CONTENTS Corcoran, John J., director, National Rehabilitation Commission__ 2213- Olson, Clarence H., assistant director, National Legislative Commis- Shapiro, Dr. H. A., senior medical consultant, National Rehabilita- Blinded Veterans' Association: Thompson, Dr. William W., executive Cochran, Wilbur C. (See Veterans of World War I of the U.S.A., Inc.) 2198, 2201, 2202, 2205–2207, 2212–2214, 2228, 2230–2232, 2235–2241, Jones, Norman, director, National Rehabilitation Service_-_. 2232-2235 Veterans of World War I of the U.S.A., Inc.: Cochran, Wilbur C., na- 2236 MISCELLANEOUS COMPENSATION LEGISLATION TUESDAY, MARCH 22, 1960 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COMPENSATION AND PENSIONS OF THE COMMITTEE ON VETERANS' AFFAIRS, Washington, D.C. The subcommittee met at 10 a.m. pursuant to notice, in room 356, Old House Office Building, Hon. W. J. Bryan Dorn (chairman of the subcommittee) presiding. Mr. DORN. The subcommittee will come to order. We are meeting this morning to open our hearings on measures which have been introduced and referred to the committee, affecting service-connected compensation for disabled veterans and for their survivors. There are 47 bills pending before the committee which we will consider this morning, and without objection I will insert in the record a summary of these proposals, together with the text of the bills, the Veterans' Administration's reports thereon, and certain other data pertinent to this hearing. (The information referred to follows:) VETERANS' ADMINISTRATION, Hon. OLIN E. TEAGUE, Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, D.C. DEAR MR. TEAGUE: The following comments are submitted, as requested, on H.R. 281, 86th Congress. The purpose of the bill is to amend existing law (38 U.S.C. 312(3)) to insert language purporting to include the reinfection type of pulmonary tuberculosis in the provision for presumptive service connection for active tuberculous disease. Section 312 (3) of title 38, United States Code, provides that active tuberculous disease developing a 10-percent degree of disability or more within 3 years from the date of separation from wartime service. of 90 days or more shall be considered to have been incurred in such service, notwithstanding there is no record of evidence of such disease. during the period of service. The phrase "active tuberculous disease" presently contained in the law (38 U.S.C. 312 (3)) is broad enough to include and does include the reinfection type of pulmonary tuberculosis as a chronic disease. Inasmuch as service connection is routinely granted for reinfection pulmonary tuberculosis if shown to exist to a degree of 10 percent or more within the presumptive period, the need for this proposed legis 2157 lation is not apparent. Accordingly, it is recommended that the bill, H.R. 281, be not favorably considered. The Bureau of the Budget advises that there is no objection to the submission of this report to the committee. Sincerely yours, ROBERT J. LAMPHERE, (For and in the absence of Bradford Morse, Deputy Administrator). OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Hon. OLIN E. TEAGUE, VETERANS' ADMINISTRATION, Washington, D.C., July 15, 1959. Chairman, Committee on Veterans' Affairs, House of Representatives, Washington, D.C. DEAR MR. TEAGUE: The foliowing comments are submitted, as requested, on H.R. 279, 86th Congress. The purpose of the bill is to amend existing law to provide that malignant tumors (cancer) developing a 10-percent degree of disability or more within 2 years from the date of separation from active service, shall, in the absence of affirmative evidence to the contrary, be deemed to have been incurred in or aggravated by such service. The present law governing presumptive service connection for chronic diseases provides, generally, that a chronic disease (other than active tuberculosis and multiple sclerosis) becoming manifest to a degree of 10 percent or more within 1 year from the date of separation from active service shall, subject to rebuttal, be considered to have been incurred in or aggravated by such service. With respect to all types of active tuberculosis, a 3-year presumptive period is provided and, for multiple sclerosis, a 2-year period. These presumptions require at least 90 days' active service during a period of war, as defined in section 101 of title 38, United States Code. Direct service connection may be granted for malignant tumors (cancer) which do not become manifest within the present presumptive period of 1 year when the evidence of record is deemed adequate to warrant such a finding. In such cases, under the directive originally contained in Public Law 361, 77th Congress, December 20, 1941 (now sec. 354 of title 38, United States Code) where a veteran is seeking service connection for any disability due consideration shall be given to the places, types, and circumstances of his service as shown by his service record, the official history of each organization in which he served, his medical records, and all pertinent medical and lay evidence. The law further provides: In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Administrator shall accept as sufficient proof of service connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. * * * The 1-year presumptive period for the service connection of a chronic disease, previously covered by regulation based upon sound medical judgment, was incorporated in veterans regulations promulgated under Public No. 2, 73d Congress, in 1933. In 1948 Congress specified certain diseases which, among others, should be deemed chronic, but did not extend the uniform 1-year presumptive period (Public Law 748, 80th Cong.). It was not until 1950 that an exception to the general rule was made in the case of active pulmonary tuberculosis (Public Law 573, 81st Cong.), and in 1951 a further presumption was authorized in the case of multiple sclerosis (Public Law 174, 82d Cong.). In 1951 the Congress extended the presumptive period for an active psychosis for the limited purposes of hospital and medical treatment, and in 1953 extended the presumptive period for all other types of active tuberculosis to 3 years. The committee will, no doubt, wish to give careful consideration to the problem of whether the proposed extension of the presumptive period for malignant tumors (cancer) will be urged as a precedent for extending the presumptive period for many other chronic diseases. It is not possible to furnish an estimate of the cost of the bill, if enacted, in view of the unknown factors involved. There are administrative provisions whereby chronic diseases, including malignant tumors, incurred within a reasonable time after the present presumptive period following active military service can be and are handled on an individual basis where there is a likelihood that the condition had its inception during military service. Accordingly, the Veterans' Administration does not recommend favorable consideration of H.R. 279 by your committee. The Bureau of the Budget advises that there is no objection to the submission of this report to the committee and that enactment of the proposed legislation would not be in accord with the program of the President. Sincerely yours, BRADFORD MORSE, Deputy Administrator. OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, VETERANS' ADMINISTRATION, Washington, D.C., July 22, 1959. Hon. OLIN E. TEAGUE, DEAR MR. TEAGUE: The following comments are furnished, as requested, on H.R. 280, 86th Congress. The purpose of the bill is to amend existing law (38 U.S.C. 312) to provide that psychoses developing a 10-percent degree of disability or more within 2 years from the date of separation from active service shall, in the absence of affirmative evidence to the contrary, be deemed to have been incurred in or aggravated by such service. The present law governing presumptive service connection for chronic diseases provides, generally, that a chronic disease (other than active tuberculosis and multiple sclerosis) becoming manifest to a degree of 10 percent or more within 1 year from the date of separation from active service shall, subject to rebuttal, be considered to have |