officers are as smart and infallible. I know two of the organizations above mentioned were formed because of lack of sensitivity to the cause of certain veterans. Veterans with severe chronic disability and POW's. Mr. Cranston, in reading the statement by Ron Bitzer, Center for Veterans' Rights, the inmate committee of higher education in Soledad Prison and American Legion post 526, I cannot help but note that four out of the five persons who have appeared before you or written as I have, are strongly for the passage of a bill of this nature. I personally can attest to the prejudicial attitude of most American Legion service officers toward veterans with less than honorable discharges when their only crime after serving well for years was finally getting up sufficient anger to punch a commissioned officer and probably because he damned well deserved it. I know that the quality of veterans' organizations representations at the Long Beach VA Hospital has traditionally been of very poor quality. That was one place where the undersigned walked out on every service officer in the place. There are two reasons why Mr. Bitzer's statement about the traditional veterans organization is true. They simply cannot rock the boat too much or they will be arbitrarily denied the right to represent the veterans by the VA. I have observed this happen too. Alleged service to the veterans is the only way that any veterans organization builds its power. Few join anymore just to be joining, they join when they give their claim to a particular organization. A local organization is hard put to get 5 percent of their members out in a single year let alone each meeting. Senator Cranston don't allow the major veterans' organizations to lead you into believing that we hold any real political power; the veterans like the unions have the potential power, if they could be organized into a unit; however, I don't see that happening in the near future. Not even in one local organization. If congress feels that all veterans should remain second class citizens then don't pass this bill. If the congress feels that veterans benefits are gratuities and not a legal right, and that the VA has the right to step on the veterans much the same manner as their cavalier treatment of the colleges and veteran students: don't pass this bill. If you believe that the lame excuses given by the VFW and the American Legion representatives as against the very strong arguments made by the several other persons for the passage of this bill, then don't pass it. One more point, there are in the United States about 30 million veterans, but less than 75,000 belong to the VFW, the American Legion can barely claim a million, and the DAV just over 500,000 but growing. This year for the first time we are over 2 million; however, this chapter has almost doubled in size. I'll have to say this, that if any veterans' organization service officer brash enough to come out publicly for this bill would very probably be denied the right to work in a VA Regional office. Senator Cranston, I believe that I have successfully refuted the Arguments presented by the American Legion and the Veterans Of Foreign Wars, the great organizations that they are in this matter they are wrong and I don't believe that they actually represent the majority of members. Just the small group whose jobs might be threatened if this bill were to pass. The following has been approved by the American Association of Arthritic Veterans Association through correspondence with each member and in a meeting assembled by the International Veterans Association: An amendment to section 211a, title 38, United States Code. Delete in its entirety every word following "survivors," and insert the following: The Attorney General, under title V, sections V and 7, shall set up special Veterans Appeals Courts outside the jurisdiction of the Veterans' Administration to hear cases of veterans and others who feel that they have been administratively wronged or denied benefits due to obsolete segments of title 38 that are based on medical information clearly out of date by recent medical knowledge. The Attorney General will provide the veteran with a legal-medical team counsel (attorney and medical specialist in the field of the veterans disability or diseases) all legal fees to be charged to the Veterans' Administration or the Department of Justice. To provide sufficient legal and medical information for the veterans disease or disability no less than three service connected veterans with the same disease will be interviewed along with the veteran to establish past history of the health of each of the service connected persons as well as the veteran. Each doctor will further be furnished the latest medical knowledge and research to compare with the veterans symptoms. Regardless of what is in the records of the claimant, if the veterans symptoms have existed for sufficient number of years prior to or immediately after discharge in comparison with the case histories of the three veterans already service connected and the findings of all three doctors who examine all four veterans findings are essentially the same, the claimant shall be considered as service connected and the judge of the court shall instruct the VA to rate the man back to discharge. If there is in reasonable doubt the case shall be resolved in favor of the veteran claimant. Nothing in this bill shall preclude the veteran from reopening his claim with new and substantial evidence or from carrying his case to the Supreme Court. The legal-medical team working for the veteran will be given every courtesy of the Veterans' Administration and they shall see that all the medical evidence available is in the case prior to going to court. The Judge in each case shall specifically instruct the Veterans' Administration or the Judicial Department to pay all legal fees and court costs. Fees for representing the veteran shall be set by the court on an hourly basis and the legal-medical representatives must account for the exact time spent in working for the veteran. At the normal hourly rate paid in the region wherein the court is held. Senator Cranston, this finishes my rebuttal to the reasons set forth by the American Legion, Veterans of Foreign Wars, and to some extent the DAV representatives. As noted there is very little evidence in the opinion of the DAV Representative and myself. The enclosed newspaper clipping is a very good example of the type of claim that in my opinion would be denied under the law as written today. Since the undersigned has had rheumatic fever, rheumatoid arthritis, and rheumatoid arthritis of the spine and also suffers from similar symptoms of that Sjogrens disease. Too little attention has been paid to the causes of arthritis, rheumatoid, or otherwise especially by the rating board. I had hope that I would see a study ordered by your committee concerning the diseases that appear to cause arthritis, and the diseases that are caused by rheumatoid arthritis or more correctly rheumatoid condritis. The rheumatoid diseases include the heart, lungs, kidneys, liver, bones, skin, and other connective tissue as well as the major blood vessels. It is my opinion that this bill will do much to help change the law in regards to rheumatoid diseases. Especially where pain is not taken into consideration as a part of the rheumatoid disability. Yet it is the main source of reason for loss of work. Senator Cranston, I hope that this contribution to your committee will be of some value to your decisions. Please excuse my typing. I do not have a paid stenographer. I have to do the best I can. Respectfully, JOHN EDGAR WILLIAMS, Jr. DISABLED AMERICAN VETERANS, A Resolution Submitted to the Disabled American Veterans, Department of California, Assembled in 56th Annual Convention, June 8-12, 1977, Oakland, Calif., by the Above Named Chapter RESOLUTION Whereas, the Tri-Cities Chapter 95 in regular meeting assembled on May 18, 1977 discussed and approved a motion to submit the attached Bill of Rights for Disabled Veterans and others; and Whereas, this bill of rights declares and reaffirms certain basic rights of the handicapped Disabled Veterans and others concerning the communication and free flow of information of interest to all veterans, senior citizens and civilian handicapped persons; and Whereas, the present ever rising economy has for many persons precluded their communication with Government offices, their elected representatives and to a great extent affected the free flow of information from the official organs of the organizations to which they belong; and, Whereas, Federal law, especially title 38, State and local laws have been placed in effect or neglected so that the disabled American veteran, handicapped person, and senior citizens have been adversely affected in almost every facet of life; and, Whereas, many seriously handicapped veterans have been denied some of the basic rights guaranteed by the 1st and 4th amendments to the Constitution and even denied certain human rights and fundamental freedoms accorded every human under the Helsinki Pact signed by both the United States and Russia and five other great nations wherein it is pledged that each nation shall support the human rights of all people; and, Whereas, the Veterans' Administration under section 211, chapter 2, title 38, United States Code denies these basic human rights to the American veterans as well as the disabled American veterans, let it be ; Resolved, That the Department of California in Convention at Oakland Calif., June 8-12 be petitioned to adopt a convention mandate to adopt the attached "Bill of Rights for Disabled Veterans and Others" to take to the 1977 National Convention. Adopted: This 18th day of May, 1977, by Tri-Cities Chapter 95, Disabled American Veterans in regular meeting. JOHN EDGAR WILLIAMS, Jr., Attest: MORTON KUDEBER, DISABLED AMERICAN VETERANS, A BILL OF RIGHTS DISABLED VETERANS AND OTHERS 1. Direct telephone communication from any telephone exchange in the United States for all people to all Government offices, their elected representatives, and all departments of the Veterans' Administration nearest their home. 2. Direct free mailing privileges to all people to their elected representatives, to all Government offices at each level of government, and such organizations that represent the veteran, senior citizens, and handicapped persons. 3. That the official organ of all local, district, state or department, and national magazines whose basic purpose is to keep their membership notified of important changes in law and government policy shall be shipped free by the U.S. Post Office. 4. All persons that are rated as permanently and totally disabled by any branch of Government, shall be so considered by all branches of Government including the Veterans' Administration. 5. The U.S. Post Office shall allow all persons so rated to send mail to any destination by signing their Social Security Number. 6. Social Security, Railroad Retirement, Civil, Service annuity, fireman and police pensions and civil service pensions by local government, and state government and any pension to which the veteran or social security recipient shall not be considered as income for veterans' benefits or for social security. 7. When a veteran has exercised all his opportunities to get a compensation or pension he shall be able to take his case to court under title 5, section 5, the United States Code as provided in S-364, HR-4395, HR-200, and HR 6521. 8. All veterans shall receive compensation in direct relation to that granted a 100 percent disabled veteran when rated from 10 percent to 90 percent and shall be paid family allowance in direct relation to their percent of disability. 9. All retiring service men shall be ordered directly to the Veterans Administration prior to release from active service to determine the exact physical condition at discharge and a complete medical history shall be provided the VA prior to the date of discharge or release of the service man. 10. All Ex-POW's shall be granted 50 percent disability in the future and considered as service connected for all conditions appearing within 10 years after discharge, and provided further, that all conditions shall be treated as service connected. 11. Where a veterans records have been lost, destroyed by fire, or deliberately destroyed to keep them out of enemy hands all the veterans claims shall be considered as service connected by his personal sworn affidavit provided he can name names of three or more officers and non-commissioned officers with whom he served. This shall also include the records of hospital men, members of the nurses and medical corps, ships to which no doctor was assigned and members of air craft crews and submarines where record keeping was notably lax. 12. Where there is often extra compensation paid over and above the percent of disability drawn by a veteran for loss of use on any joint or loss of a part of the body, loss of use shall also be provided for the loss of use of each or all major sections of spine and rated under (k) thru (s) and where the spinal condition involves hips, or shoulder or both, is fixed at an unfavorable angle interfering with the sight and hearing and/or jaws he shall be granted the highest VA Rating including aid and attendant if need and if not he shall be considered at the very least as house bound. Adopted this 18 Day of May 1977, by Tri-Cities Chapter 95, Disabled American Veterans in Regular Meeting. JOHN EDGAR WILLIAMS, Commander. Attested: MORTON KUDEBEH, Adjutant. VA ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW ACT THURSDAY, AUGUST 25, 1977 U.S. SENATE, COMMITTEE ON VETERANS' AFFAIRS, Pensacola, Fla. The hearing was convened, pursuant to notice, at 9 a.m., in the John C. Pace Library Auditorium, University of West Florida, Pensacola, Fla., Hon. Richard (Dick) Stone, presiding. OPENING STATEMENT OF HON. RICHARD (DICK) STONE, ACTING CHAIRMAN OF THE SENATE COMMITTEE ON VETERANS' AFFAIRS Senator STONE. Good morning ladies and gentlemen. My name is Richard Stone. I am a Senator and a member of the Senate Veterans' Affairs Committee. This is a hearing conducted and convened by the Senate Veterans' Affairs Committee. I want to welcome you all to the campus of the University of West Florida in Pensacola, Fla. At the very outset, I want to express my thanks, and I am sure yours, to Dr. Robinson, the president of this great university, Capt. John Haney, the vice-president for public relations, and all of the officials of this university for their kindness in allowing us the opportunity to hold this hearing here this morning in the John C. Pace Library and for their efforts in assisting us to make the necessary arrangements. I greatly appreciate your help and your kindness. I think it is appropriate that today's hearing is being held in a center of learning, for two reasons. The Veterans' Administration has the responsibility for the largest postsecondary education assistance program in the Nation, the GI Bill, and public hearings of this nature constitute one of the primary methods by which Members of Congress are educated on matters of concern. Today, the committee will hear testimony on S. 364, the Veterans' Administration Administrative Procedure and Judicial Review Act. I am pleased and privileged that our chairman, the distinguished Senator Alan Cranston of California, has given us this opportunity to have hearings in my home State of Florida in order to consider the important issues raised by S. 364. You have to bear in mind that it is not only one issue we are considering; it is all issues that the bill raises. This bill would provide for judicial review of final decisions made by the Administrator of Veterans' Affairs. In addition, it would require that all rules, regulations, orders and any other determinations of any kind made by the Administrator, would be subject to the Administrative Procedures Act. |