 days from the date the contract was signed. No payments of educational assistance allowance will be authorized by the VA for any lessons serviced by the school prior to the date of affirmation of such request. you want to prepare for, you can get professional vocational counseling help from the VA. You may request a counseling appointment by completing Item 171. There is no charge for the counseling but any necessary travel will be at your expense. 7. How to Apply for Educational Benefits - Select the program in which you wish to enroll. Be sure the course at the school or training establishment is approved for the enrollment of veterans. If you need any assistance or further information contact the nearest VA Regional Office. a. NOT ENROLLED - Complete the application, attach a copy of your DD 214 and send direct to the VA. If you have been accepted by the school and notified them of your intention to enroll, you may apply for an advance payment of educational assistance allowance by completing Items 17A thru 17H. The advance payment check will be sent to the school to be delivered to you at the time you register. NOTE: No advance payment may be made prior to August 1, 1973 b. ENROLLED Complete the application, attach a copy of your DD 214 and give the entire package to the school or training establishment to process to the VA. 8. Restrictions a. Enrollment may be approved only for a program leading to an educational, professional or vocational objective for which you are not already qualified. b. The law prohibits approval of any sales or sales management course which does not provide specialized training within a specific vocational field, unless at least half of the persons completing such course over the last two years have been employed in the sales or sales management field. c. The law prohibits the approval of a program for a recreational or an avocational purpose such as dancing. d. Courses in bartending or personality development are prohibited by law. 9. Change of Program - You may change your program one time without counseling. Additional changes may be approved only after VA counseling. You should plan your program carefully so that not more than one change is required. 10. Change of Address - Any address change should be furnished the VA promptly. NOTE: PLEASE REMOVE CARBON SHEETS BEFORE COMPLETING THE BACK OF THE APPLICATION. VA FORM MAY 1973 22-1990 SUPERSEDES VA FORM 22-1990, AUG 1970, RETAIN THIS INSTRUCTION SHEET I VETERANS ADMINISTRATION VETERAN'S APPLICATION FOR PROGRAM OF EDUCATION OR TRAINING (Under Chapter 34, Title 38, U.S.C.) IMPORTANT - Before completing this form read the instructions. Type or print answers in ink. If additional space is required, attach separate sheets and key answers to Item numbers. BE SURE TO REMOVE CARBON PAPER BETWEEN SHEETS BEFORE COMPLETING REVERSE OF THE FORM. 3. NAME OF APPLICANT (First, middle, last) 4. SOCIAL SECURITY NO. NOTE: Complete Items 11A through 11F ONLY if you had more than one period of service (Attach DD 214) 17J. IF YOU ARE AN EMPLOYEE OF THE UNITED STATES GOVERNMENT. DO YOU EXPECT TO RECEIVE EDUCATIONAL BENEFITS UNDER THE GOVERNMENT EMPLOYEES TRAINING ACT DURING THIS PERIOD OF EDUCATION? MARITAL STATUS AND DEPENDENCY INFORMATION (Submit marriage certificate if either was married before) 18A. MARITAL STATUS (Check one) 188. NUMBER OF TIMES 18C. NUMBER OF TIMES 180 PRESENT ADDRESS OF SPOUSE DEPENDENT CHILDREN - List each of your living unmarried children who is: (A) under 18 years of age, or (B) over 18 and under 23 years and attending school or (C) a child of any age who became permanently incapable of self-support due to physical or mental illness before age 18. If you have more than two children, list additional children on a separate sheet. I HEREBY CERTIFY THAT all statements herein are true and complete to the best of my knowledge and belief, and I herewith apply for a program af education, or training under Chapter 34, Title 38, USC. I authorize release of school and testing records to the VA for use in counseling me and supervising my program of education and training. PENALTY Willful false statements as to a material fact in a claim for education is a punishable offense and may result in the forfeiture of these or other benefits and in criminal penalties. Senator TUNNEY. Now, our next witness is Mr. Harold Nussbaum, attorney, Washington, D.C. Mr. Nussbaum? STATEMENT OF HAROLD J. NUSSBAUM, ATTORNEY AT LAW, WASHINGTON, D.C. Mr. NUSSBAUM. Mr. Chairman, I am going to confess to you a trace of nervousness. I was a country boy, and I grew up in an era when the name of Gene Tunney was viewed with such magic and the names of Tunney, Sharkey, and Dempsey, that we trembled with awe. Senator TUNNEY. Well, you have won me over completely now. Mr. NUSSBAUM. That wasn't my intention, but I want to express my nervousness in this matter. I also intended to come here this morning to be a nice guy, but right now I am angry. I say this with the highest respect for my 25-year friend, John Corcoran, we just heard testify on behalf of the Veterans' Administration, but I am angry at some of the things said. I started out, as I say in my statement, with the Disabled American Veterans in 1946. I have only the highest praise for the service organizations, within their limited scope-and it is distinctly limited, Senator. Now, with the chairman's permission, I am going to depart completely from my statement except as necessary to refer to it. Senator TUNNEY. Your text will be printed in the record, and it has been read by the committee staff already, so please proceed. Mr. NUSSBAUM. I am going to tread on toes today, but I have tread on a lot of toes in the last 25 years. I have tread on enough toes that in 1953, before I was even admitted to the bar, but had passed the bar examination while in law school-and that is no longer permitted-I was invited to take a very high level legal post with the Veterans' Administration, and one which would have meant probably no promotions during a lifetime career. About 4 years ago, I was appointed chairman of the veterans law committee, the administrative law section of the American Bar Association. I held that chairmanship 20 years, when I requested to be relieved. I am again vice chairman this year. And what I am coming to, Mr. Chairman, is that for generations, there has grown up a relationship between the Veterans' Administration and the veterans' organizations which consists of "Don't gore my ox, and I won't gore yours." Now, I don't mean to imply any wrongdoing, but when relationships and friendships between agencies and their administrators become too close and too warm, it is possible that one's view of the direct line to the target can become a little warped. Now, riding over in the cab to this building this morning, at random I wrote down on the back of an envelope 14 names which just came to mind, and of those 14 names, they are all honorable men. Many of them are dead now. They were all my friends, and still are. But those 14 names represent a very interesting thing. |