STATEMENT OF FRANCIS W. STOVER, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS; ACCOMPANIED BY NORMAN D. JONES, DIRECTOR, NATIONAL REHABILITATION SERVICE; AND Dr. Robert A. BELL, MEDICAL CONSULTANT

Mr. DORN. Our next witness is Mr. Stover, the director of the National Legislative Service of the Veterans of Foreign Wars of the United States.

We appreciate your being here.

Mr. STOVER. Mr. Chairman, it is a pleasure to be here before this distinguished subcommittee. With me are Mr. Norman Jones, our director, National Rehabilitation Service, and Dr. Robert A. Bell, our medical consultant. He is a retired captain of the U.S. Navy Medical Corps and we feel one of the outstanding experts on veterans claims and medical problems in the United States.

Mr. DORN. We are very glad and delighted to have you gentlemen with us. Go right ahead with your statement, Mr. Stover.

Mr. STOVER. Mr. Chairman and members of the subcommittee, may I express my deep appreciation and thanks for the privilege of appearing before this subcommittee to express the views of the Veterans of Foreign Wars of the United States. For the record, the Veterans of Foreign Wars is composed of approximately 1,300,000 members located in over 8,000 posts in every State in the Union, as well as several foreign countries. The principal basis for membership in the VFW is that our members must have served overseas, or in combat during a period of war.

Each year the VFW holds a national convention during which resolutions are adopted pertaining to veterans' rights, benefits, and programs. Highest on the list is always compensation for the service disabled and the survivors of those who died because of serviceincurred injuries or disabilities. The last national convention of the Veterans of Foreign Wars was held in Detroit, Mich., August 21-26, 1960. These resolutions are attached to the copy of the statement which you have before you and it is respectfully requested that they be made a part of my testimony.

Mr. DORN. Without objection, it is so ordered. (Resolutions referred to follow:)

RESOLUTIONS ADOPTED AT THE 61ST ANNUAL CONVENTION OF THE VETERANS OF FOREIGN WARS OF THE UNITED STATES HELD AT DETROIT, MICH., AUGUST 21 THROUGH AUGUST 26, 1960

RESOLUTION 3. COMPENSATION PROGRAM

Be it resolved, by the 61st National Convention of the Veterans of Foreign Wars of the United States, That we seek approval of the following recommendations by administrative changes or legislation, as applicable.

1. Compensation rates, especially for severely disabled veterans, should be increased.

2. Compensation rates for disability incurred in combat should be 20 percent higher than regular wartime rates.

3. Campaigns and expeditions involving hostilities should be classified as "wartime service" for benefit purposes.

4. Psychoses not attributable to willful misconduct should be presumed to be service connected when manifestations thereof were evidenced within 3 years following active duty involving combat experience.

5. Insidious diseases of obscure origin, such as progressive muscular atrophy, be included in the presumptive period applicable to multiple sclerosis.

6. In the absence of certification by the service department of "not in line of duty" the Veterans' Administration should not adversely determine the question of "line of duty," if applicable, particularly in death claims, as the deceased cannot defend himself and the facts which were in his possession, if known, would probably warrant faborable determination.

7. Eligibility to dependency and indemnity compensation should not be precluded in any case because Government life insurance was in force at time of death by waiver of premiums under section 724, title 38, United States Code (formerly sec. 622, NSLI Act).

8. Death compensation rates should be increased to amounts intermediate between the present rates and the higher DIC rates.

9. Death compensation rates should be authorized in any case in which the veteran was permanently disabled by reason of a service-connected disability rated 40 percent or more in severity at time of death.

10. Receipt of lump sum readjustment pay under the provisions of section 265, Armed Forces Reserve Act of 1952, should not bar entitlement to disability compensation based on the same period of service subject to recoupment on the same basis as disability severance pay.

RESOLUTION 41. COMBAT VETERANS' DISABILITIES TO BE DEEMED SERVICE

CONNECTED

Whereas a Commission of the Federal Government, better known as the Bradley Commission, reported that only 25 percent of all money paid to war veterans goes to combat participants; and

Whereas this Federal Commission has made extensive surveys and research into the payment of funds to veterans of all wars: Now, therefore, be it

Resolved, by the 61st National Convention of the Veterans of Foreign Wars of the United States, That we seek to amend the existing provisions of the laws so that veterans who served in a combat unit of the Armed Forces in a combat area and who become disabled in any capacity and for which service connection is granted on such disabilities or ailments in accordance with etiological findings shall be coded as "combat incurred."

RESOLUTION 61. BENEFITS FOR DEPENDENTS

Whereas under the current laws administered by the Veterans' Administration, dependency benefits are payable to those service-connected veterans who have a 50 percent or more degree of disability; and

Whereas any veteran drawing service-connected benefits of 30 percent or more, should be entitled to additional benefits for his or her dependents: Now, therefore, be it

Resolved, by the 61st National Convention of the Veterans of Foreign Wars of the United States, That the present laws and regulations be amended to allow any veteran, who is drawing a service-connected compensation benefit of 30 percent or more, to be entitled to additional benefits for his dependents; and that the dependent benefits now payable be increased by 25 percent.

RESOLUTION 75. AMEND SECTION 31, PUBLIC LAW 141, AND SECTION 351, TITLE 38 UNITED STATES CODE

Whereas, section 31, Public Law 141, and section 351, title 38 United States Code provide that where any veteran suffers or has suffered an injury, or an aggravation of an existing injury, as the result of training, hospitalization, or medical or surgical treatment awarded him under any of the laws granting monetary or other benefits to World War I veterans, or as the result of having submitted to examination under authority of the laws granting monetary or other benefits to World War I veterans, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the benefits of Public Law 2, Public Law 78, and Public Law 141, 73d Congress, shall be awarded in the same manner as if such disability, aggravation, or death were service connected within the meaning of such laws. No benefits under section 351, title 38, United States Code, shall be awarded unless application therefor be filed within 2 years after such injury, aggravation, or such death occurred or after the passage of this act, whichever is the later date. Where the

benefit is payable under section 12, Public Law 866, 76th Congress, application therefore must be made on or after October 17, 1940, and within 2 years after such injury, aggravation, or such death occurred, or after October 17, 1950, whichever is the later date. The benefits of these sections shall be in lieu of the benefits under the act entitled "An act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, as amended; and

Whereas section 2, paragraph 4, Public Law 16 or Public Law 894, provides: Where any person, while following a course of vocational rehabilitation, suffers any injury or aggrevation of any injury, as a result of the pursuit of such course of vocational rehabilitation, and not the result of his or her own willful misconduct, and such injury or aggravation results in additional disability to or death of such person, the benefits under laws applicable to veterans of World War II or Korean service shall be awarded in the same manner and extent as if such disability, aggravation, or death were service connected within the meaning of such laws; except that no benefits under section 2, Public Law 16, or Public Law 894 shall be awarded unless application be made therefor within 2 years after such injury or aggravation was suffered, or such death occurred; and

Whereas that portion of the subject acts, as amended, which states, "No benefits shall be awarded unless application therefor be filed within 2 years after such injury or aggravation,” works a hardship on many veterans since in many cases the residual or such injury does not appear until after the 2-year delimiting period: Now, therefore, be it

Resolved, by the 61st National Convention of the Veterans of Foreign Wars of the United States, That the provisions of the public law be amended to provide that payments shall be made in the same manner as if such disability, aggravation, or death, were service connected within the meaning of the laws where it can be shown at any time through acceptable evidence that such injury or aggravation or death resulted from having submitted to examination or treatment and that the 2-year limitation for filing which now exists be removed.

RESOLUTION NO. 81. AMEND PUBLIC LAW 86–146 (PERMIT RELATIVES SHARE IN ESTATE)

Whereas Public Law 86-146 prohibits close relatives, other than wives and children and parents from sharing in the distribution of accrued VA benefits due an incompetent veteran who dies intestate in a VA hospital or domiciliary home; and

Whereas in many cases, the veteran has no close relatives in the permitted class, but, has been cared for during his lifetime by sisters, brothers, aunts, uncles, nephews, nieces and close friends who have given him the close association and comfort of a relative in the permitted class; now, therefore be it

Resolved, by the 61st National Convention of the Veterans of Foreign Wars of the United States, That Public Law 86-146 be amended to include in the permitted group of beneficiaries other close relatives as indicated above, where such persons can produce evidence to the Veterans' Administration that they expended money, time and effort in providing care and comfort and companionship to the deceased veteran during his lifetime, both prior to and subsequent to his admission to a VA hospital or domiciliary home; and be it further

Resolved, That our Rehabilitation and Legislative Services initiate appropriate legislation in the Congress to accomplish this purpose.

RESOLUTION NO. 85. AMEND SECTION 314K, TITLE 38, UNITED STATES CODE

Whereas, Congress, in the first session of the 86th Congress, considered H.R. 283;

and

Whereas this resolution was a very deserving resolution, referring to those veterans who have loss or loss of use of an eye in combination with loss or loss of use of a limb; and

Whereas this legislation in the 86th Congress was by-passed by the Senate; now, therefore be it

Resolved by the 61st National Convention of the Veterans of Foreign Wars of the United States, That we go on record in requesting that the contents of H.R. 283 be resubmitted to the next session of Congress and that we support this legislation.

RESOLUTION NO. 256. COMPENSATION PROGRAM

Whereas compensation for disabilities incurred in the service is one of the most precious benefits granted by the Congress to veterans; and

Whereas dependency and indemnity compensation to surviving widows, children, and dependent parents of those veterans who died from causes incurred in the service is likewise one of the most previous benefits granted by the Congress; Whereas it has always been the objective of the Veterans of Foreign Wars that compensation rates should be established on a fair and equitable basis with particular regard for the increased cost of living; and

Whereas it has also been one of the longstanding objectives of the Veterans of Foreign Wars that compensation payments should be commensurate with the impairment of earning capacity caused by the service-incurred disability; and

Whereas it has also been one of the longstanding objectives of the Veterans of Foreign Wars that there should be no undue financial burdens or hardships imposed upon the widows, children, and dependent parents of those veterans who died from service-connected reasons: Now, therefore be it

Resolved by the 61st National Convention of the Veterans of Foreign Wars of the United States, That the Congress undertake a comprehensive review of disability compensation for veterans with service-connected disabilities and dependency and indemnity compensation for the surviving widows, children, and dependent parents of those veterans who were killed in the service or have died from serviceconnected causes, with particular emphasis on establishing compensation rates on a fair and equitable basis by taking into account such factors as the continuing increase in the cost of living, impairment of earning capacity resulting from service-connected disabilities, and financial burdens and hardships imposed on survivors of veterans who died from service-connected causes.

Mr. STOVER. Several of these resolutions are longstanding ones with the VFW. One or more of the bills pending before this subcommittee will carry out most of these resolutions. One of particular emphasis to our membership is the bill to increase compensation rates for those veterans whose disabilities were incurred in combat. In addition, the VFW has long urged that benefits for dependents of service-connected veterans should be provided in those cases where the veteran is drawing 30 percent or more disability. The VFW has favored legislation to have the compensation rates increased in all of those cases where there are manifest injustices and inequities, or financial burdens and hardships imposed on veterans because of serious service-connected disabilities.

The VFW, for example, has supported legislation to increase compensation rates in the case of the severely disabled, such as those with deafness in both ears or the loss of or loss of use of an eye in combination with the loss of or loss of use of an extremity. The VFW has always urged that the type of service rendered, particularly combat service, should be a definite factor in determining the compensation rate. Another additional consideration which should be taken into account is the type of disability, such as whether or not it tends to shorten the life of a veteran.

In addition to the above considerations, the VFW supports a general increase in the compensation rates for all veterans who are receiving disability compensation and their survivors who are receiving death compensation or dependency and indemnity compensation. It has been several years since any increase in these rates and the VFW strongly urges an increase at least to match the cost-of-living increase. The latest information would indicate that the cost of living has increased more than 5 percent since the 85th Congress granted an increase in the compensation rates.

This increase of compensation payments for service-disabled and to the survivors of these veterans who were killed or died because of

wartime service is a top priority objective of the VFW for this year.

When our commander in chief, Ted C. Connell of Texas, appeared before this committee on February 7, he summed up his remarks concerning veterans receiving compensation by making this statement: "No one will ever accuse the Congress of being too generous for this group."

Many years have now elapsed since these veterans received their disabilities-the Congress can never make them whole again--but the Congress can be generous in alleviating the hardships and burdens caused by these disabilities.

May I again therefore urge this subcommittee to favorably recommend legislation to increase the overall compensation rates and to make specific adjustments to the present rate structure in keeping with VFW nationally approved resolutions.

That concludes my prepared statement, Mr. Chairman, and I thank you very much.

Mr. DORN. Thank you, Mr. Stover. It is always a pleasure to have you come before us and you always make a fine statement. Thank you very much.

If there is nothing further to come before the committee, the committee will adjourn until 10 o'clock tomorrow morning.

(Whereupon, at 11:30 a.m., the committee recessed to reconvene at 10 o'clock, Wednesday, April 26, 1961.)