NON-SERVICE-CONNECTED PENSION LEGISLATION TUESDAY, JULY 11, 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 162 bills relating to nonservice-connected pensions. Without objection I will insert at this point in the record the text of these proposals, together with VA reports thereon as well as certain pertinent information prepared by the staff. (The documents referred to follow:) 1065 PENSIONS FOR VETERANS AND THEIR DEPENDENTS EXPLANATION OF LAWS GOVERNING NON-SERVICE-CONNECTED PENSION FOR VETERANS OF WORLD WARS I, II, OR KOREAN CONFLICT AND THEIR WIDOWS Under existing law (chapter 15, title 38, U.S. Code), veterans of World War I, World War II, or the Korean conflict, as well as their widows and children, are eligible for pension if they meet the requirements outlined below. Pension is payable to a veteran who served in the active military or naval service for 90 days or more during the applicable war period and who was discharged therefrom under conditions other than dishonorable, or who, having served less than 90 days, was discharged for disability incurred in service in line of duty. The veteran must be suffering from non-service-connected permanent and total disability not incurred as a result of his own willful misconduct or vicious habits, and he must meet certain limitations as to annual income. Section 502 of Title 38, United States Code, entitled "Determinations with respect to disability," is quoted as follows: "(a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if he is suffering from— “(1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or "(2) any disease or disorder determined by the Administrator to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. "(b) For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if he is helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person." In the administration of the aforementioned provisions the determination of permanent and total disability is made on a very liberal basis. Such a rating is granted (where the requirement of permanence is met) when there is a single disability of 60 percent or two or more disabilities one of which is 40 percent in degree, combined with other disability or disabilities to a total of 70 percent, and unemployability is attributed thereto. Although age alone is not considered as a basis for entitlement to pension, it is considered in association with disability and unemployability in determining permanent and total disability. The aforementioned percentage requirements are reduced on attainment of age 55 to a 60 percent rating for one or more disabilities, with no percentage requirement for any one disability; at age 60 to a 50-percent rating for one or more disabilities; and at age 65 to one disability ratable at 10 percent or more. When these reduced percentage requirements are met and the disability or disabilities involved are of a permanent nature, a permanent and total disability rating is assigned, if the veteran is determined to be unable to secure and follow substantial gainful employment by reason of such disability. Pension for non-service-connected death is payable to widows and children of deceased veterans who met the service requirements previously stated or who at death were receiving or entitled to receive compensation or retirement pay for service-connected disability. The rate of pension is subject to annual income limitations. These limitations, other eligibility requirements, and the rates payable are set forth in tables which follow. The rate of pension for veterans prior to enactment of Public Law 86-211 was $66.15 per month, except that where the veteran had been rated permanently and totally disabled and had been in receipt of pension for a continuous period of 10 years or reached the age of 65 years and was permanently and totally disabled (10 percent or more disabled and unemployable by reason of his disability), the rate was $78.75 per month. A rate of $135.45 per month was authorized in the case of an otherwise eligible veteran who was helpless or blind or so nearly helpless or blind as to need or require the regular aid and attendance of another person. Such pension was not payable to any unmarried person whose annual income exceeded $1,400 or to any married person or any person with minor children whose annual income exceeded $2,700. These income limitations also applied in the case of a widow; however, it was not required that she be disabled, only that her deceased husband met the service requirement (generally 90 days). In the case of widows of World War II or Korean conflict veterans, the veteran must have had a service-connected disability (a requirement which was removed with enactment of Public Law 86-211). The rate of pension for a widow alone was $50.40 or, for a widow with one child $63, with an additional amount of $7.56 for each additional child. Since Public Law 86-211 provided that those on the pension rolls on June 30, 1960, might elect to remain on the rolls under provisions of law in effect on that date, many persons remain on the pension rolls at the rates and with the income limitations mentioned above. Requirements of law relating to disability and unemployability of veterans were unchanged by enactment of Public Law 86-211, and the income limitations and rates provided by that law appear on the pages which follow. (The above statement and the material which follows is based upon provisions of Title 38, United States Code, which defines the following terms pertinent to this pamphlet.) DEFINITIONS The term "pension" means a monthly payment made by the Administrator to a veteran because of service, age, or non-service-connected disability, or to a widow or child of a veteran because of the non-service-connected death of the veteran. The term "non-service-connected" means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. The term "World War I" (A) means the period beginning on April 6, 1917, and ending on November 11, 1918, and (B) in the case of a veteran who served with the U.8. military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920. In the case of any veteran who served during the period in (A), includes the period after November 11, 1918, and before July 2, 1921, for pension purposes. The term "World War II" means *** the period beginning on December 7, 1941, and The term "Korean conflict" means the period beginning on June 27, 1950, and ending on CHARACTERISTICS OF WORLD WAR I VETERANS' SERVICE AND BENEFITS Participants: PARTICIPATION, LENGTH AND TYPE OF SERVICE There were 4,744,000 participants in World War I (service between April 6, 1917, and November 11, 1918, or approximately 1 year and 7 months '). By comparison, World War II' extended over a period of 7 years, with 16,535,000 participants, and the Korean conflict over a period of 4 years, with 6,807,000 participants, and 1,476,000 persons served in both World War II and Korea. Service Overseas: Approximately 50 percent of the participants in World War I served overseas, or about 2,372,000. In the case of World War II, approximately 77 percent, or 12,841,950, saw overseas service; and in the case of the Korean conflict veteran 59 percent, or 4,016,140 persons served overseas. Length of Service: The average veteran of World War I served for 12 months; however, 345,000 had less than 6 months' service. World War II veterans, on the other hand, averaged 30 months of service, and Korean conflict veterans 23 months, with almost a million and a half veterans serving in both wars. Casualties: A total of 577,000 deaths occurred in service in the three wars (World War I, World War II, and Korean conflict). Of this total, 116,000 (20 percent), occurred in World War I; 406,000 (71 percent) occurred in World War II; and 55,000 (9 percent), occurred in Korea. A total of 978,000 received nonfatal wounds in action, and of this total 204,000 (21 percent), occurred in World War I; 671,000 (69 percent), in World War II; and 103,000 (10 percent), in the Korean conflict. LIVING VETERANS AND BENEFITS RECEIVED As of April 1961, there were 22,425,000 living veterans of all wars. This group consists of 5,522,000 veterans of the Korean conflict (4,534,000 with service only in Korea and 988,000 with service in both World War II and Korea); 15,166,000 veterans of World War II; 2,583,000 veterans of World War I; and a balance of 142,000 who are veterans of other wars. Expressed in percentages, approximately 11 percent of all living veterans are veterans of World War I, 24 percent are veterans of the Korean conflict, and 67 percent are veterans of World War II. Age: Age and Income of Veteran Population As of June 30, 1960, the average age for all veterans of all wars was 41.7 years. Average ages for veterans of the various wars follow: Korean conflict (with World War II service), 30.6 years— (without World War II service), 28.9 years; World War II, 41.1 years; World War I, 66.2 years; Spanish-American War, 82.6 years; and Indian Wars, 91.1 years. The last veteran of the Revolutionary War, which ended in 1783, died in 1869, and the last dependent of that war died in 1906. The last veteran of the War of 1812, which ended in 1814, died in 1905, and the last dependent of that war in 1946. The last veteran of the Mexican War, which ended in 1848, died in 1929. The last veteran of the Union Forces in the Civil War died in 1956, and on June 30, 1960, there remained 3,164 widows and 749 children of veterans of that war (both Confederate and Union Forces), on the pension or compensation rolls. There were 106,000 participants in the Indian Wars, which ended in 1898, and 44 of these veterans were still living on June 30, 1960. There were 392,000 participants in the SpanishAmerican War, which ended in 1902, and on June 30, 1960, 36,000 veterans of that war were still 1 Except for those who served in Russia during the period Apr. 6, 1917, through Apr. 1, 1920. Sept. 16, 1940, through July 25, 1947. |