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95TH CONGRESS 1ST SESSION

S. 379

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1977

Mr. WILLIAMS introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

A BILL

To amend section 360 of title 38, United States Code, to provide increased awards of service-connected compensation to certain veterans who have suffered the loss or loss of use of paired extremities.

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Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That section 360 of title 38, United States Code, is amended 4 to read as follows:

5 "§ 360. Special consideration for certain cases of blindness, bilateral kidney involvement, bilateral deafness,

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or loss or loss of use of paired extremities

"Where any veteran has suffered

"(1) blindness in one eye as a result of service

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connected disability and has suffered blindness in the

other eye as a result of non-service-connected disability not the result of his own willful misconduct,

“(2) has suffered the loss or loss of use of one kidney as a result of service-connected disability and has suffered severe involvement of the other kidney, such as to cause total disability, as a result of non-service-connected disability not the result of his own willful misconduct,

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'(3) has suffered total deafness in one ear as a result of service-connected disability and has suffered total deafness in the other ear as the result of non-serviceconnected disability not the result of his own willful misconduct, or

"(4) has suffered the loss or loss of use of one leg, foot, arm, or hand as a result of service-connected disability and has suffered the loss or loss of use of the other leg, foot, arm, or hand, such as to cause total disability, as a result of non-service-connected disability not the result of his own willful misconduct,

20 the Administrator shall assign and pay to the veteran con21 cerned the applicable rate of compensation under this chapter 22 as if the blindness in both eyes, bilateral kidney involvement, 23 total deafness in both ears, or loss or loss of use of paired 24 limbs, both feet, or both hands, as the case may be, were the 25 result of service-connected disability.".

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SEC. 2. The table of sections at the beginning of chapter

11 of title 38, United States Code, is amended by striking out

"360. Special consideration for certain cases of blindness or bilateral kidney involvement or bilateral deafness."

3 and inserting in lieu thereof

"360. Special consideration for certain cases of blindness, bilateral kidney involvement, bilateral deafness, or loss or loss of use of paired extremities.".

[No. 11]

COMMITTEE ON VETERANS' AFFAIRS, U.S. SENATE

VETERANS' ADMINISTRATION,

OFFICE OF THE ADMINISTRATOR OF VETERANS AFFAIRS,

Hon. WALTER F. MONDALE,
President of the Senate,
Washington, D.C.

Washington, D.C., April 18, 1977.

DEAR MR. PRESIDENT: Transmitted herewith is a draft bill, "To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans; to increase the rates of dependency and indemnity compensation for their surviving spouses and children; and for other purposes." It is requested that it be intro duced, and considered for enactment. This bill would implement a legislative proposal included in the fiscal year 1978 budget revisions submitted to Congress on February 22, 1977.

The measure, to be cited as the "Veterans Disability Compensation and Survivor Benefits Act of 1977," would accomplish the following purposes:

(a) Increase the monthly rates of service-connected disability compensation (but not certain statutory awards payable in addition to basic compensation rates and any higher statutory rates) payable to veterans, including the additional amount authorized for dependents;

(b) Increase the monthly rates of dependency and indemnity compensation (DIC) payable to surviving spouses and children of veterans whose deaths were service connected; and

(c) Increase the annual clothing allowance to certain veterans wearing or using a prosthetic or orthopedic appliance. The basic purpose of the disability compensation program (ch. 11, title 38, United States Code), throughout its history has been to provide relief for the impaired earning capacity of veterans disabled as the result of their military service. The amount payable varies according to the degree of disability which, in turn, is required by the law (38 U.S.C. 355) to represent, to the extent practicable, the average impairment in earning capacity resulting from such disability or combination of disabilities in civil occupations. Additonal compensaton for dependents is payable to any veteran entitled to basic compensa tion for disability rated at not less than 50 percent.

Under chapter 13 of the stated title 38, DIC payments are made to surviving spouses and certain parents and children of veterans who die of a service-connected cause. For surviving spouses, the monthly rates are geared to the pay grade of the deceased veteran, ranging from $260 for the surviving spouse of an E-1, to $664 for the surviving

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spouse of an O-10. The applicable surviving spouse's rate is increased by $31 for each child of the veteran under age 18. An additional amount of $78 is payable where the surviving spouse is (1) a patient in a pursing home, or (2) helpless or blind or so nearly helpless or blind as to need or require the regular aid and attendance of another person.

For children, where no surviving spouse is entitled, the monthly rates range from $131 for one child to $243 for three children (plus $49 for each additional child). In the case of certain children specified under 38 U.S.C. 414(a) who are permanently incapable of self-support, the applicable basic rate is increased by $78 for each child. Under 38 U.S.C. 414 (b) and (c), in cases wherein a surviving spouse is receiving benefits, monthly amounts of $131 and $67 are respectively paid separately to certain children of the veteran who are (1) permanently incapable of self-support, or (2) attending school between 18 and 23 years of age.

Title I of the draft bill relates to compensation payable to veterans for service-connected disabilities. Section 101 provides increases in the basic compensation rates of 4.9 percent. The additional amounts for dependents provided by 38 U.S.C. 315 in cases of veterans with serviceconnected disabilities of at least 50 percent would be increased approximately 4.9 percent by section 102 of the measure.

Title II of the draft bill is concerned with service-connected dependency and indemnity compensation (DIC) payable to the survivors of deceased veterans. Section 201 provides increases of 4.9 percent in the monthly benefits payable to surviving spouses. The new basic rates would range from $273 to $697, according to the pay grade of the deceased veteran. The additional amount for each child under 18 would be raised from $31 to $33; and the special rate for aid and attendance for a qualified surviving spouse would go from $78 to $82. Sections 202 and 203 would increase children's DIC rates by approximately 4.9 percent.

Section 301 (title III) would increase the amount of the annual clothing allowance provided by section 362 of title 38, United States Code, from $190 to $199 for a percentage increase of approximately 4.9 percent.

Section 302 (title III) specifies that the provisions of the measure shall take effect on October 1, 1977.

The needs of the disabled have been regularly recognized in the face of changing economic conditions. Since July 1952, there have been 12 compensation rate increases with the latest having become effective October 1, 1976. The surviving spouses and children of veterans who die of service-connected causes have not been neglected either. The rates of DIC payable to them have also been regularly increased, with the latest increase having become effective October 1, 1976.

It has been the policy of the Government to provide Veterans' Administration benefit increases for disability compensation and DIC programs periodically in order to insure that our programs remain responsive to changing economic conditions. Such increases have been related to overall Federal income policies. Accordingly, we support an

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