Miscellaneous Compensation Legislation

MISCELLANEOUS COMPENSATION LEGISLATION

TUESDAY, APRIL 25, 1961

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 consider all the bills pending before the committee which relate to service-connected disability and death. Without objection I will insert at this point in the record the text of the various bills pending before us together with the several Veterans' Administration reports which have been received thereon and other material pertinent to this hearing.

(The information referred to follows:)

[H.R. 109, 87th Cong., 1st Sess.]

A BILL To amend section 311 of title 38, United States Code, so as to afford a conclusive presumption of soundness under certain conditions in wartime cases

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 311 of title 38, United States Code, is amended by substituting a colon for the period at the end thereof and adding the following: "Provided, That any disability acquired, appearing, or recurring in the active military, naval, or air service during a period of war or the Korean conflict after the veteran has continuously served for ninety days therein shall be conclusively presumed to have been incurred in or aggravated by such service except as to obvious patent defects."

[H.R. 128, 87th Cong., 1st Sess.]

A BILL To amend section 410 of title 38, United States Code, to provide that all retired members of the uniformed services who served not less than twenty years on active duty, or who were retired for disability in excess of 50 per centum, and who die after 1956 shall be considered to have died service-connected deaths Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sentence of section 410(a) of title 38, United States Code, is amended by inserting immediately before the period at the end thereof the following: "; however, where the veteran was granted retired pay, retirement pay, or retainer pay, his death shall be considered to have been service-connected if—

"(1) he served on active duty for not less than twenty years; or

"(2) he was placed on the retired list because of disability 50 per centum or more in degree disabling."

[H.R. 704, 87th Cong., 1st sess.]

BILL To amend section 312, title 38, United States Code, to establish a presumption of service connection for chronic and tropical diseases becoming manifest within three years from separation from service

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 (a) by striking out from items (1) and (2) the words "one year" and inserting in lieu thereof the words "three years"; and (b) by striking out items (3) and (4) thereof.

579

[H.R. 852, 87th Cong., 1st sess.]

A BILL To amend chapter 3 of title 38, United States Code, to authorize the Administrator of Veterans' Affairs to establish medical advisory panels to resolve conflicts of evidence in questions involving service connection of disabilities or deaths

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 3 of title 38, United States Code, is amended by adding immediately after section 217 the following:

"§ 218. Medical advisory panels

"(a) The Administrator is authorized to employ experts or consultants on a temporary or intermittent basis, in accordance with section 55a of title 5, to serve on panels for the purpose of rendering opinions to him with respect to the question of whether or not a disability or death is service connected, in cases where the Administrator has found that there is material doubt or material conflict of medical evidence on such question. No person may be a member of any such panel unless he is a member of a board or section referred to in subsection (b). "(b)(1) The boards referred to in subsection (a) are the following American Specialty Boards:

(A) American Board of Anesthesiology

(B) American Board of Dermatology

"(D) Sub-Specialty Board-Allergy

(E) Sub-Specialty Board-Gastroenterology

"(F) Sub-Specialty Board-Pulmonary Diseases

"(G) The American Board of Obstetrics and Gynecology

(H) American Board of Ophthalmology

"(I) American Board of Orthopedic Surgery

"(J) American Board of Otolaryngology

"(K) American Board of Pathology

"(2) The sections referred to in subsection (a) are the following Medical Specialty Sections:

"(A) Anesthesiology

"(B) Dermatology

"(C) Diseases of the Chest

"(D) Experimental Medicine and Therapeutics

(E) Gastroenterology and Proctology

(F) General Practice

General Surgery

'(H) Internal Medicine

"(I) Laryngology, Otology, and Rhinology

"(J) Military Medicine

(K) Nervous and Mental Diseases

(L) Obstetrics and Gynecology

(M) Ophthalmology

"(N) Orthopedic Surgery

(O) Pathology and Physiology

(P) Pediatrics

"(Q) Physical Medicine

"(R) Preventive Medicine

(S) Radiology

"(T) Urology.'

(b) The analysis of such chapter 3 is amended by inserting immediately below

"217. Medical advisory panels."

the following:

"218. Medical advisory panels."

[H.R. 863, 87th Cong., 1st Sess.]

A BILL To amend section 314(k) of title 38, United States Code, to provide additional compensation to veterans whose life span has been reduced five or more years by serious service-connected disabilities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 314(k) of title 38, United States Code, is amended (1) by inserting immediately after "light perception" each time it appears the following: or has been determined by the Administrator to have suffered a reduction of not less than five years in his otherwise expected

life span by reason of service-connected disability rated 60 per centum or more in degree"; (2) by inserting immediately after "each such loss or loss of use" the following: "and for the reduction in his expected life span".

SEC. 2. Section 355 of title 38, United States Code, is amended by inserting the subsection designation "(a)" immediately before "The Administrator" and by adding at the end thereof the following:

"(b) For the purposes of section 314(k) of this title, the Administrator shall determine the reduction in life span of any veteran attributable to his serviceconnected disabilities on the basis of such actuarial tables as the Administrator may from time to time prescribe, computed as of the date of the veteran's birthday nearest the date of application for benefits for such reduction."

[H.R. 864, 87th Cong., 1st Sess.]

A BILL To amend chapter 11 of title 38, United States Code, to provide for payment to veterans suffering from seriously disabling service-connected disabilities a lump-sum settlement as compensation for the reduction in their expected lifespan attributable to such disabilities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following: "§ 316. Compensation for reduction in life expectancy

"Where a veteran is entitled to compensation at the rates provided under this subchapter for a service-connected disability, or combination of disabilities, which are permanent in nature and are 60 per centum or more in degree disabling, the Administrator shall pay to such veteran in a lump sum an amount equal to the sum derived by multiplying $150 by the number of months (including a fraction of a month as a whole month) of the reduction in the expected life of the veteran (determined on the basis of such actuarial tables as the Administrator may from time to time prescribe) attributable to the veteran's serviceconnected disabilities, determined as of the date of the veteran's birthday nearest the date of application therefor."

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

"§ 337. Compensation for reduction in life expectancy

"Where a veteran is entitled to compensation under this subchapter or under section 351 of this title for a service-connected disability, or combination of disabilities, which are permanent in nature and are 60 per centum or more in degree disabling, then unless section 316 applies, the Administrator shall pay to such veteran in a lump sum an amount equal to the sum derived by multiplying $120 by the number of months (including a fraction of a month as a whole month) of the reduction in the expected life of the veteran (determined on the basis of such actuarial tables as the Administrator may from time to time prescribe) attributable to the veteran's service-connected disabilities, determined as of the date of the veteran's birthday nearest the date of application therefor.”

SEC. 3. (a) The analysis of such chapter 11 is amended by inserting immediately below

"315. Additional compensation for dependents."

the following:

"316. Compensation for reduction in life expectancy."

(b) Such analysis is further amended by inserting immediately below "336. Conditions under which wartime rates payable."

the following:

"337. Com, ensation o reduction in life expectancy."

[H.R. 865, 87th Cong. 1st Sess.]

A BILL To amend chapter 11 of title 38, United States Code, to provide additional disability compensation for seriously disabled veterans as partial compensation for the reduction in their life expectancy because of their disabilities

"(a) As partial compensation for the reduction in life expectancy of seriously disabled veterans, the Administrator shall pay additional compensation at the rates prescribed by this section to veterans suffering from the following disabilities:

"(1) $150 per month for the following disabilities, rated as 60 per centum or more disabling:

"(A) Cancer of the stomach (except localized), esophagus, pancreas, lung, or bronchus;

"(B) Cancer of any site with remote metastases;

"(C) Acute lymphatic leukemia, acute and chronic myeloid leukemia, or monocytic leukemia;

"(D) Multiple myeloma.

"(2) $100 per month for the following disabilities, rated as 60 per centum or more disabling:

"(A) Cancer of the stomach (localized), brain or other parts of the central nervous system;

"(B) Cancer of any site with regional metastases;

"(C) Hodgkins disease;

"(D) Lymphosarcoma;

"(E) Reticulosarcoma;

"(F) Chronic lymphatic leukemia.

"(3) $75 per month for the following disabilities, rated as 60 per centum or more disabling:

"(A) Localized cancer of the bladder, prostate, kidney, large intestine, or tongue;

(B) Cancer of the larynx or of soft tissue;

(D) Hypertensive heart disease with renal or cerebral involvement; "(E) Rheumatic heart disease;

(F) Bacterial endocarditis.

"(4) $50 per month for the following disabilities, rated as 60 per centum or more disabling:

"(A) Cancer of the buccal cavity (localized), lip, breast (women),. testes, thyroid, ovary (localized), or uterus (localized);

"(B) Diabetes mellitus;

"(C) Uncomplicated arteriosclerotic heart disease;

"(D) Uncomplicated hypertensive heart disease;

Coronary occlusion-myocardial infarction;
Adhesive pericarditis;

(G) Hypertensive vascular disease;

(H) Chronic nephritis;

(I) Nephrosclerosis;

(J) Removal of one kidney with pathology of other kidney; (K) Chronic pyelonephritis;

"(L) Hydronephrosis, severe, with infection or involvement of other kidney.

"(b) The Administrator is authorized to add diseases or disabilities to those listed in paragraphs (1) through (4) of subsection (a) of this section."

SEC. 2. (a) Section 334 of title 38, United States Code, is amended by striking out "section 314" and inserting in lieu thereof the following: "sections 314 and 316".

(b) Section 336 of title 38, United States Code, is amended by striking out "and 315” and inserting in lieu thereof the following: ", 315, and 316".

[H.R. 875, 87th Cong., 1st Sess.]

A BILL To amend section 312(4) of title 38, United States Code, to provide that multiple sclerosis developing a 10 per centum or more degree of disability within seven years after separation from active service 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(4) of title 38, United States Code, is amended by striking out "three" and inserting in lieu thereof "seven".

[H.R. 876, 87th Cong., 1st Sess.]

A BILL To amend section 312 of title 38, United States Code, by providing a two year presumptive period of service connection for the psychoses which develop within two years from the date of separation from active service

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 after subparagraph (5) a new subparagraph "(6)" or otherwise appropriately numbered, reading as follows: "the psychoses developing a 10 per centum degree of disability or more within two years from the date of separation from such service;"' with the section (312) concluding as follows: "shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service."

[H.R. 877, 87th Cong., 1st Sess.]

A BILL To amend section 312 of title 38, United States Code, by providing a two-year presumptive period of service connection for malignant tumors (cancer) which develop within two years from the date of separation from active service

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 after subparagraph 5 a new subparagraph "(6)" reading as follows: "malignant tumors (cancer) developing a 10 per centum degree of disability or more within two years from the date of separation from such service;" with the section (312) concluding as follows: "shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service."

[H.R. 878, 87th Cong., 1st Sess.]]

A BILL To amend section 523(b), chapter 15, of title 38 of the United States Code to enable certain per manently and totally disabled veterans to receive the full rate of disability compensation found payable for their wartime service-connected disabilities, and also a proportionate amount of disability pension under a specified formula

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 523(b) of chapter 15, title 38, United States Code, be amended by deleting the period at the end of that subparagraph and adding the following language: "except that where the compensation rating is 10 per centum or more, but not in excess of 90 per centum, the Administrator shall award him the full amount of disability compensation payable and, in addition, a proportionate share of the total pension otherwise in order as determined under the following formula: Deduct from 100 per centum the compensation rating evaluation, the result representing the percentage of pension payable in the case."

[H.R. 879, 87th Cong., 1st Sess.]

A BILL To increase rates of wartime disability compensation by amending section 314(a) through (j) of title 38, United States Code

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 314 of title 38, United States Code, is amended by substituting the following figures for those shown in the subsections of section 314, title 38, United States Code, herein below indicated: In subsection (a) substitute $22 for $19; in subsection (b) substitute $41 for $36; in subsection

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Miscellaneous Compensation Legislation: Hearings, Eighty-seventh Congress ...