2 1 per month. Such compensation shall be in addition to any 2 other compensation provided in this section." [No. 79] COMMITTEE ON VETERANS' AFFAIRS, U.S. SENATE GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE, Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: In accordance with your request, the provisions of S. 799, 93d Congress, a bill to provide adjustment assistance to Vietnam era prisoners of war, have been reviewed. The bill would amend section 314 of title 38, relating to rates of wartime disability compensation to add a new subsection (t) which would establish a conclusive presumption that any person who was detained as a prisoner of war by the Government of North Vietnam or any other hostile government or group in Indochina, is disabled and entitled to disability compensation. The rate of compensation would be $10 per month for each year or portion thereof, that such a person was detained as a prisoner of war, subject to a maximum limit of $200 monthly. Inasmuch as the administration and payment of disability compensation is under the jurisdiction of the Veterans' Administration, the Department of Defense recommends that the views of that agency also be secured as to the merits of this proposal. However, the Department of Defense has a deep concern for the welfare and benefits provided for all members of the Armed Forces and their dependents and accordingly, has devoted considerable attention to the matter of the special treatment which has been proposed for repatriated prisoners of war. The Department of Defense is acutely aware of the physical hardships, privations, and mental anguish experienced during the period of their captivity by persons who were prisoners of war during the Vietnam period. Their families also experienced agony and uncertainty over the welfare and treatment of their husbands, sons, fathers, or brothers, as the case may be. During the period of captivity of those who were prisoners of war during the Vietnam hostilities, the Department of Defense and the Congress have taken many actions to aid the families of the absent member and to provide for the day when the member and his family would be reunited. During the member's absence, his pay and allowances continued to be payable and he continued to be promoted along with his contemporaries. To the extent that it was possible to do so, the member's financial situation and the physical needs of his family were provided for in the same manner as the member would have provided for such needs had he been present. More has been done in monetary ways to aid the Vietnam prisoners of war than has ever been done before in our history for members of our Armed Forces. It must be recognized, however, that regardless of these actions, it will never be possible to fully compensate in a material way for the hardships and the privations experienced by prisoners of war and their families. While recognizing the adversities experienced by prisoners of war, the Department of Defense and the Nation should not lose sight of those others who have served their country in the Armed Forces, including those who died, as well as those who have suffered major disability in the course of their service. They have also suffered and are entitled to the gratitude of the Nation for the contributions they have made and the losses they have suffered. The Department of Defense believes that to the extent that material benefits can compensate for the hardships and privations suffered by prisoners of war and their families, those benefits have already been provided. Those particular benefits together with the wide range of benefits available generally to other veterans of service in the Armed Forces, will to the extent possible enable retired prisoners of war to resume their rightful place in the American society. For these reasons, the Department of Defense would not favor enactment of S. 799. The Office of Management and Budget advises that, from the standpoint of the administration's program, there is no objection to the submission of this report for the consideration of the committee. Sincerely, L. NIEDERLEHNER, Acting General Counsel. [No. 84] COMMITTEE ON VETERANS' AFFAIRS, U.S. SENATE VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Hon. VANCE HARTKE, Chairman, Committee on Veterans' Affairs, DEAR MR. CHAIRMAN: We are pleased to respond to your request for a report on S. 799, 93d Congress. According to its title, the bill proposes "adjustment assistance” to Vietnam era prisoners of war. Specifically, it would deem them to have a service-connected disability within the meaning of section 310 of title 38, United States Code, providing for disability compensation. Without regard to disability, a special rate of compensation would be authorized-$40 monthly for each year, or portion thereof, that the individual was detained as a prisoner of war, not to exceed $200 per month. Such compensation would be in addition to compensation for disability payable by the Veterans' Administration. Under current law, the Administrator of Veterans' Affairs is required to adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combinations of injuries. The law provides that the ratings shall be based, as far as practicable, upon the average impairment of earning capacity resulting from such injuries in civil occupations. Under existing Veterans' Administration procedures for evaluating the disability resulting from injuries and diseases, the rating assigned to disabled veterans, including former prisoners of war, are based on the extent or severity of the disabling manifestations in the individual case. Former prisoners of war are given special consideration under the laws administered by the Veterans' Administration and our regulations and directives also contain liberal provisions with respect to the claim of any such person for disability compensation or other benefits based on service-incurred or service-aggravated disability. Section 354(a), title 38, U.S. Code, requires that in the adjudication of serviceconnection for any disability, due consideration will be given to the places, types and circumstances of service. Section 354 (b) provides liberalized criteria for determining service-connection of any disease or injury for those veterans who engaged in combat with the enemy. Also, section 312(c) of said title 38, provides that in the case of any veteran who while a prisoner of war suffered from dietary deficiencies, forced labor, or inhumane treatment, certain diseases or psychosis manifested within a prescribed period after such service, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service for purposes of disability compensation. Veterans' Administration regulations emphasizing the liberality which is accorded prisoner of war cases include, for example, a provision that the development of symptomatic manifestations of a preexisting injury or disease during or closely following a status as a prisoner of war will establish aggravation. Physical examinations of former prisoners of war are conducted with particular thoroughness and all disabilities common to prisoners of war are searched for even when no specific complaint is made. Veterans' Administration instructions provide that in the evaluation of disabilities resulting from, or incident to, military service great weight must be assigned to imprisonment or internment under unsanitary conditions or to food deprivation in the service-connection of dysentery and other gastrointestinal diseases. All of these considerations permit the Veterans' Administration to reach an equitable decision on the basis of the facts of each case, with any reasonable doubt resolved in favor of the former prisoner of war. S. 799 would create an exception to the statutory requirement that ratings shall be based, as far as can be practicably determined, on impairment of earning capacity. It would be discriminatory against all other veterans whose disabilities are rated in accordance with that concept. Since the bill applies only to Vietnam era prisoners of war, it would also discriminate against former prisoners of other war periods. The Veterans' Administration believes that special consideration should be given to former prisoners of war, and strives to assure that they will receive compensation and other benefits in full measure under existing law. The Veterans' Administration does not think, however, the fact that a veteran was a prisoner of war, standing alone, justifies a guaranteed disability rating (contrary to fact) which would be compensable at up to $200 monthly. Moreover, since the proposed bill has nothing to do with the veteran's disability, it would be improper to interject into the disability compensation program monetary benefits"adjustment assistance"-as proposed by this measure. Based on Department of Defense data on the 566 Vietnam era prisoners of war who have been released, it is estimated that the cost of S. 799, if enacted, would be in the magnitude of $1.2 million per year. In the light of all of the foregoing, the Veterans' Administration opposes enactment of S. 799. Advice has been received from the Office of Management and Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, 32-022 - 74-6 |