3 1 "(2) In determining the amount of reduction in the 2 monthly dependency and indemnity compensation to be 3 made in the case of any widow under this subsection, the 4 Administrator shall, if practicable, pro rate on a monthly 5 basis any payments received by a widow on other than a 6 monthly basis. 7 "(3) The Administrator shall have authority to im8 plement the provision of this section by such regulations as 9 he deems necessary. 10 13 "(4) Notwithstanding the foregoing provisions of this 11 title, no widow made eligible for dependency and indemnity 12 compensation by reason of the second sentence of section 410 (a) of this title shall be paid dependency and indemnity compensation in any amount less than she would be paid 15 under section 541 of this Act if she were eligible for pension 16 under that section." 14 17 SEC. 3. The amendments made by this Act shall be 18 come effective on the first day of the second month follow19 ing the month in which this Act is enacted. [No. 16] COMMITTEE ON VETERANS' AFFAIRS, U.S. SENATE VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, DEAR MR. CHAIRMAN: We are pleased to respond to your request for a report on S. 110, 94th Congress. The purpose of the bill is to authorize payment of limited serviceconnected dependency and indemnity compensation benefits to the widow of a veteran who died of a non-service-connected cause, but was at the time of his death totally disabled as a result of one or more service-connected disabilities. In such cases the basic monthly DIC payment for widows would be reduced by an amount equal to one-half of other payments received by the particular widow excepting payments of the type excluded from annual income by 38 U.S.C. 415 (g) for purposes of determining entitlement of parents to DIC. S. 110 is identical with or similar to bills which have been introduced in the Congress over a number of years. A recent example is S. 3414, 93d Congress, an identical measure which was pending before your Committee at the close of that Congress. Non-service-connected death pension based upon need is payable by the Veterans' Administration to qualified widows and children of war veterans. In cases of service-connected deaths, dependency and indemnity compensation is payable to widows and children of veterans of war or peacetime service without regard to need and at higher rates than are generally applicable to pension in non-service-connected cases. Death pension is not payable to parents, but they may qualify for dependency and indemnity compensation for a service-connected death on the basis of income. Where service-connected disability is found to be the principal or contributory cause of death, such death is considered to be service connected. These determinations are made on a very equitable basis. For example, there are disabilities which by their very nature are so overwhelming that eventual death can be anticipated irrespective of coexisting conditions. Even though such disabilities are non-serviceconnected and the primary cause of death, consideration is given as to whether the coexisting service-connected conditions were of such severity as to have a material influence in accelerating death. Where death has been so accelerated it will be considered service connected. Under S. 110, certain non-service-connected deaths would be conclusively presumed service connected if, at the time of the veteran's death, he was totally disabled as a result of service-connected disability or disabilities. There is no provision concerning the length of time such 2 total disability must have been present and accidental death having no relation to the service-connected disability is not excluded as a qualifying death. The proposal would thus place the widows of certain veterans who die of a non-service-connected cause on a parity with the survivors of veterans who die of an actually service-connected cause. In the case of war service veterans, the bill would have the liberalizing effect of providing greater DIC benefits for some widows. who would otherwise only be entitled to non-service-connected pension, and for others whose income would bar payment of pension. In cases of veterans of peacetime service, the bill would provide basic eligibility for certain widows for monetary death benefits where none now exists. By presuming, contrary to fact, service connection as the cause of certain deaths, enactment of this bill would constitute a major departure from the policy of the Congress of maintaining separate systems of monetary benefits for death due to service and those not due to service. Its enactment would superimpose on the present pension program new non-service-connected death benefits possibly equivalent to the present service-connected benefits, and would result in new and highly discriminatory benefits for surviving widows of certain disabled veterans. Data are not available upon which to base an estimate of the cost of S. 110, if enacted. The Veterans' Administration believes that existing law and regulations provide equitable conditions for determining that death is service connected. Moreover, there is no justification for presuming a death to be service connected when the evidence does not support such a finding. For the foregoing reasons, the Veterans' Administration opposes enactment of S. 110. Advice has been received from the Office of Management and Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, RICHARD L. ROUDEBUSH, [No. 21] COMMITTEE ON VETERANS' AFFAIRS, U.S. SENATE EXECUTIVE OFFICE OF THE PRESIDENT, Hon. VANCE HARTKE, OFFICE OF MANAGEMENT AND BUDGET, Chairman, Committee on Veterans' Affairs, DEAR MR. CHAIRMAN: This is in response to your request of January 28, 1975 for the views of this Office on S. 110, a bill "To amend chapter 13 of title 38, United States Code, to make eligible for dependency and indemnity compensation widows of veterans who die of non-service-connected causes but who were at the time of death totally disabled as the result of one or more service-connected disabilities." In its report to your Committee on S. 110, the Veterans' Administration explains its reasons for recommending against favorable action on the bill. We concur in the views expressed in the report of the Veterans' Administration and, accordingly, recommend against the enactment of S. 110. Sincerely, JAMES M. FREY, Assistant Director for Legislative Reference. 94TH CONGRESS 1ST SESSION S. 770 IN THE SENATE OF THE UNITED STATES FEBRUARY 20, 1975 Mr. INOUYE introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the statutory rates for anatomical loss or loss of use. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That subsection (k) of section 314 of title 38, United States 4 Code, is amended by striking "$52" wherever it appears in 5 such subsection and inserting in lieu thereof "$80”. 54-676 753 |