4 Dependent upon age of child. If child under 10, lower rate payable. Equally divided.

PENSIONS-REGULAR ESTABLISHMENT-PENSIONS

AND INCREASE

PENSIONS TO VETERANS, WIDOWS, AND DEPENDENTS OF VETERANS OF THE REGULAR ESTABLISHMENT

Hearings before the Committee on Pensions, House of Representatives, SeventyFifth Congress, Third Session, on H. R. 8948 (also S. 3503) 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 war time. June 8, 1938

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 Regular Establishment for disabilities or deaths incurreed 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 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. 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.

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 discaso 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, relative to the rate of pension if the disability or death resulted from an injury received in line of 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 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. 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 deaths 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 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 evi

dence 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, relative to the rate of pension if the disability or death resulted from an injury received in line of duty in actual combat in a military expedition or military occupation.

Mr. SMITH. General Hines, the Administrator of Veterans' Affairs, is present, and we will be very glad to have a statement from him in reference to the bills we have under consideration.

STATEMENT OF BRIG. GEN. FRANK T. HINES, ADMINISTRATOR OF VETERANS' AFFAIRS ACCOMPANIED BY MEMBERS OF HIS STAFF

General HINES. Mr. Chairman and gentlemen of the committee, the bills that are before you, H. R. 8948, and Senate bill 3503, are bills introduced at the request of the Regular Veterans Association with some assistance on the part of the Veterans' Administration in drafting what they thought they would like to ask Congress for.

I feel that I should advise the committee that the bill which the administration has submitted to you is the result of the studies that have taken place for over 2 years with the Army, the Navy, and the Coast Guard, and also after hearing the requests of those representing the regular veterans.

First let me point out to you the group of veterans that are involved in this legislation, in order that the committee may be able to judge of those involved in the situation as it exists today.

This legislation pertains to the group of men who serve in the Regular Army, Navy, or Coast Guard and are injured in line of duty, other than during a period of war, and therefore they are service-connected cases.

Those of this group who had wartime service in addition to their service in the Regular Establishment, other than during a period of war, and who are entitled to benefits for both types of service, are subject to the provisions of Part IV of Veterans Regulation 1 (a), as amended, which provides for a combination of ratings and payment at wartime rates.

The natural assumption would be that a man who is injured in peacetime, if he loses a leg or an arm, should receive the same as the man who is injured in wartime.

There are certain factors that have always been considered in connection with peacetime rates as compared with wartime rates. They have always proceeded upon the theory that a man called for wartime service, whether he is drafted or volunteers, who is taken out of the pursuit or vocation he is in, generally without his consent, is therefore entitled to greater consideration than the man who selects such a vocation in peacetime.

The history of veterans' relief legislation in our country reveals the policy of providing more extensive relief for wartime service. When we enter a war, the existing law then applicable to the Regular Establishment, is applicable, but during the war or after its termination, service pensions, higher service-connected rates, and other special considerations have been granted.

There are two groups of veterans of the Regular Establishment, those who incurred disability in service prior to April 21, 1898, and those who incurred disability on and after that date. When the Economy Act was passed, Congress decided that those pensions that were being paid for disability incurred prior to April 21, 1898, would not be disturbed. That group has not been disturbed. We are now dealing with the veterans of the Regular Establishment subsequent to 1898, and the situation that followed the enactment of the Economy Act of March 20, 1933, resulted in this, that the number of veterans on the rolls on January 31 of this year whose pensions were increased as a result of that legislation is 4,799. The number of veterans whose pensions were decreased as a result of that legislation is 7,296, 1,030 remained the same. A number of veterans, 2,877 to be exact, were dropped from the rolls under the regulations issued pursuant to the Economy Act. However, there were some 8,206 veterans who were added to the rolls.