Increases in Compensation and Dependency and Indemnity Compensation Rates

title, as added by the first section of this Act) in and after the first calendar quarter beginning after the date of the enactment of this Act.

[H.R. 519, 93d Cong., 1st sess.]

A BILL To provide for annual adjustments in monthly monetary benefits administered by the Veterans' Administration, according to changes in the Consumer Price Index

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 53 of title 38, United States Code, is amended by adding at the end thereof the following new section: "§ 3111. Annual adjustment of benefit rates

“Annually, effective January 1, the Administrator shall increase or decrease, in an amount equal to the percentage by which the Bureau of Labor Statistics Consumer Price Index (all items, United States city average) increased or decreased since rates were last changed, the monthly rates of the following benefits compensation, dependency and indemnity compensation, pension, subsistence allowance, educational assistance allowance, and special training allowance. Where the rate so determined involves a fraction of a dollar, the amount payable shall be fixed at the nearest dollar, with fifty cents being increased to the next higher dollar. In any case wherein a rate increase is indicated, however, the minimum increase shall be $1 per month."

"(b) The table of sections at the beginning of such chapter 53 is amended by adding at the end thereof the following:

"Sec. 3111. Annual adjustment of benefit rates."

SEC. 2. Annually, effective January 1, the Administrator shall increase or decrease, in an amount equal to the percentage by which the Bureau of Labor Statistics Consumer Price Index (all items, United States city average) increased or decreased since rates were last changed, the monthly rates of pension payable under the first sentence of section 9(b) of the Veterans Pension Act of 1959. Where the rate so determined involves a fraction of a dollar, it shall be fixed at the nearest dollar, with fifty cents being increased to the next higher dollar. In any case wherein a rate increase is indicated, however the minimum increase shall be $1 per month.

SEC. 3. This Act shall take effect on January 1, 1972.

[H.R. 861, 93d Cong., 1st sess.]

A BILL To create a rebuttable presumption that a disability of a veteran of any war or certain other military service is service-connected under certain circumstances

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 602 of title 38, United States Code, is amended by inserting "(a)" immediately before "For"; and by adding a new subsection as follows:

"(b) For the purposes of this chapter, the disability of any veteran of a war or of service after January 31, 1955, shall be deemed to be service-connected if— "(1) there are no medical records available to the Veterans' Administration for the period of such veteran's active military, naval, or air service. "(2) there is no medical record available to the Veterans' Administration for such veteran showing the results of any physical examination which was required by law or regulation, in effect at the time of such veteran's discharge or release from active duty, to be given members of the Armed Forces immediately prior to discharge or release from active duty; or

"(3) for any period of time during his active military, naval, or air service such veteran (A) was held as a prisoner of war, or (B) while in line of duty was forcibly detained or interned by a foreign government or power;

unless the Administrator can show by clear and convincing evidence that such disability was not incurred in or aggravated in line of duty by such veteran while serving in the active military, naval, or air service."

(b) The catchline of section 602 of title 38, United States Code, is amended to read as follows:

"602. Presumption relating to psychosis."

and inserting in lieu thereof

"602. Presumption relating to certain disabilities.".

[H.R. 1039, 93d Cong., 1st sess.]

A BILL To amend section 3104 of title 38, United States Code, to permit certain serviceconnected disabled veterans who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3104 (a) of title 38, United States Code, is amended by adding at the end thereof the following: "Notwithstanding the preceding sentence, emergency officers', regular, or reserve retirement pay may be paid to any veteran concurrently with compensation for any service-connected disability rated 30 per centum or more in degree disabling, without deduction from either the retirement pay or the compensation; however, nothing in this section shall permit payment of retirement pay and of compensation based upon the same disability."

[H.R. 2069, 93d Cong., 1st sess.]

A BILL To amend title 38 of the United States Code to provide for cost-of-living adjustments to disability compensation rates payable to veterans residing outside the contiguous United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 11 of title 38, United States Code is amended by adding at the end thereof the following new section: "362. Cost-of-living adjustments in disability compensation rates

"(a) The Administrator shall adjust from tme to time the respective rates of disability compensation payable under subchapters II and IV of this chapter to veterans who reside in any area outside the contiguous United States in order to offset the difference between the cost of living in any such area and the cost of living in the District of Columbia, if such cost in the outside area is substantially higher. No statutory rate payable under either of such subchapters may be increased to an amount in excess of 125 per centum of such rate by reason of adjustments made under this section.

"(b) The Administrator shall by regulation prescribe the amounts of the adjustments made under subsection (a) and define the areas in which, and the conditions under which, such amounts will be paid."

(b) The analysis of such chapter 11 is amended by adding at the end thereof the following:

"362. Cost-of-living adjustments in disability compensation rates."

SEC. 2. This Act shall take effect on the first day of the second calendar month which begins after the date of its enactment.

[H.R. 2070, 93d Cong., 1st sess.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3104(a) of title 38, United States Code, is amended by adding at the end thereof the following: "Notwithstanding the preceding sentence, emergency officers', regular, or reserve retirement pay may be paid to any veterans concurrently with compensation for any serviceconnected disability rated 30 per centum or more in degree disabling, without deduction from either the retirement pay or the compensation; however, nothing in this section shall permit payment of retirement pay and of compensation based upon the same disability."

[H.R. 2367, 93d Cong., 1st sess.]

A BILL To provide for adjustments in monthly monetary benefits administered by the Veterans' Administration, according to changes in the Consumer Price Index

Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That (a) chapter 53 of title 38, United States Code, is amended by adding at the end thereof the following new section : "§ 3112. Annual adustment of benefit rates

“(a) (1)' As soon as possible after the beginning of each calendar quarter, the Administrator shall determine the extent by which the price index in the immediately preceding calendar quarter was higher than the price index in the

applicable base period (as those terms are defined in subsection (b)). If he determines that the price index had risen by a percentage (of its level in the base period) equal to 3 per centum or more, he shall increase the monthly rates of the following benefits by an amount equal to such percentage: compensation, dependency and indemnity compensation, pension, subsistence allowance, educational assistance allowance, and special training allowance. Where the rate so determined involves a fraction of a dollar, the amount payable shall be fixed at the nearest dollar, with fifty cents being increased to the next higher dollar. In any case wherein a rate increase is indicated, however, the minimum increase shall be $1 per month.

(b) For purposes of this section

"(1) the term 'price index' means the Consumer Price Index (all items, United States city average) published monthly by the Bureau of Labor Statistics; and the average level of the price index for the three months in any calendar quarter shall be deemed to be the level of the price index in such quarter; and

"(2) the term 'base period' means—

"(A) the calendar quarter commencing October 1, 1967, with respect to the first increase under subsection (a), and

"(B) the calendar quarter immediately preceding the quarter in which the determination constituting the basis of the most recent increase under subsection (a) was made, with respect to any increase under subsection (a) after the first such increase."

(b) The table of sections at the beginning of such chapter 53 is amended by adding at the end thereof the following:

"Sec. 3112. Annual adjustment of benefit rates."

SEC. 2. As soon as possible after the beginning of each calendar quarter, the Administrator shall determine the extent by which the price index in the immediately preceding calendar quarter was higher than the price index in the applicable base period. If he determines that the price index had risen by a percentage (of its level in the base period) equal to 3 per centum or more, he shall increase the monthly rates of pension payable under the first sentence of section 9(b) of the Veterans Pension Act of 1959 by an amount equal to such percentage. Where the rate so determined involves a fraction of a dollar, it shall be fixed at the next higher dollar, with 50 cents being increased to the next higher dollar. In any case wherein a rate increase is indicated, however, the minimum increase shall be $1 per month.

SEC. 3. This Act shall take effect on January 1, 1974.

[H.R. 2476, 93d Cong., 1st sess.]

Be it enacted by the Senate and House of Representatvies of the United States of America in Congress assembled, That section 3104 (a) of title 38, United States Code, is amended by adding at the end thereof the following: "Notwithstanding the preceding sentence, emergency officers', regular, or reserve retirement pay may be paid to any veteran concurrently with compensation for any service-connected disability rated 30 per centum or more in degree disabling, without deduction from either the retirement pay or the compensation; however, nothing in this section shall permit payment of retirement pay and of compensation based upon the same disability."

[H.R. 2477, 93d Cong., 1st sess.]

A BILL To amend section 410 (a) of title 38, United States Code, to provide a statutory presumption of service-connected death of any veteran who has been rated totally dis abled by reason of service-connected disability for twenty or more years

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 410 (a) of title 38, United States Code, is amended to read as follows:

"(a) When any veteran dies after December 31, 1956, from service-connected or compensable disability, or was in receipt of or entitled to receive compensation at time of death for a service-connected disability permanently and totally disabling for twenty or more year, the Administrator shall pay dependency and

indemnity compensation to his widow, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be those applicable under chapter 11 of this title."

[H.R. 2795, 93d Cong., 1st sess.]

A BILL To amend title 38 of the United States Code to provide that Paget's disease developing a 10 per centum or more degree of disability within five years after separation from active service during a period of war shall be presumed to be service-connected

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 312(a) of title 38, United States Code, is amended by inserting immediately after clause (5) thereof the following new clause:

"(6) Paget's disease developing a 10 per centum degree of disability or more within five years from the date of separation from such service;".

[H.R. 2906, 93d Cong., 1st sess.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3104(a) of title 38, United States Code, is amended by adding at the end thereof the following: "Notwithstanding the preceding sentence, emergency officers', regular, or reserve retirement pay may be paid to any veteran concurrently with compensation for any serviceconnected disability, without deduction from either the retirement pay or the compensation; however, nothing in this sentence shall permit payment of retirement pay and of compensation based upon the same disability."

[H.R. 2908, 93d Cong., 1st sess.]

A BILL To provide for the payment of aid and attendance benefits to certain totally disabled veterans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following new section: "S 363. Determination with respect to need for aid and attendance

"For purposes of this chapter, a veteran rated as totally disabled as the result of service-connected disability and who is a patient in a nursing home shall be considered to be so helpless as to be in need of regular aid and attendance."

SEC. 2. The table of sections of chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following:

"363. Determination with respect to need for aid and attendance.".

[H.R. 2910, 93d Cong., 1st sess.]

A BILL To amend chapter 11, title 38, United States Code, to provide a statutory compensable rating of not less than 10 per centum for any veteran who was a prisoner of

war

"363. Notwithstanding the provisions of section 312(b) and (c) of this chapter any veteran of the United States Armed Forces who has been held as a prisoner of war, or was detained by an enemy agent of the United States, shall be deemed to have suffered a permanent disability and entitled to a disability rating of not less than 10 per centum following such service."

[H.R. 2911, 93d Cong., 1st sess.]

A BILL To amend title 38 of the United States Code to provide that progressive muscular atrophy developing a 10 per centum or more degree of disability within seven years after separation from active service during a period of war shall be presumed to be service connected

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (4) of section 312 of title 38, United States Code, is amended to read as follows:

"(4) multiple sclerosis or progressive muscular atrophy developing a 10 per centum degree of disability or more within seven years from the date of separation from such service;".

[H.R. 2912, 93d Cong., 1st sess.]

A BILL To amend title 38, United States Code, to provide that psychosis developing a 10 per centum degree of disability or more within two years after separation from active service during a period of war shall be presumed to be service connected

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 312 of title 38, United States Code, is amended by adding the following new paragraph:

"(6) an active psychosis developing a 10 per centum degree of disability or more within two years from the date of separation from such service ;".

[H.R. 2913, 93d Cong., 1st sess.]

A BILL To amend section 410 of title 38, United States Code, to provide a statutory presumption of service-connected death of any veteran who has been rated totally disabled by reason of service-connected disability for ten or more years

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 410 of title 38, United States Code, be amended by: (1) Redesignating subsection (b) as subsection (c), and (2) inserting the following new subsection (b) to read as follows:

"(b) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies from natural causes, and was in receipt or entitled to receive compensation at the time of death for a service-connected disability permanently and totally disabling for ten or more years, such death shall be determined as service-connected for death compensation and dependency and indemnity compensation purposes."

[H.R. 2914, 93d Cong., 1st sess.]

A BILL To amend title 38, United States Code, to authorize increased benefits for veterans requiring regularly scheduled hemodialysis

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (1) of section 314 of title 38, United States Code, is amended to read as follows:

"(1) if the veteran, as the result of service-connected disability has suffered the anatomical loss or loss of use of both hands, or both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or is receiving regularly scheduled hemodialysis, or is permanently bedridden or so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $616;".

[H.R. 2915, 93d Cong., 1st sess.]

A BILL To amend chapter 11, title 38, United States Code, to increase the statutory rates for certain anatomical loss or loss of use

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (k) of section 314 of title 38, United States Code, is amended as follows:

"(k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, the rate of compensation therefor shall be $75 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (s) of this section but in no event to exceed $616 per month; and in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection, in addition to the requirement for any of the rates specified in subsections (1) through (n) of this section, the rate of compensation shall be increased by $75 per month for each such loss or loss of use, but in no event to exceed $862 per month. If the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs the rate of compensation under this subsection shall be $47 per month.".

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