[No. 222] COMMITTEE ON VETERANS' AFFAIRS, HOUSE OF REPRESENTATIVES VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Washington 25, D. C., March 29, 1954. Hon. EDITH NOURSE ROGERS, Chairman, Committee on Veterans' Affairs, House of Representatives, Washington 25, D. C. DEAR MRS. ROGERS: This is in reply to your letter requesting a report by the Veterans' Administration relative to H. R. 7705, 83d Congress, a bill to provide that pension for non-service-connected permanent and total disability may be paid to single veterans who have a dependent parent, and whose annual income does not exceed $2,700. The purpose of the bill is to make the greater annual income limitation ($2,700) governing the payment of pension for non-serviceconnected permanent and total disability, under part III of Veterans Regulation No. 1 (a), as amended, applicable to an otherwise eligible veteran who has a dependent mother or father. Under the mentioned part III, veterans of World War I, World War II, or of service in the Armed Forces of the United States on or after June 27, 1950, and prior to such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress are eligible, subject to specified requirements, to pension for permanent total non-service-connected disability. The pension rates are $63 per month, or $75 if the veteran has received the basic rate for a continuous period of 10 years or reaches the age of 65. A rate of $129 per month is authorized in the case of an otherwise eligible veteran who is, on account of age or physical or mental disability, helpless or blind or so nearly helpless or blind as to need or require the regular aid or attendance of another person. Payment cannot be made if the veteran's annual income exceeds $1,400 if he is unmarried, or $2,700 if married or with minor children. Section 1 of H. R. 7705, if enacted into law, would introduce an entirely new factor by making the $2,700 limitation applicable to a case where the veteran has a dependent mother or father, even though unmarried and without children. Section 2 of H. R. 7705 states that the provisions of the bill shall take effect on the first day of the second month after its enactment. It provides that pension shall not be paid to any person whose eligibility for pension is established solely by virtue of the bill for any period prior to the effective date thereof. It may be noted that the enactment of H. R. 7705 would require a factual determination in each claim of a living veteran with reference to whether he has a mother or father actually dependent, as distinguished from the present situation where a mere showing of relationship is sufficient, namely that there is a wife or child. Whether dependent parents should be recognized as entitling the veteran to more liberal consideration in connection with the part III pension is a matter of policy concerning the extent of the Government's obligation to this class in providing non-service-connected benefits. Attention is invited to the fact that while compensation is presently provided for dependent parents based on service-connected death of the veteran, there is no comparable provision for pension in their favor based on non-service-connected death. Further, it is noted that veterans entitled to compensation for service-connected disability of at least 50 percent are paid additional compensation for, among others, a dependent mother or father. There is for consideration what precedential effect the enactment of H. R. 7705 might have with respect to requests to make the $2,700 annual income limitation in question applicable to veterans who have other dependent relatives. It might also be urged as a precedent for applying the $2,700 limitation, governing the payment of death pension under the act of June 28, 1934 (48 Stat. 1281), as amended and extended, to widows who have a mother or father or other relative dependent upon them for support. The bill could also serve as a precedent for legislation granting death pension benefits to dependent parents. It is not possible to furnish an estimate of the cost of the bill, if enacted, inasmuch as there are no records available as to the number of single veterans who have a dependent mother or father and who might become eligible for benefits under the provisions of the bill. As the bill could be a precedent for costly legislation, I am unable to recommend its favorable consideration by the committee. Advice has been received from the Bureau of the Budget that there would be no objection to the submission of this unfavorable report to the committee. Sincerely yours, H. V. HIGLEY, Administrator. [No. 223] COMMITTEE ON VETERANS' AFFAIRS, HOUSE OF REPRESENTATIVES VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Hon. EDITH NOURSE ROGERS, Washington 25, D. C., March 29, 1954. Chairman, Committee on Veterans' Affairs, House of Representatives, Washington 25, D. C. DEAR MRS. ROGERS: This is in reply to your request for a report by the Veterans' Administration on H. R. 7712, 83d Congress, a bill to amend the veterans regulations to provide an increased statutory rate of compensation for veterans suffering the loss or loss of use of an eye in combination with the loss or loss of use of a limb. The purpose of the bill is to amend the present law to add the anatomical loss, or loss of use of one hand or one foot, combined with blindness in one eye, having only light perception, to the list of combinations of specific disabilities for which a special rate of compensation ($266 per month) is presently provided under subparagraph (1) of paragraph II, part I, Veterans Regulation No. 1 (a), as amended. In the event of enactment the bill would be effective as of the first day of the first month following date of enactment. The monthly wartime disability compensation rates under Public, No. 2, 73d Congress, and the veterans regulations, range from $15.75 for 10 percent disability to $172.50 for 100 percent or total disability with special rates up to $400 for combinations of specific disabilities. Peacetime rates (with the exception of certain service for which the wartime rates are payable) are 80 percent of the wartime rates. The combinations of specific disabilities for which the rate of $266 per month is provided under subparagraph (1) above mentioned are the anatomical loss, or loss of use of both hands, or both feet, or of 1 hand and 1 foot, or blindness of both eyes, with 5/200 visual acuity or less. These combinations of specific disabilities are generally recognized as causing a permanent total disability which normally requires the regular aid and attendance of another person, and are compensated at a rate equivalent to the rate provided for those who are permanently bedridden or so helpless as to be in need of regular aid and attendance. The World War Veterans' Act, 1924, as amended, provided a rate of $100 monthly for total permanent disability and an additional sum of $50 monthly if the disabled person was so helpless as to be in need of a nurse or attendant. The act provided a statutory total permanent disability rating for the loss or loss of use of 1 hand or 1 foot with blindness of 1 eye. However, these conditions of themselves have generally not been considered as requiring regular aid and attendance and have not been paid the additional allowance for a nurse or attendant. The $50 allowance was, however, generally paid to persons having lost, or lost the use of both hands, or both feet, or of both eyes, or of 1 foot and 1 hand. Under Public Law 2, 73d Congress, and Veterans Regulation No. 1 (a), as amended, the rates for permanent total disability and for disability causing need for regular aid and attendance were combined into 1 rate of $150 (now $266), and this rate was made applicable to the 4 combinations presently included in subparagraph (1), supra, namely, the anatomical loss or loss of use of both hands, or both feet, or of 1 hand and 1 foot, or blindness in both eyes, with 5/200 visual acuity or less. This rate was not provided for the loss or loss of use of 1 hand and 1 eye or 1 foot and 1 eye because, as indicated, such losses generally do not require the regular aid and attendance of another person. The bill, if enacted, would provide the same rate of compensation for veterans who generally do not require regular aid and attendance as is now provided for those who do require regular aid and attendance. The basic rates of compensation for service-connected disability under the act of March 20, 1933, and the veterans regulations issued pursuant thereto, are based generally on the theory that the amount of compensation payable should be proportionate to the degree of disability resulting from injury or disease. The authorizing of special rates of compensation in excess of those prescrbed according to the degree of disability involves a policy which is primarily for determination by the Congress. But it must be recognized that in the absence of a medical or other sound basis for such special awards they create inequities and are difficult to justify. The Veterans' Administration does not have available data on which to base an estimate of the cost of the bill, if enacted. It is believed that the basic principle that the amount of compensation payable should be proportionate to the extent of disability is sound and that legislative proposals to make additional exceptions, if favorably acted upon, may contribute to adverse criticism and possible impairment of the compensation program. Accordingly, the Veterans' Administration is unable to recommend favorable consideration of H. R. 7712 by your committee. Advice has been received from the Bureau of the Budget that there is no objection to the presentation of this unfavorable report on H. R. 7712 to the committee. Sincerely yours, H. V. HIGLEY, Administrator. [No. 224] COMMITTEE ON VETERANS' AFFAIRS, HOUSE OF REPRESENTATIVES VETERANS' ADMINISTRATION, OFFICE OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, Washington 25, D. C., March 29, 1954. Hon. EDITH NOURSE ROGERS, Chairman, Committee on Veterans' Affairs, House of Representatives, Washington 25, D. C. DEAR MRS. ROGERS: This is in reply to your request for a report on H. R. 7783, 83d Congress, a bill to provide equal pension or compensation benefits to all veterans disabled in the military service, and for other purposes. The purpose of the bill is to eliminate distinction between the rates of compensation payable for wartime and peacetime service; to entitle nurses and civilian employees in the Army, Navy, or Air Force, and their dependents, to veterans' benefits; to provide a presumption of soundness for all persons in active service for 6 or more months except for defects noted or where there is clear and unmistakable evidence to show an unsound condition prior to enlistment; to prescribe rules of evidence binding on administrative officials, judges, and juries; to prescribe a new rule on the weight of evidence which would require proof of the negative by an abundance of clear and unmistakable evidence; to make the statements of a private physician or two lay witnesses sufficient proof of service-connection except where such evidence is refuted by clear and unmistakable evidence; to authorize retroactive payments of compensation and pension from the date of discharge or from the date when the testimony of two or more witnesses shows that disability existed to such a noticeable degree that it should have been a matter of record; to authorize upon application the reopening of any claim previously filed and rejected for reconsideration in harmony with the provisions of the bill; to authorize a claimant and his attorney to inspect the file and records and to copy the evidence in the file; to authorize suit in the district court of the United States wherein the claimant or his attorney resides, or in an adjoining district, if dissatisfied with the final decision of the Board of Veterans' Appeals; to provide such suit may be tried by a jury; to make the judgment of the court final and binding on both the claimant and the defendant except where obvious error is shown or new and material evidence is secured; to provide that the Veterans' Administration shall pay the attorney's fee in such amount as the court deems reasonable, if the plaintiff is successful, and also to pay an attorney's fee to plaintiff's attorney in cases in which the plaintiff is unsuccessful if, in the court's opinion, there was reasonable and probable cause for bringing suit and the claimant's attorney had good cause to believe in the merits of the claim; and to provide that where the provisions of the bill and any prior act are in conflict, the provisions of the bill shall be the rule of law and procedure. Comments on the mentioned purposes are contained in the sections of the bill under which such purposes are proposed. Section 2 of the bill provides that any person who served in the military forces of the United States in the Army, Navy, or Air Force (or as a nurse or civilian employee), who is suffering from any disability which is attributable to such service, shall be eligible to receive the same and equal monetary benefits as pension or compensation as are now provided for veterans of the world wars and with the same and equal benefits to their dependents. Under this section all veterans and their dependents would be entitled to compensation at wartime rates even though the veteran served in time of peace only. This would be a departure from the long-established policy of the Congress to provide compensation at a greater rate for disability or death incurred in active service during a period of war than is provided for similar disability or death incurred during service in time of peace. It would establish a new policy by granting peacetime veterans and nurses and civilian employees in the Army, Navy, or Air Force the same compensation and pension benefits as are provided for veterans who served in the world wars. Civil-service employees of the Army, Navy, or Air Force are presently eligible to benefits for disabilities incurred in Federal civilian employment under laws administered by the Bureau of Employees' Compensation. The bill makes no provision for nonpayment of concurrent benefits to civilian employees by the Bureau of Employees' Compensation and the Veterans' Administration. Section 3 of the bill provides that all persons in service for 6 months or more shall be presumed to have been in a sound condition at enlistment, except for defects noted or where there is clear and unmistakable evidence to show an unsound condition existed prior to enlistment; that two or more medical statements designating the diagnosis and medical opinion as to causative origin and stating whether the disability is reasonably attributable to military service shall be deemed sufficient evidence to establish the eligibility of the claim except where such proof is refuted by an abundance of clear |