PG 21-1 March 27, 1975 psychosis and those with very incapacitating conditions such as paraplegia, gross mutilation and disfigurement. During the rating board's deliberation, the following guideposts should trigger in-depth consideration of the issue of contributory cause of death: (5) A disability ratable at 50% or more? Minor service-connected disabilities of a static nature which do not affect a vital organ do not, as a general rule, play a part in hastening death from an unrelated disease. It is to be recognized, however, that these disabilities of low evaluation can increase in severity prior to and at time of death and may as an active process become a material factor in hastening death. BLINDED VETERANS ASSOCIATION, Senator VANCE HARTKE, Chairman, Committee on Veterans' Affairs, DEAR SENATOR HARTKE: In its testimony submitted to the Senate Committee on Veterans' Affairs in March 1975, the Blinded Veterans Association stressed that the highest priority in our legislative program is, understandably, the costof-living increase in disability compensation for service-connected disabled veterans. Subsequent to presenting our legislative program, H.R. 5197 and H.R. 5903, both designed to increase the rates of disability compensation, have been introduced in the House of Representatives. The BVA indeed is pleased with this action and appreciates the introduction of this legislation by Mr. Montgomery and the other committee members who have joined him as sponsors. We are hopeful that similar legislation will be introduced in the Senate in the near future. Since the enactment of Public Law 93-295, which increased disability compensation effective May 1, 1974, the cost-of-living has continued to rise. We now have reached a point where the May 1974 CPI of 145.5 has risen by March 1975 to 157.8, an increase of over 12 percentage points. People living on fixed income— as does most of our membership and many other disabled veterans as wellare the hardest hit when the cost-of-living continues to spiral upward. As you are well aware, social security beneficiaries and retired military and civilian personnel of the Federal Government have received a series of increases in their compensation which has kept them fully abreast with the increase in the cost-of-living. Social security benefits are expected to be increased again early in the summer of 1975 and retired military and civilan personnel, who have had two increases of 6.4 percent and 7.3 percent since the enactment of Public Law 93-295, are expected to receive another cost-of-living increase in August or September 1975. The disability compensation increase provided by Public Law 93-295 thus has trailed far behind increases in the cost-of-living provided for many other groups living on fixed incomes. That situation is again repeating itself; as has happened so often in the past, we find ourselves falling behind in the absence of enactment of the necessary legislation. The BVA finds it difficult to understand why serviceconnected disabled veterans are continuously faced with this inequitable situation with its accompanying economic hardships. We urge your support in introducing in the Senate at the earliest date the necessary legislation to effect an increase in disability compensation for service-connected disabled veterans. We firmly believe that prompt action is essential and are hopeful that you will support our request to press for the passage of such legislation without undue delay. Sincerely yours, CLYDE W. WAUGH, National President and Chairman of the Board. P.S. I am sending identical letters to the members of the Senate Committee on Veterans' Affairs. Mr. CLYDE W. WAUGH, COMMITTEE ON VETERANS' AFFAIRS, National President and, Chairman of the Board, Washington, D.C. DEAR MR. WAUGH: Thank you for your May 1 letter concerning legislation to increase compensation payments for veterans disabled as the result of military service. I am pleased to inform you that on April 29, 1975, I introduced S. 1597, the "Veterans Disability Compensation and Survivor Benefits Act of 1975". This measure provides for a 12 percent cost-of-living increase in compensation rates for disabilities rated 10 to 50 percent, and an increase of 14 percent for more severely disabled veterans rated 60 to 100 percent, as well as for statutory payments for severe anatomical losses. Additional allowances for the dependents of severely disabled veterans would be increased by 12 percent. The rate payable under section 314(k) of title 38, United States Code, would be increased from $52 to $58 per month. In addition, an annual increase in the clothing allowance, which I authored in 1972, of $25, from $150 to $175, would be included for a veteran who because of his compensable disability wears or uses a prosthetic or orthopedic appliance, including a wheelchair, which tends to wear out or tear his clothing. Also included in the proposed legislation is a provision which I believe will be of particular interest to you and your members. This provision would automatically entitle survivors of a veteran who was rated totally and permanently service-connected disabled to dependency and indemnity compensation. Hearings are scheduled on May 8, 1975 by the Subcommittee on Compensation and Pensions. I am confident that we will move promptly on this measure so that this legislation can be reported for consideration by the full Senate. The bill provides for an effective date of July 1, 1975. There is one point which requires clarification. While it is correct that the cost of living has risen 12.3 index points it is necessary to divide 12.3 by the original index figure of 145.5 in order to obtain the percentage increase in the cost of living which in this case would be 8.4 percent. Enclosed is a copy of my remarks when I introduced S. 1597 to the U.S. Senate. Thank you again for your interest, and please do not hesitate to contact me or any member of my staff whenever I can be of assistance. Sincerely, VANCE HARTKE, Chairman. Thank you for your letter of May 2, 1975 in which you advise us of the introduction of S. 1597, the "Veterans Disability Compensation and Survivorship Act of 1975". The BVA indeed is grateful to you and the other members of your Committee who have introduced this Bill; we are pleased that hearings are proceeding with respect to this legislation. In view of the continuing rise in the cost-of-living since the last increase in disability compensation in May 1974, and the fact that the costof-living is still rising, the BVA supports the 14 percent increase in disability compensation ratings. In this connection, we endorse the May 8, 1973 testimony of the Disabled American Veterans which also supports this 14 percent increase across-the-board. We particularly are pleased with that portion of S. 1597 which would provide Dependency and Indemnity Compensation (DIC) entitlement for the survivors of veterans who are rated as totally and permanently service-connected disabled veterans, regardless of the cause of death. As reflected in our testimony presented to your Committee on March 13, 1975, the extension of DIC entitlement to the survivors of these veterans has long been a major priority of the Blinded Veterans Association. CWW: RDC: C Sincerely yours, Clyde W Waugh Clyde W. Waugh National President and Senator TALMADGE. Our first witness this morning is Senator Daniel K. Inouye to testify on his bills, S. 110 and S. 770. Senator we are pleased to have you with us, please proceed. STATEMENT OF HON. DANIEL K. INOUYE, A U.S. SENATOR FROM THE STATE OF HAWAII Senator INOUYE. Mr. Chairman, I appreciate having the opportunity to testify today in support of S. 110 and S. 770. During the 93d Congress, I was pleased to be able to work closely with the Senate Veterans' Affairs Committee in securing favorable action on several improvements in our Nation's veterans assistance programs, especially the Vietnam Era Veterans Readjustment Assistance Act of 1974. Obviously, there are more improvements to be made, for that is the purpose of these hearings and the focus of my remarks. On January 15, 1975, I introduced S. 110, a bill designed to assist widows of servicemen who were totally disabled due to service-connected injuries but who died of a cause unrelated to his disability. Many of these women were unemployed or underemployed during their adult lives because it was necessary to care for their husbands. As a result, they have no provisions for any income after the disability pay ceases following their spouses' death. This is most unfair because these widows would have been eligible for dependency and indemnity compensation had their husbands died of the service-connected disabilities, yet they very possibly had to spend even more time and energy in caring for their ill and disabled husbands. In addition, there are many situations in which a service-connected disability may not be the direct cause of death, but the proper treatment or medication cannot be administered due to complications caused by the disability. Thus, the disability may actually have caused the death by preventing proper care. This bill, if passed into law, will not provide handouts to those who do have adequate income from other sources. The size of the payments to which the widows will be entitled will be reduced by an amount equal to one-half of income from other sources. I also wish to bring to the attention of the Committee on Veterans' Affairs a typographical error which occurs on page 2 of the bill. Line 16 should read “(d), dependency".", rather than "(c), dependency"."" When this committee reported out S. 3072 last year, which became Public Law 93-295, attention was paid to a long-ignored deficiency in the statutory awards paid to veterans who have suffered anatomical loss or loss of use of one foot, one hand, or one eye-under 38 U.S.C. 314(k). In 1946, Public Law 79-662 set the "k" award at $42 per month. In 1952, Public Law 82-427 increased it to $47 per month. And the 93d Congress increased the award an additional $5 per month to $52 with Public Law 93–295. The report of the Senate Committee on Veterans' Affairs to accompany S. 3072 stated: The "k" award while a minor portion of the total award of compensation is nonetheless a compensatory award for anatomical loss. Thus in the light of the extraordinary inflation disabled veterans are experiencing, the committee is of the opinion that a 10-percent increase in the "k" awards is warranted. |