e table in subsection (d) of section 415 of title 38, United States Code, ed to read as follows: The dependency and indemnity compensation payable pursuant to the ents made by this Act shall be payable beginning with the first day of the lendar month which begins after the date of enactment of this Act. [H.R. 7851, 89th Cong., 1st sess.] 'o equalize the rates of disability compensation payable to veterans of peacetime and wartime service nacted by the Senate and House of Representatives of the United States ca in Congress assembled, That (a) section 334 of title 38, United States mended by striking out "equal" and all that follows down through the eof and inserting in lieu thereof "that specified in section 314 of this ection 335 of such title is amended by striking out "equal" and all that lown through the end thereof and inserting in lieu thereof "as provided 315 of this title, and subject to the limitations thereof." -ction 336 of such title is hereby repealed. The analysis of subchapter IV of chapter 11 of title 38, United States mended by striking the following: ditions under which wartime rates are payable." The amendments made by this Act shall take effect on the first day of d month which begins after the date of its enactment. [H.R. 7852, 89th Cong., 1st sess.] o authorize the Administrator of Veterans' Affairs to furnish assistance to certain veterans of the induction period in the purchase of an automobile or other nce enacted by the Senate and House of Representatives of the United America in Congress assembled, That section 1901 of title 38, United de, is amended by redesignating subsection (b) as subsection (c), and after subsection (a) the following new subsection (b): b) The benefits of this chapter shall also be made available to each an who is suffering from any disability described in clause (1) of ction (a), if such disability is the result of an injury incurred or discontracted in or aggravated by active military, naval, or air service g the induction period (as defined in section 1701 (a) (9) (B) of this and if the injury was incurred or the disease was contracted in line ty (1) as a direct result of armed conflict, or (2) while the veteran engaged in extra-hazardous service (including such service under tions simulating war)." SEC. 2. Section 1905 of title 38, United States Code, is amended (1) by striking out at the beginning of the first sentence thereof "The benefits", and inserting in lieu thereof "(a) Except as provided in subsection (b) of this section, the benefits"; and (2) by adding at the end thereof a new subsection as follows: "(b) In the case of any veteran who suffered any disability specified in clause (1) of section 1901 (a) of this title as the result of service during the induction period and who was discharged or released from active military, naval, or air service before the date of enactment of this subsection, any applicable time limitation contained in subsection (a) of this section which otherwise would have begun to run before the date of enactment of this subsection shall not begin to run until that date." Hon. OLIN E. TEAGUE, VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR of VETERANS' AFFAIRS, Chairman, Committee on Veterans' Affairs, DEAR MR. CHAIRMAN: We are pleased to furnish the following comments in response to your request for a report on H.R. 188, 89th Congress. The bill, if enacted, would add to the general definitions in section 101 of title 38, United States Code, a new subdivision (29) reading as follows: "(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." The bill would also amend section 601 (6) of title 38, United States Code, to include "prosthetic appliances" within the term "medical services." It is apparent that the essential purpose of the bill is to authorize the furnishing of hand and foot controls for automobiles as a function of our hospital and medical program for veterans. At the present time, there is no definition given in title 38, United States Code, for the term "prosthetic appliance," although the term is used in certain provisions of the title. For example, section 613 provides for fitting and training in the use of a prosthetic appliance by a veteran entitled to such an appliance; section 1506 refers to "prosthesis" to be furnished in connection with the medical care of veterans receiving vocational rehabilitation; section 5013 authorizes procurement of prosthetic appliances by the Administrator; section 216 provides for research in the field of prosthetic appliances; and section 109 dealing with benefits for allied veterans includes a reference to prosthetic appliances. The Chief Medical Director has advised me that special hand and foot controls for automobiles do not come within the accepted definition of a "prosthetic appliance" as that term is generally understood in the medical profession and in our Department of Medicine and Surgery. It is his view, in which I concur, that it would be inappropriate to provide these appliances to disabled veterans on the theory that they constitute an extension of their medical care and treatment. Because of the indefinite factors involved it is not feasible to attempt an estimate of the cost effects of this bill, if enacted. For the reasons stated, I am unable to recommend favorable consideration of this bill by your committee. We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely, W. J. DRIVER, Administrator. VETERANS' ADMINISTRATION, Washington, D.C., March 9, 1965. OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Hon. OLIN E. TEAGUE, Chairman, Committee on Veterans' Affairs, DEAR MR. CHAIRMAN: The following comments are submitted on H.R. 1027, 89th Congress, as requested. The bill proposes for purposes of title 38, United States Code, to deem any veteran who was held as a prisoner of war for more than 36 months during World War II or the Korean conflict to have a service-connected disability rating of 50 percent. The language used in H.R. 1027 is ambiguous. A literal interpretation of the bill would require assigning to those former prisoners of war within its scope "a service-connected disability rating of 50 per centum," even though they are currently entitled to greater disability evaluations under the provisions of the Veterans' Administration schedule for rating disabilities. We feel sure that it is not intended that any disability ratings presently assigned to veterans are to be reduced if the bill is enacted. Accordingly, a minimum rating in such cases is probably intended. On the other hand, it is possible that the mesaure is designed to grant an additional 50 percent rating to those veterans who meet its criteria. Under existing law (38 U.S.C. 355) the Administrator of Veterans' Affairs is required to adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combinations of injuries. The law provides that the ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. Under existing Veterans' Administration procedures for evaluating the disability resulting from injuries and diseases, the ratings assigned to disabled veteransincluding former prisoners of war-are based on the extent or severity of the disabling manifestations in the individual case. However, former prisoners of war are given special consideration under the laws administered by the Veterans' Administration, and our regulations and directives also contain liberal provisions with respect to the claim of any such person for disability compensation or other benefits based on service-incurred or aggravated disability. Section 354(a) of title 38, United States Code, requires that in the adjudication of service connection for any disability due consideration will be given to the places, types, and circumstances of service. Section 354 (b) provides liberalized criteria for determining service connection of any disease or injury for those veterans who engaged in combat with the enemy. Veterans' Administration regulations emphasizing the liberality which is accorded prisoner of war cases include, for example, a provision that the development of symptomatic manifestations of a preexisting injury or disease during or closely following a status as a prisoner of war will establish arrgavation. Physical examinations of former prisoners of war are conducted with particular thoroughness and all disabilities common to prisoners of war are searched for even when they are not complained of. Further, existing instructions provide that in the evaluation of disabilities resulting from or incident to military service great weight must be assigned to imprisonment or internment under unsanitary conditions or to food deprivation in the service connection of dysentery and other gastrointestinal diseases. All of these considerations permit the Veterans' Administration to reach an equitable decision on the basis of the facts of each individual case, with any reasonable doubts being resolved in favor of the former prisoner of war. The bill would create an exception to the mentioned statutory requirement that ratings should be based, as far as practicable, on impairment of earning capacity. It would be discriminatory against all other veterans whose disabilities are rated in accordance with that concept and particularly against those veterans who were prisoners of war for 36 months or less but whose sufferings and deprivations were equal to or greater those of the veterans coming within the bill's purview. Prisoners of war during World War II were granted $1 per day compensation for failure of the enemy to provide food of the quality and quantity provided by the Geneva Convention of 1929 and $1.50 per day compensation for being forced to perform labor or being subjected to inhumane treatment in violation of the Geneva Convention (Public Law 596, 80th Cong., as amended). Prisoners of war during the Korean conflict received similar benefits under Public Law 615, 83d Congress. These grants were not considered duplication of payment, and were in addition to any other benefits payable by reason of active service. The Veterans' Administration believes that special consideration should be given to former prisoners of war and strives to assure that they will receive compensation and other benefits in full measure under existing law. However, we do not think the fact that a veteran was a prisoner of war for 3 years, standing alone, justifies a guaranteed disability rating of 50 percent which would be compensable under current rates at $107 per month for the balance of his lifetime. Since there are no meaningful data available that will permit us to identify those veterans who would benefit from this bill if enacted, we are unable to furnish any estimate of the cost of the measure. For the reasons indicated above and since we believe that liberal treatment is already accorded former prisoners of war under existing laws and procedures, the Veterans' Administration recommends that H.R. 1027 be not favorably considered by your committee. Advice has been received from the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely, Hon. OLIN E. TEAGUE, W. J. DRIVER, Administrator. VETERANS' ADMINISTRATION, Washington, D.C., March 9, 1965. OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Chairman, Committee on Veterans' Affairs, DEAR MR. CHAIRMAN: The following comments are furnished in response to your request for a report by the Veterans' Administration on H.R. 2582 and H.R. 2845, 89th Congress. These proposals, which are identical, would name the Veterans' Administration hospital at Bedford, Mass., in honor of Mrs. Edith Nourse Rogers. Mrs. Rogers was elected to the 69th Congress on June 30, 1925, at a special election to fill a vacancy caused by the death of her husband and was reelected by large majorities to the 70th and all succeeding Congresses through the 86th. As your committee already knows, she served in Congress with distinction, including service as chairman of this committee. She had a deep and abiding interest in the welfare of our veterans. Mrs. Rogers died September 10, 1960. It is the practice of the Veterans' Administration to name its hospitals for the locality in which each is located and not for individuals. This longstanding policy was adopted after considering suggestions that the hospitals be named for individuals sought to be honored. It was realized that a fair basis of selection would be difficult, that controversy would result, and that persons or organizations whose candidates were not chosen would be disappointed. It is our understanding that Mrs. Rogers was of the view that this administrative policy was sound. Hospitals named by Congress, of course, are not subject to this administrative policy and two have been so named. They are the Royal C. Johnson Veterans' Memorial Hospital and the Franklin Delano Roosevelt Hospital, both of which were named by public laws enacted in 1945. Mrs. Rogers spent a great part of her time working in behalf of veterans, and it is understandable that consideration should be given to naming a hospital in her honor. We feel, however, that determination of whether legislation of this kind should be enacted is peculiarly for your committee and the Congress. We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely, W. J. DRIVER, Administrator. VETERANS' ADMINISTRATION, Hon. OLIN E. TEAGUE, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Chairman, Committee on Veterans' Affairs, DEAR MR. CHAIRMAN: The following comments are submitted on H.R. 3408, 89th Congress. The bill proposes to extend from 3 to 6 years from the date of separation from active wartime service the period during which presumptive service connection may be granted for active tuberculosis disease in the case of any veteran who was held as a prisoner of war while in such active service. With respect to veterans who have served at least 90 days during a period of war, existing law (38 U.S.C. 312) provides that active tuberculosis disease becoming manifest to a degree of 10 percent or more within 3 years from the date of separation from such service shall be considered to have been incurred in or aggravated by service. In addition, the Veterans' Administration has by regulation adopted the rule that, in determining service connection, active pulmonary tuberculosis which is first diagnosed by approved methods after discharge from service will be held to have preexisted the diagnosis 6 months in minimal cases, 9 months in moderately advanced cases, and 12 months in far advanced cases. The result is that veterans of wartime service (including former prisoners of war) may be granted service connection for tuberculosis first diagnosed as long as 4 years after discharge from service, in the absence of affirmative evidence establishing that the infection was due to causes not associated with service. Further, 38 U.S.C. 313 permits the grant of service connection for any disease or disorder, including tuberculosis, regardless of the period of time involved and whether or not the veteran concerned was held as a prisoner of war where, in sound medical judgment, the disease or disorder can be said to have been incurred in or aggravated by military service. Former prisoners of war suffering from service-connected disabilities are entitled under existing law to payments of disability compensation and other benefits under criteria applicable to war veterans generally. In addition, former prisoners of war are given special consideration under the laws administered by the Veterans' Administration and our regulations and directives also contain liberal provisions with respect to the claim of any such person for disability compensation, or other benefits, based on service-incurred or aggravated disability. Section 354 (a) of title 38, United States Code, requires that in the adjudication of service connection for any disability due consideration will be given to the places, types, and circumstances of service. Section 354(b) provides liberalized criteria for determining service connection of any disease or injury for those veterans who engaged in combat with the enemy. Veterans' Administration regulations emphasizing the liberality which is accorded prisoner-of-war cases include, for example, a provision that the development of symptomatic manifestations of a preexisting injury or disease during or closely following a status as a prisoner of war will establish aggravation. Also, physical examinations of former prisoners of war are conducted with particular thoroughness. On the basis of the views and experience of those members of the medical profession who specialize in the control and treatment of tuberculosis, it appears that there is no justification for the theorem of a long interval between infection and detection of the disease. Following World War II the Veterans' Administration was unable to study, over a period of 6 years, a substantial number of former prisoners of war who had been interned under conditions which were ideal for the development of tuberculosis. This study showed that as to the majority of veterans who developed tuberculosis following service the disease was discovered by the first or second X-ray taken at 1-year intervals after the initial negative film taken soon after release. It seems clear from the available data and experience that rapid activation and early detection would be the normal course of tuberculosis which may have been contracted in a prisoner-of-war camp. In other words, with the privations of internment and the resulting reduction of general vigor it is reasonable to expect an accelerated activation of the disease in comparison with that occuring in the average civilian population, where an incubation period does not ordinarily exceed 2 or at most 3 years. It is the view of the Veterans' Administration that the existing presumptive period and the other provisions of law and regulations relating to tuberculosis are liberal and that they are quite adequate to identify all prisoners of war who may have developed tuberculosis as a result of their military service. Although we feel that special consideration should be given to former prisoners of war and we strive to assure that they receive disability compensation and other benefits in full measure under existing law-we do not think that the fact that a veteran was a prisoner of war justifies establishing a presumption of the type proposed by H.R. 3408 for which there is no scientific or medical basis. There are no data readily available to permit indentification of veterans who might benefit from the proposal, if enacted. Accordingly, we are unable to furnish an estimate of the cost of H.R. 3408. However, in view of the liberal treatment accorded prisoner-of-war cases under existing law and instructions it is believed that the bill would not affect any large number. |