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PROVIDING STATUTORY AWARDS FOR ARRESTED TU

BERCULOSIS; INCREASING INCOME LIMITATIONS FOR PENSION PURPOSES; AND GRANTING PRESUMPTIVE SERVICE CONNECTION FOR TROPICAL DISEASES

THURSDAY, JUNE 5, 1947

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON COMPENSATION AND PENSIONS
OF THE COMMITTEE ON VETERANS' AFFAIRS,

Washington, D.C. The subcommittee met, pursuant to call, at 10 a. m., in room 356, Old House Office Building, Representative Mathews (chairman) presiding

Present: Representatives Mathews, Vail, Sarbacher, Price, and Donohue.

(The committee had the following bills under consideration :)

[H. R. 295, 80th Cong., 1st sess.)

A BILL To authorize the payment of pension to certain widows and children of World

War I and World War II veterans whose annual income exceeds $1,000 but does not exceed $2,500

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the first sentence of section 1 (c) of Public Law Numbered 484, Seventy-third Congress, June 28, 1934, as amended, is amended to read as follows: “Payment of pension under the provisions of this Act shall not be made to any widow, or a child, whose annual income exceeds $2,500.”

[H. R. 460, 80th Cong., 1st sess.)

A BILL To amend the income limitation governing the granting of death pension benefits

to widows and children of World War veterans under Public Law Numbered 484, Seventy-third Congress, June 28, 1934, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 (c) of the Act of June 28, 1934, as amenderl by section 1 (c) of the Act of July 19. 1939 (Public Law Numbered 198, Seventy-sixth Congress), and by section 11 of the Act of July 13, 1943 (Public Law Numbered 144, Seventy-eighth Congress), is hereby further amended to read as follows:

"(c) Payment of compensation under the provisions of this Act shall not be made to any widow without child. or a child, whose annual income exceeds $2,000 or to a widow with a child or children whose annual income evceeds $3.000. In determining annnal income any nayments by the United States Government because of disability or death under laws administered by the Veterans' Administration shall not be considered : Provided, That where payment to a widow is disallowed or discontinued hereunder, payment to a child or children of the deceased veteran may be made as though there is no widow."

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SEC. 2. That section 11 of the Act of July 13, 1943 (Public Law Numbered 144, Seventy-eighth Congress), is amended by inserting “(a)” before the word “Section” at the beginning thereof, and by adding the following new subsection:

“(b) In determining annual income the following shall be considered as properly deductible from a widow's gross income for the purpose of entitlement under subsection (c):

“(1) Expenses borne by the widow in connection with last illness of the veteran; and

(2) Burial expenses in excess of $150 for the veteran's burial.”

[H. R. 1200, 80th Cong., 1st sess.)

A BILL To provide an award for arrested tuberculosis cases of World War II

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any ex-service person shown to have had a tuberculosis disease of a compensable degree which disease is or shall be held to be the result of active military or naval service between September 16, 1910, and September 2, 1945 both dates inclusive, who in the judgment of the Administrator of Veterans' Affairs has reached a condition of complete arrest of his disease, shall receive compensation of not less than $50 per month: Provided, That no payments under this Act shall be retroactive, and the payments hereunder shall commence from the date of passage of this Act or the date disease reached a condition of arrest, whichever be the later date.

(H. R. 1352, 80th Cong., 1st sess.)

A BILL To provide Government protection for widows and children of deceased veterans

of World Wars I and II, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6, Public Law Numbered 483, Seventy-eighth Congress, is hereby amended to read as follows:

“SEC. 6. The surviving widow, child, or children of a veteran who served in World War II whose death is not due to service therein, but who was discharged or released from active service under conditions other than dishonorable after having served ninety days or more or for disability incurred in wartime service in line of duty, or who at time of death was receiving or entitled to receive compensation or retirement pay for wartime service-connected disability, shall be entitled to pension in the amounts and otherwise subj·ct to the conditions of Public Law Numbered 484, Seventy-third Congress, as amended : Provided, That for the purposes of this section the definition of the terms 'veteran', 'widow', ‘child or children’ shall be those applicable: to World War II as provided in Public Law Numbered 2, Seventy-third Congress, as now or hereafter amended.".

SEĆ. 2. The surviving widow, child, or children of any person who has died, or dies, in active service in World War I or World War II after having served ninety days or more and whose death is held not due to service therein, shall be entitled to pönsion in the amounts and otherwise subject to the conditions of Public Law Numbred 484, Seventy-third Congress, as amended : Provided, That for the purposes of this section the definition of the terms “veteran", "widow", "child or children” shall be those applicable to World War I and World War Il as provided in Public Law. Numbered 2, Seventy-third Congress, as now or hereafter amended.

SEC. 3. Section 1 (c), Public Law Numbered 484, Seventy-third Congress, as amenderl, is hereby amended to read as follows:

"(c) Payment of pension under the provisions of this Act shall not be made to any widow without child, or a child, whose annual income exceeds $1,800, or to a widow with a child or children whose annual income exceeds $3,000. In determining annual income any payments made by widow, child or children, for expense of last sickness and burial of the veteran shall be excluded and any payments by the United States Government because of disability or death under laws administered by the Veterans' Administration shall not be considered nor shall life insurance payments from any source be considered : Provided, That where payments to a widow are disallowed or discontinued hereunder, payment to a child or children of the deceased veteran may be made as though there is no widow."

SEC. 4. Notwithstanding any other provision of law or veterans' regulation, for the purpose of payment of compensation under laws administered by the Veterans' Administration, one parent whose annual income does not exceed $1,800, or two parents whose annual income does not exceed $3,030, shall be deemed to be dependent. In determining annual income any payments made by a parent for expense of last illness or burial of the veteran shall be excluded and any payments by the United States Government because of disability or death under laws administered by the Veterans' Administration shall not be considered nor shall life insurance payments from any source be considered.

SEC. 5. Paragraph II (a), part III, Veterans Regulation Numbered 1 (a), as amended, is hereby amended to read as follows:

"II. (a) Payment of pension provided by part III, except as provided in paragraph I (g), shall not be made to any unmarried person whose annual income exceeds $1,800 or to any married person or any person with minor children whose annual income exceeds $3,0CO.”

SEC. 6. This Act shall be effective from the date of its approval: Provided, That claims otherwise payable for a period prior to the effective date of this Act may be adjudicated and placed on the roll and the benefits of this Act shall be applicable to such claims and those claims now on the rolls.

SEC. 7. Except to the extent they may conflict with the provisions of this Act, the provisions of Public Law Numbered 2, Seventy-third Congress, the Veteraris Regulations promulgated thereunder, and of Public Law Numbered 144, Seventyeighth Congress, as now or hereafter amended, shall be applicable to this Act: Provided, That no compensation or pension shall be reduced or discontinued by the enactment of this Act.

[H. R. 1453, 80th Cong., 1st sess. ] A BILL To dispense with the maximum income requirements necessary to establish

eligibility for pensions for widows and children of veterans of World War I Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1, as amended, of the Act of June 28, 1934, entitled “An Act to compensate widows and children of persons who died while receiving monetary benefits for disabilities directly incurred in or aggravated by active military or naval service in the World War" (U. S. C., 1910 edition, title 38, sec. 503; Supp. IV, title 38, sec. 503), is amended by striking out subsection (c) thereof.

[H. R. 1696, 80th Cong., 1st sess.)

A BILL To provide compensation for veterans of World War II who have had pulmonary

tuberculosis

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) any person who (1) shall have performed active service in the military or naval forces of the United States during the period beginning December 7, 1941, and ending September 2, 1945 ; (2) shall have been separated from, or released from active service in, such forces under honorable conditions; (3) shall have received treatment as a patient in a Veterans' Administration hospital for pulmonary tuberculosis, and who shall have been actually diagnosed as having the disease, either by X-ray study, finding of the tubercular germs, or any other method that might be used to make a definite diagnosis; and (4) shall have been discharged from such hospital because he has reached a condition of complete arrest of such disease, shall be paid compensation at the rate of $50 per month for the reminder of his natural life.

(b) No person shall be eligible for compensation under this Act while in receipt of pension or compensation for disability under any other Act (whether heretofore or hereafter enacted) administered by the Veterans' Administration.

(c) Any compensation granted under this ·Act shall commence on the date of the filing of application therefor with the Veterans' Administration after the date of enactment of this Act.

[H. R. 2499, 80th Cong., 1st sess.)

A BILL To provide an award for arrested tuberculosis cases of World War II

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any ex-service person shown to have had a tuberculous disease of a compensable degree which disease is or shall be held to be the result of active military or naval service between September 16, 1940, and September 2, 1945, both dates inclusive, who in the judgment of the Administrator of Veterans Affairs has reached a condition of complete arrest of his disease, shall be paid compensation at the rate of $50 per month for the remainder of his natural life.

(b) No person shall be eligible for compensation under this Act while in receipt of pension or compensation for disability under any other Act (whether heretofore or hereafter enacted) administered by the Veterans' Administration : Provided, That no payments under this Act shall be retroactive and the payments hereunder shall commence from the date of passage of this Act or the date disease reached a condition of arrest, whichever date is the later.

[H. R. 2566, 80th Cong., 1st sess.) A BILL To amend the income limitation governing the granting of pensions to World War

veterans and death-pension benefits to widows and children of World War veterans Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section II, paragraph (a), of part III of Veterans Regulation Numbered 1 (a) is amended to read as follows:

II. (a) Payment of pension provided by part III, except as provided in paragraph I (g), shall not be made to any unmarried person whose annual income exceeds $2,000, or to any married person or any person with minor child whose annual income exceeds $3,000.”

SEC. 2. That section 1 (c) of the Ad of June 28, 1934 (Public Law Numbered 484, Seventy-third Congress), as amended by section 1 of the Act of Julv 19, 1999 (Public Law Numbered 198, Seventy-sixth Congress), and by section 11 of the Act of July 13, 1943 (Public Law Numbered 144, Seventy-eighth Congress; 38 U. S. C. 503 (c)), is hereby amended to read as follows:

"(c) Payment of compensation under the provisions of this Act shall not be made to any widow without child, or a child, whose annual income exceeds $2.000, or to a widow with a child or children whose annual income exceeds $3,00). In determining annual income any payments by the United States Government because of disability or death under laws administered by the Veterans' Administration shall not be considered : Provided, That where payment to a widow is disallowed or discontinued hereunder, payment to a child or children of the deceased veteran may be made as though there is no widow."

[H. R. 2621, 80th Cong., 1st sess.) A BILL Relating to compensation for veterans of World War II who have a service

contracted or a service-aggravated tuberculosis condition Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who, while serving in the armed forces of the United States at any time between December 6, 1941, and January 1, 1947, (1) contracted a tuberculous disease of a degree compensable under any law or regulation administered by the Veterans' Administration, or (2) suffered to a compensable degree an aggravation of a tuberculous disease, shall receive for life compensation at a rate not less than the rate provided by law or regulation for a 50 per centum disability incurred in service during World War II.

[H. R. 2903, 80th Cong., 1st sess.)

A BİLL To raise the limit on the amount of annual income from other sources which may

be received by a veteran otherwise entitled to a pension by reason of a non-serviceconnected disability

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph II (a) of part III of Veterans Regulation Numbered 1 (a), as amended, is amended

(1) by striking out “$1,000” and inserting in lieu thereof “$1.500"; and (2) by striking out "$2,500” and inserting in lieu thereof “$3,000”.

[H. R. 3349, 80th Cong., 1st sess. ]

A BILL To provide an award for arrested tuberculosis cases of World War I and World

War II veterans, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an exservice person shown to have had a tuberculous disease of a comnensable degree which disease is or shall be held to be the result of active military or naval service during World War I as defined by Veterans Regulation 1 (a), as amended, or between September 16, 1940, and September 2, 1945, both dates inclusive, who in the judgment of the Administrator of Veterans' Affairs has reached a condition of comnlete arrest of his disease, shall receive compensation based upon a rating of not less than 50 per centum: Provided, That no payments under this Act shall be retroactive, and the payments hereunder shall commence from the date of passage of this Act or the date disease reached a condition of arrest, whichever be the later date.

[H. R. 3418, 80th Cong., 1st sess.) A BILL To provide that veterans who have at any time suffered from service-connected

advanced tuberculosis shall be rated as permanently and totally disabled by the Veterans' Administration Be it enacted by the Senate and Trouse of Repreesntatives of the United States of America in Congress assembled, That any nerson who (1) served in the armed forces of the United States in time of war, (2) incurred, or sufforon an aggravation of, a tuberculous condition during such service, which condition progressed to an advanced stage, (3) has at anv time been rater for comnensation purposes as totally disabled by reason of a tuberculous condition, shall be entitled, upon asp'ication to the Administrator of Veterans Affairs, to a rating of permanent and total disability, and such rating shall not be changed during the remainder of such person's life.

[H. R. 3437, 80th Cong., 1st sess.) A BILL Relating to the compensation of those veterans of World War I and World War II

who suffer from tuberculosis Be it enacted by the Senate and Anuse of Representatives of the United States of Amerima in Congress assembled, That (1) any veteran of World War I who, on the date of enactment of this Act, is entitled, under any law or regulation administered by the Veterans Administration, to compensation or pension for disability resulting from a tuberculous disease, and (2) any person who, while serving in the armed forces of the United States at anv time between Décember 6, 1941, and January 1, 1947, (a) contracted a tuberculous disease of a degree compensable under any law or regulation administered by the Veterans Administration, or (b) suffered to a compensable degree an aggravation of a tuberculous disease, shall receive for life compensation at a rate not less than the rate provided by law or regulation for total disability incurred in service during World War I or World War II.

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