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COMMITTEE ON PENSIONS

аяр3ИАТ? 2319A9.CANNON, Wisconsin

ALLARD H. GASQUE, South Carolina, Chairman

WALTER G. ANDREWS, New York
MARTIN F. SMITH, Washington

MELVIN J. MAAS, Minnesota
REUBEN T. WOOD, Missouri

FRANK CARLSON, Kansas
CHARLES A. BUCKLEY, New York

FRED J. DOUGLAS, New York
NAT PATTON, Texas

RICHARD M. SIMPSON, Pennsylvania
JAMES A. O'LEARY, New York
GUY J. SWOPE, Pennsylvania
MICHAEL J. BRADLEY, Pennsylvania
LAURENCE F. ARNOLD, Illinois
JOSEPH A. DIXON, Ohio
JOHN F. HUNTER, Ohio
ALBERT THOMAS, Texas
HARRY SAUTHOFF, Wisconsin
JOHN T. BERNARD, Minnesota

FRED R. MILLER, Law Examiner

II

PENSIONS—REGULAR ESTABLISHMENT

WEDNESDAY, JUNE 8, 1938

HOUSE OF REPRESENTATIVES,
COMMITTEE ON PENSIONS,

Washington, D. C. The committee met at 10 a. m., Hon. Martin F. Smith presiding. Mr. Smith. The committee will please come to order.

We have met this morning to hold a hearing on H. R. 8948 and S. 3503, bills to liberalize the laws providing pensions for veterans and the dependents of veterans of the Regular Establishment for disabilities or deaths incurred or aggravated in line of duty other than in wartime.

(The bills referred to are as follows:)

(H. R. 8948, 75th Cong., 3d sess.)

A BILL To liberalize the laws providing pensions for veterans and the dependents of veterans of the Reg.

ular Establishment for disabilities or deaths incurred or aggravated in line of duty other than in wartime.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons entitled to pension under the provisions of the general pension law, for service-connected disability resulting from service prior to April 21, 1898, other than in a period of war, shall be entitled to pension at monthly rates at not less than 80 per centum of the highest amount of compensation payable to World War veterans suffering with similar serviceconnected disabilities: Provided, That not less than 80 per centum of the statutory ratings and awards for specific disabilities as provided by the World War Veterans' Act, 1924, as amended, shall be for application in such cases: Provided further, That the monthly rate of the allowance for a nurse or attendant shall be the same as is paid to World War veterans. The occupational variant of soldier, sailor, marine, or coast guard, rather than the variant applicable to the occupation of the injured man at the time of enlistment, shall be applied in such cases when the rating schedule in effect on March 19, 1933, applicable to World War veterans, is used in adjudicating such claims.

SEC. 2. Persons entitled to pension for service-connected disability under the provisions of part II, Veterans' Regulation Numbered 1 (a), as amended, shall be entitled to pension at monthly rates of not less than 80 per centum of the highest amount of compensation payable to World War veterans suffering with similar service-connected disabilities: Provided, That not less than 80 per centum of the statutory ratings and awards for specific disabilities as provided by the World War Veterans' Act, 1924, as amended, shall be for application in such cases: Provided further, That the monthly rate of the allowance for a nurse or attendant shall be the same as is paid to World War veterans. The occupational variant of soldier, sailor, marine, or coast guard, rather than the variant applicable to the occupation of the injured man at the time of enlistment, shall be applied in such cases when the rating schedule in effect on March 19, 1933, applicable to World War veterans, is used in adjudicating such claims.

SEC. 3. Eighty per centum of the highest service-connected death-compensation rates payable to the dependents of World War veterans shall be the pension rates applicable (1) to the dependents of veterans whose death resulted from service prior to April 21, 1898, other than in a period of war, provided such dependents are otherwise entitled to pension under the provisions of the general pension law, and (2) to dependents entitled to pension under the provisions of paragraph III of part II, Veterans' Regulation Numbered 1 (a), as amended.

1

SEC. 4. Paragraph I of part II, Veterans' Regulation Numbered 1 (a), as amended, is hereby amended by adding a new subparagraph (d) to read as follows:

"(d) For the purposes of paragraph I (a) of part II hereof a chronic disease becoming manifest to a degree of 10 per centum or more within one year from the date of separation from active service as set forth therein shall be considered to have been incurred in or aggravated by service as specified therein, notwithstanding there is no record of evidence of such disease during the period of active service: Provided, That the person suffering from such disease served one hundred and eighty days or more in the active service as specified therein: Provided, however, That, where there is affirmative evidence to the contrary or evidence to establish that an intercurrent injury or disease which is a recognized cause of such chronic disease has been suffered between the date of discharge and the onset of the chronic disease, or the disability is due to the person's own misconduct, service connection will not be in order.'

Sec. 5. The increases of pension provided by this Act shall be effective on the 1st day of the month following the month in which this Act is enacted. This Act shall not be so construed as to reduce any pension under any Act, public or private. Nothing contained in this Act shall in any way affect the provisions of paragraph I (c), part II, Veterans' Regulation Numbered 1 (a), as amended, rela

ve to the rate of pension if the disability or death ulted from an injury received in line duty in actual combat in a military expedition or military occupation.

(S. 3503, Report No. 1987, 75th Cong., 3d sess.)

A BILL To liberalize the laws providing pensions for veterans and the dependents of veterans of the

Regular Establishment for disabilities or deaths incurred or aggravated in line of duty other than in wartime

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That persons entitled to pension under the provisions of the general pension law, for service-connected disability resulting from service prior to April 21, 1898, other than in a period of war, shall be entitled to pension at monthly rates at not less than 80 per centum of the highest amount of compensation payable to World War veterans suffering with similar serviceconnected disabilities: Provided, That not less than 80 per centum

of the statutory ratings and awards for specific disabilities as provided by the World War Veterans' Act, 1924, as amended, shall be for application in such cases: Provided further, That the monthly rate of the allowance for a nurse or attendant shall be the same as is paid to World War veterans. The occupational variant of soldier, sailor, marine, or coast guard, rather than the variant applicable to the occupation of the injured man at the time of enlistment, shall be applied in such cases when the rating schedule in effect on March 19, 1933, applicable to World War veterans, is used in adjudicating such claims.

Sec. 2. Persons entitled to pension for service-connected disability under the provisions of part II, Veterans' Regulation Numbered I (a), as amended, shall be entitled to pension at monthly rates of not less than 80 per centum of the highest amount of compensation payable to World War veterans suffering with similar service-connected disabilities: Provided, That not less than 80 per centum of the statutory ratings and awards for specific disabilities as provided by the World War Veterans' Act, 1924, as amended, shall be for app ication in such cases: Provided further, That the monthly rate of the allowance for a nurse or attendant shall be the same as is paid to World War veterans. The occupational variant of soldier, sailor, marine, or coast guard rather than the variant applicable to the occupation of the injured man at the time of enlistment, shall be applied in such cases when the rating schedule in effect on March 19, 1933, applicable to World War veterans, is used in adjudicating such claims.

SEC. 3. Eighty per centum of the highest service-connected death-compensation rates payable to the dependents of World War veterans shall be the pension rates applicable (1) to the dependents of veterans whose death resulted from service prior to April 21, 1898, other than in a period of war, provided such dependents are otherwise entitled to pension under the provisions of the general pension law, and (2) to dependents entitled to pension under the provisions of paragraph III of part II, Veterans' Regulation Numbered 1 (a), as amended.

Sec. 4. Paragraph I of part II, Veterans' Regulation Numbered 1 (a), as amended, is hereby amended by adding a new subparagraph (d) to read as follows:

"(d) For the purposes of paragraph I (a) of part II hereof a chronic disease becoming manifest to a degree of 10 per centum or more within one year from the

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