Two-year Presumtive Period for Disease of Psychosis ...: Hearing ... on H.R. 5891 and 5892 ... January 16, 1952

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Page 720 - ... that — Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of such chronic disease, has been suffered between the date of discharge and the onset of the chronic disease, or the disability is due to the person's own misconduct, service connection will not be in order.
Page 719 - Be it enacted by the Senate and Souse of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Arms Control and Disarmament Act Amendments in 1975".
Page 720 - II or of service on or after June 27, 1950, and prior to such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress, who is entitled to compensation under the laws administered by the Veterans...
Page 721 - Affairs is hereby authorized and directed to include in the regulations pertaining to service connection of disabilities additional provisions in effect requiring that in each case where a veteran is seeking service connection for any disability due consideration shall be given to the places, types, and circumstances of his service as shown by his service record, the official history of each organization in which he served, his medical records, and all pertinent medical and lay evidence.
Page 720 - Regulation No. 1 (a), pt. I, par. I, subpar. (c), as amended), provides generally that a chronic disease (other than active pulmonary tuberculosis and multiple sclerosis) becoming manifest to a degree of 10 percent or more within 1 year from the date of separation from active service...
Page 721 - Administrator shall accept as sufficient proof of serviceconnection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in...
Page 720 - Provided further, That active pulmonary tuberculosis or all other types of active tuberculosis, multiple sclerosis, or any of the chronic functional pyschoses developing a 10 per centum degree of disability or more within three years from the date of separation from active service, shall, in the absence of affirmative evidence to the contrary, be deemed to have been incurred in or aggravated by active service:".
Page 720 - ... administered by the Veterans' Administration. The bill was passe'd by the Congress in this form and approved as Public Law 239, 82d Congress, October 30, 1951. Under this law it is not necessary that the veteran have 90 days' service for the presumption to attach and willful misconduct is not a bar. There is definite medical substantiation that the time of onset of a psychiatric disorder, whether a psychosis or a psychoneurosis, is not the only criterion of the cause or causes. Determination...
Page 746 - Who is there to state with certainty that the condition did not have its roots in the individual's war service? Prior to his war service he probably had no problems greater than the average man in his community. He was perfectly happy and contented there in the warmth and protection of his family. The war rips him out of his environment and places him in a rigid situation, and very often in a situation that is intolerable to the individual. He is no longer able to plan his life as before. Of military...
Page 721 - ... 1933 incorporated in veterans regulations promulgated under Public No. 2, 73d Congress. In 1948 Congress specified certain diseases which, among others, should be deemed chronic, but did not extend the uniform 1-year presumptive period (Public Law 748, 80th Cong). It was not until 1950 that an exception to the general rule was made in the case of active pulmonary tuberculosis (Public Law 573, 81st Cong.), and in 1951 a further presumption was authorized in the case of multiple sclerois (Public...

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