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VA ADMINISTRATIVE PROCEDURE AND

JUDICIAL REVIEW ACT

HEARINGS

BEFORE THE

COMMITTEE ON VETERANS' AFFAIRS

UNITED STATES SENATE

NINETY-FIFTH CONGRESS

FIRST SESSION

ON

S. 364 and Related Bills

JUNE 3, SAN FRANCISCO, CALIF.; AUGUST 25, PENSACOLA, FLA.; AUGUST 31, COLUMBIA, S.C.; AND SEPTEMBER 21 AND OCTOBER 10, 1977, WASHINGTON, D.C.

Printed for the use of the Committee on Veterans' Affairs

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1977

93–774 O

COMMITTEE ON VETERANS' AFFAIRS

ALAN CRANSTON, California, Chairman HERMAN E. TALMADGE, Georgia

ROBERT T. STAFFORD, Vermont JENNINGS RANDOLPH, West Virginia STROM THURMOND, South Carolina RICHARD (DICK) STONE, Florida

CLIFFORD P. HANSEN, Wyoming JOHN A. DURKIN, New Hampshire SPARK M. MATSUNAGA, Hawaii

(II)

CONTENTS

6

36

FRIDAY, JUNE 3, 1977

Opening statement of Hon. Alan Cranston, chairman of the Senate Com-

mittee on Veterans' Affairs..

Bill S. 364, as referred to the Committee on Veterans Affairs:

Text of.

Agency report of the Veterans' Administration (No. 60, October 7,

1977).

Bill S. 2263, as referred to the Committee on Veterans Affairs.

Testimony of-

Harvey Levin, member of the special committee on Federal limita-

tions on attorneys' fees, American Bar Association..

George A. Sears, representative of the State Bar of California --

Panel consisting of representatives from veterans' organizations in

the State of California: Merc Maran, past department commander,

Disabled American Veterans; Al Krank, department service officer,

The American Legion; and Edwin Myers, legislative chairman,

Veterans of Foreign Wars---

Lloyd E. Messersmith, as given by William D. Plosser, associate

director, programs and planning, California Community and Junior

College Association, accompanied by Paul J. Mason, deputy county

counsel, county of Santa Clara; Dr. John C. Petersen, president,

Skyline College, San Bruno; Gary M. Gallery, legal counsel, Cali-

fornia Community College Chancellor's office

Panel consisting of representatives from the Center of Veterans'

Rights and Swords to Plowshares: Martha L. Caron, staff attorney,

Swords to Plowshares; Susan Bailey, attorney for Swords to Plow-

shares; and Ron Bitzer, counselor, Center for Veterans' Rights.--

Joseph N. De Raismes, first assistant attorney general, State of

Colorado

David M. Fishlow, executive director, Northern California affiliate of

the American Civil Liberties Union ---

TUESDAY, August 25, 1977

Opening statement of Hon. Richard (Dick) Stone, acting chairman of the

Senate Committee on Veterans' Affairs ---

Testimony of

Grover C. Robinson III, representative, district 1, Florida House of

Representatives, accompanied by Melvin Chambless, staff director,

Veterans' Affairs Committee, Florida House of Representatives.--

A panel of veterans: Paul W. 'Airey, chief master sergeant, U.S. Air

Force Sergeants Association; Kenneth Doncaster, assistant legisla-

tive officer, State of Florida Veterans of Foreign Wars; John Eu-

banks, department legislative chairman, Department of Florida,

American Legion; and John C. McCarthy, supervising national

service office Disabled American Veterans..

Bishop C. Holifield, Esq., counsel, Florida A. & M. University, ac-

companied by Leslie Stein, counsel, University of South Florida,

representing the Florida Board of Regents...

A panel consisting of: Robert Landers, national commander, Inter-

national Veterans Association, Miami, Fla.; and James Quinton-

Scott, veteran's advocate, Student Government, University of

South Florida, Tampa, Fla.

Jack R. Hanson, national vice commander, International Veterans

Association, Inc., Miami, Fla.---

Ivey Simon, chapter commander, chapter 23, DAV, Pensacola, Fla -
W. B. Mackall, director, Florida Division of Veterans Affairs,

Department of Community Affairs...

WEDNESDAY, AUGUST 31, 1977

Opening statement of Hon. Strom Thurmond, acting chairman of the

Senate Committee on Veterans' Affairs.----

Testimony of-

William L. Pope, Esq., president, South Carolina Bar Association,

Columbia, S.C

Arnold Muir, past department commander, Department of South

Carolina, Veterans of Foreign Wars, Columbia, S.C...

Sidney L. Wise, department commander, Department of South

Carolina, Disabled American Veterans, Columbia, S.C..

C. Ben Bowen, Esq., representative, Department of South Carolina,

the American Legion, Greenville, S.C.-

Dr. Richard L. Waldroup, president, Trident Technical College,

Charleston S.C..

Eldon D. Wedlock, Esq., professor, University of South Carolina

School of Law, Columbia, S.C.---

Paul Nejelski, Esq., Deputy Assistant Attorney General for the Office

for Improvements in the Administration of Justice, Department of

Justice, Washington, D.C.------

WEDNESDAY, SEPTEMBER 21, 1977

Opening statement of Hon. Alan Cranston, chairman of the Senate Com-

mittee on Veterans' Affairs.--.

Testimony of

Hon. Gary Hart, a U.S. Senator from the State of Colorado..

Edward J. Lord, assistant director, national legislative commission

and Edward H. Golembieski, consultant, national veterans' affairs

and rehabilitation commission, the American Legion --

Harvey Levin, Esq., member, special committee on Federal limita-

tions on attorneys' fees and Marion Edwyn Harrison, past chairman,

section on administrative law, American Bar Association.--

A panel consisting of: Otto Lukert, director at large, National Associa-

tion of Concerned Veterans; Thomas Wincek, president, National

Association of Veteran Program Administrators; and Larry Roffee,

legislative director, Paralyzed Veterans of America, Inc.-
A panel consisting of: Arthur L. Guerrero, Denver, Colo.; Dr. Alcide

b. Pellerin, Salem, Va., and Robert C. White, special assistant to

the president, National University, San Diego, Calif..

A panel consisting of: John Bolt Culbertson, private practitioner,

Greenville, S.C.; Fredrick Gross, private practitioner, Union, N.J.;

George Lively, assistant project director, military law project,

accompanied by_John Daley, Memphis, Tenn.; and Carlos M.

Soler-Calderon, Esq., representing the National Congress of Puerto

Rican Veterans, Puerto Rico.

Kenneth G. McCarthy, Jersey City, N.J..

MONDAY, OCTOBER 10, 1978

Opening statement of Hon. Alan Cranston, chairman of the Senate Com-

mittee on Veterans' Affairs.---

Testimony of-

Guy H. McMichael III, General Counsel, Veterans' Administration.-

Irwin Goldbloom, Deputy Assistant Attorney General, Civil Divi-

sion, Department of Justice.---

Donald H. Schwab, director of the national legislative service of the

Veterans of Foreign Wars, accompanied by Capt. William Sheehan,

U.S.

Navy, retired, legal counsel for the national veterans service-

John Heilman, deputy national director of legislation for Disabled

American Veterans.

William Lawson, chairman of the board of directors, American Asso-

49

ciation of Minority Veterans Program Administrators, accompanied Page

by Nathaniel Tolbert, member of the AAMVPA board of directors.. 664 Frank E. G. Weil, American Veterans Committee, accompanied by June A. Willenz, executive director, American Veterans Committee.

668 Dennis W. Carroll, staff attorney, National Senior Citizens Law

Center, accompanied by Dennis M. Sweeney, administrative law
center, Legal Aid Bureau, Inc.---.

680 Harold J. Nussbaum, attorney at law in Washington, D.C.-

696 Dennis R. Abbey, Boulder County veterans' service officer, Boulder, Colo..

702 Written statements of

Hon. Gary Hart, a U.S. Senator from the State of Colorado.. Harvey Levin, member of the special committee on Federal limitations on attorneys' fees, American Bar Association --

97 Al Krank, department service officer, the American Legion of California

111 Dr. Lloyd E. Messersmith, executive director, California Community and Junior College Association.

126 Martha Louise Caron, attorney at law, Swords to Plowshares, Inc., Veterans' Rights Organization.-

171 Susan Marie Bailey, attorney at law, Swords to Plowshares, Inc., Veterans' Rights Organization.

175 Ron Bitzer, Center for Veterans' Rights.-

180 David M. Fishlow, executive director, Northern California affiliate of the American Civil Liberties Union -

264 Grover C. Robinson III, State representative, Vietnam veteran and

member of the Florida House of Representatives, Committee on
Veterans' Affairs...

281 John Eubanks, department legislative chairman, the American Legion of Florida, with attachments.

286 Bishop C. Holifield, representing the Florida Board of Regents... 305 Leslie Reicin Stein, for and on behalf of the Board of Regents of the State University System of Florida--

306 James Quinton-Scott, veterans' advocate, University of South Florida- 311 Robert Landers, national commander, International Veterans Association, Inc., with exhibits..

319 Robert Aaron, Southern Center for Military and Veterans Rights. 339 Jack R. Hanson, national vice commander, International Veterans Association, Inc..

342 Carl A. Brown, coordinator of American Veterans Movement, Tampa, Fla.-

351 William L. Pope, president, South Carolina Bar Association, Columbia, S.C...

359 C. Ben Bowen, attorney at law, representing the American Legion of South Carolina, with attachment...

376 Paul Nejelski, Deputy Assistant Attorney General, Office for Improvements in the Administration of Justice

396 Edward J. Lord, assistant director, national legislative commission,

and Edward H. Golembieski, consultant, national veterans affairs
and rehabilitation commission, the American Legion, with attach-
ment.

419 Harvey R. Levin, on behalf of the American Bar Association, with exhibits.

429 Thomas J. Wincek, chairman, National Association of Veterans Program Administrators...

441 Otto Lukert, director at large, National Association of Concerned Veterans

443 Lawrence W. Roffee, Jr., legislative director, Paralyzed Veterans of America

448 George Lively, assistant project director, Military Law Project of

Memphis Area Legal Services Association, Inc., with an attachment. 485 Fredric J. Gross, attorney at law of the State of New Jersey -

515 Dr. David Chigos, president, National University, with attachments - 530 Henry P. Lawhorn, national judge advocate, the International Veterans Association, with attachments.-

538 William G. Craig, chancellor, California Community Colleges, Sacramento, Calif...

553 Irwin Goldbloom, Deputy Assistant Attorney General, Civil Division, Department of Justice

587

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