Service-connected Compensation

[H.R. 183, 89th Cong., 1st sess.]

A BILL To amend section 312 of title 38, United States Code, by providing a two-year presumptive period of service connection for the psychoses which develop within two years from the date of separation from active service

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 312 of title 38, United States Code, is amended by inserting immediately after subparagraph (5) thereof the following new subparagraph:

"(6) the psychoses developing a 10 per centum degree of disability or more within two years from the date of separation from such service;".

[H.R. 185, 89th Cong., 1st sess.]

A BILL To amend title 38 of the United States Code to provide that heart failure suffered by certain veterans who have lost one or both lower extremities shall be considered service connected

"(6) heart failure, if the veteran is entitled to compensation under this chapter for loss of one or both lower extremities;".

SEC. 2. The amendment made by the first section of this Act shall take effect on the first day of the calendar month which occurs more than sixty days after the date of enactment of this Act.

[H.R. 187, 89th Cong., 1st sess.]

A BILL To amend title 38 of the United States Code to provide an annual clothing allowance to certain veterans who, because of a service-connected disability, wear a prosthetic appliance or appliances which tends to wear out or tear their clothing

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following new section:

"§ 361. Clothing allowance

"The Administrator shall pay a clothing allowance of $300 per year to each veteran who, because of a disability which is compensable under the provisions of this chapter, wears a prosthetic appliance or appliances which the Administrator determines tends to wear out or tear the clothing of such veteran."

(b) The analysis of such chapter 11 is amended by adding at the end thereof the following:

"361. Clothing allowance."

[H.R. 188, 89th Cong., 1st sess.]

A BILL To amend title 38, United States Code, to provide that certain special hand or foot controls for automobiles shall be considered to be prosthetic appliances

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 of title 38, United States Code, is amended by adding at the end thereof the following:

"(29) The term 'prosthetic appliance' includes special hand or foot controls for automobiles which are necessary for the control thereof by any veteran who has suffered the anatomical loss or loss of use of a hand or a foot."

SEC. 2. Section 601 (6) of the title 38, United States Code, is amended by inserting immediately before "special clothing" the following: "prosthetic appliances,".

[H.R. 189, 89th Cong., 1st sess.]

A BILL To amend title 38 of the United States Code in order to increase the income limitations applicable to parents of deceased veterans who are eligible to receive dependency and indemnity compensation

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the table in section 415 (b) of title 38, United States Code, is amended to appear as follows:

(b) The table in section 415 (c) of title 38, United States Code, is amended to appear as follows:

SEC. 2. The amendments made by the first section of this Act shall take effect on January 1, 1966.

[H.R. 204, 89th Cong., 1st sess.]

A BILL To amend section 101 of title 38 of the United States Code to permit the children of certain veterans to receive education or training until attaining the age of twentythree

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101(4) (C) of title 38, United States Code, is amended by striking out "twenty-one years" and inserting in lieu thereof "twenty-three years".

SEC. 2. The amendment made by the first section of this Act shall only apply to persons who are receiving education or training under title 38, United States Code, on the date of enactment of this Act, or begin any such education or training after the date of enactment of this Act.

[H.R. 210, 89th Cong., 1st sess.]

A BILL To clarify the application of certain provisions of section 110 of title 38 of the United States Code

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of section 110 of title 38, United States Code, shall be effective beginning with July 1, 1959, and any person who on or after such date had been continuously rated for disability compensation purposes under laws administered by the Veterans' Administration at or above any percentage for a period of twenty or more years and who on or after July 1, 1959, and before August 19, 1964, was rated at less than such percentage or was determined not to be disabled for such purposes, shall (as of the date on which such lesser percentage or such determination became effective) be considered for compensation purposes under title 38, United States Code, to be disabled at the highest percentage rating continuously in effect with respect to him during such period, and such rating shall not be decreased after the date of enactment of this Act, except upon a showing that such rating was based on fraud.

[H.R. 217, 89th Cong., 1st sess.]

A BILL To liberalize the provisions of title 38, United States Code, relating to automobiles for disabled veterans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1901 of title 38, United States Code, is amended

(1) By striking out clause (3) in subsection (a) and inserting in lieu thereof the following:

"(3) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or center visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye;

and for each veteran who is suffering from any of the disabilities described in clauses (1), (2), and (3) above as the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service during the induction period, if the injury was incurred or the disease was contracted in line of duty (1) as a direct result of armed conflict, or (2) while the veteran was engaged in extrahazardous service (including such service under conditions simulating war).”

(2) By amending subsection (b) to read as follows: "(b) For the purposes of this section

"(1) the term 'World War II' includes, in the case of any veteran, any period of continuous service performed by him after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947; and

"(2) the term 'induction period' means the period beginning on February 1, 1955, and ending on the day before the first day thereafter on which individuals (other than individuals liable for induction by reason of a prior deferment) are no longer liable for induction for training and service into the Armed Forces under the Universal Military Training and Service Act."

SEC. 2. (a) Section 1905 of title 38, United States Code, is repealed.

(b) The analysis of chapter 39 of title 38, United States Code, is amended by striking out

"1905. Applications."

[H.R. 229, 89th Cong., 1st sess.]

A BILL To amend section 1901 (a) of title 38, United States Code, to make certain veterans of World War I eligible for the automobile assistance allowance provided for certain veterans of World War II and the Korean conflict

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1901 (a) of title 38, United States Code, is amended by inserting immediately before "World War II or the Korean conflict" the following: "World War I,”.

[H.R. 230, 89th Cong., 1st sess.]

A BILL To amend section 311 of title 38, United States Code, so as to provide a stronger presumption of soundness under certain conditions in wartime cases

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 311 of title 38, United States Code, is amended by substituting a colon for the period at the end thereof and adding the following: "Provided, That any disability diagnosed during a period of war after continuous service of ninety days shall be presumed to have been incurred in military service unless it is established by affirmative evidence that the disability existed prior to enlistment and was not aggravated beyond the normal progress of the disease."

[H.R. 231, 89th Cong., 1st sess.]

A BILL To amend sections 210(c) and 355 of title 38, Unitted States Code, to rescind as of January 1, 1957, the changes made in the Veterans' Administration Schedule for Rating Disabilities, 1945 edition, and the extensions thereto, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 210(c) of title 38, United States Code, is amended to read as follows:

"(c) Except to the extent inconsistent with the provisions of section 355 of this title, the Administrator has authority to make all rules and regulations which are necessary or appropriate to carry out the laws administered by the Veterans' Administration and are consistent therewith, including regulations with respect to the nature and extent of proofs and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws, the forms of application by claimants under such laws, the methods of making investigations and medical examinations, and the manner and form of adjudications and awards."

SEC. 2. Section 355 of title 38, United States Code, is amended to read as follows:

" 355. Authority for schedule for rating disabilities

"The Administrator is authorized and directed to apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The Veterans' Administration Schedule for Rating Disabilities, 1945 edition, including all extensions thereto, which schedule is so constructed as to provide ten grades of disability upon which payments of compensation shall be based, is hereby rescinded as to its instructions, expressed policies, terms, evaluations, and all other data contained therein, effective as of January 1, 1957, and no additions, either express or implied; deletions; changes; modifications or other alterations in the aforesaid schedule, by whatever source proposed, will be effective subsequent to January 1, 1957, until and unless approved by the Congress and enacted into law."

SEC. 3. Nothing contained in the amendments made by this Act shall be deemed to repeal or modify in any way the authority now vested in the Administrator of Veterans' Affairs or his designee to authorize administratively ratings in excess of the schedular evaluations when it is determined by him or his designee that the Veterans' Administration Schedule for Rating Disabilities, 1945 edition, and/or its extensions, are inadequate in their application to the facts in an individual case.

[H.R. 233, 89th Cong., 1st sess.]

A BILL To amend title 38 of the United States Code so as to conform the method of computing the income of parents of certain veterans under that title

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 415 (g) (1) of title 38, United States Code, is amended to read as follows:

"(1) In determining income for the purposes of this section, the Administrator shall disregard all amounts not included as income for the purpose of determining income under section 102 (a) of this title."

SEC. 2. The amendment made by this Act shall take effect on January 1, next succeeding the date of enactment of this Act.

[H.R. 239, 89th Cong., 1st sess.]

A BILL To amend section 610 of title 38, United States Code, to provide that certain veterans shall be furnished hospital care without regard to administrative limitations

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 610 (a) of title 38, United States Code, is amended by adding at the end thereof the following: "Where any veteran described in paragraph (1), (2), or (3) of this subsection furnishes the Administrator statements from three doctors stating in substance that the veteran needs hospital care, the Administrator shall furnish hospital care to such veteran."

[H.R. 240, 89th Cong., 1st sess.1

A BILL To amend section 402 of the Veterans' Benefits Act of 1957 with respect to determinations of permanent and total disability

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 402(a) of the Veterans' Benefits Act of 1957 (38 U.S.C. 2402(a)) is amended by inserting immediately below subparagraph (2) the following: "In determining whether or not an individual is permanently and totally disabled, if competent medical evidence is presented to the Administrator to the effect that such individual in fact is so totally and permanently disabled, then the Administrator shall not consider the employment status of such individual in determining whether or not he is so disabled."

[H.R. 1027, 89th Cong., 1st sess.]

A BILL To amend title 38 of the United States Code to provide that certain veterans who were prisoners of war shall be deemed to have a service-connected disability of 50 per centum

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following new section:

"S 361. Disability rating for certain former prisoners of war

"Any veteran who was a prisoner of war for thirty-six months or more shall, for the purpose of this title, be deemed to have a service-connected disability rating of 50 per centum. For the purpose of this section, the term 'prisoner of war' means any veterans who while on active duty was held as a prisoner of war for more than thirty-six months during World War II or the Korean conflict."

(b) The table of sections of chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following:

"361. Disability rating for certain former prisoners of war."

SEC. 2. The amendments made by this Act shall take effect on the first day of the calendar month which occurs more than sixty days after the date of enactment of this Act.

46-011-65-2

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Service-connected Compensation: Hearings Before the Subcommittee on ...