PENSIONS FOR WORLD WAR VETERANS' WIDOWS

AND ORPHANS

SATURDAY, FEBRUARY 3, 1940

HOUSE OF REPRESENTATIVES,

COMMITTEE ON WORLD WAR VETERANS LEGISLATION,

Washington, D. C.

The committee met at 10 a. m., Hon. John E. Rankin presiding. The CHAIRMAN. The committee will come to order.

The service organizations want to have some pictures made of the committee, but they want the whole committee, and we have sent out an S. O. S. for them. They will be here in a few minutes. I want every other veteran of the World War who was a Member of Congress, because we are going to make arrangements to get you in the picture. In the meantime we are going to start the proceedings.

I want to say to you that this is merely a get-together meeting to present the heads of the various veteran and auxiliary organizations. This is not a time for long speakers. Any one who makes a speech, if he has it written out, he can read the first two paragraphs, and extend it in the record. We are going to treat you like Congressmen, going to give you a dose of our medicine this time, and make you like it. [Laughter.]

So I am ging to ask that the commander of each veterans' organization confine himself to not more than 15 minutes at the outside. All others will be limited to 5 or 10 minutes, as the time will permit.

We are not going to try to shut anybody off, but you can do as we do, make a short talk and put the rest of it in the record, and we will read it as we need to.

I am going to first call on the American Legion, and ask Col. John Thomas Taylor to present the national commander.

STATEMENT OF COL. JOHN THOMAS TAYLOR, DIRECTOR, NATIONAL LEGISLATION COMMITTEE, AMERICAN LEGION

Colonel TAYLOR. Mr. Chairman and lady and gentlemen of the committee: I want to say that we appreciate this opportunity for the American Legion to appear before you and present its national legislative program dealing with the disabled veterans' legislation. And with your permission, Mr. Chairman, I will insert in the record at this point the resolutions adopted at the convention, touching upon these various subjects.

The CHAIRMAN. Without objection it is so ordered. (The resolutions referred to are as follows:)

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. Under 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:

"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.