COMPENSATION AND PENSION BILLS FOR VETERANS AND THEIR DEPENDENTS THURSDAY, APRIL 1, 1954 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COMPENSATION AND PENSION Washington, D. C. The subcommittee met at 10 a. m., pursuant to call, in room 356, Old House Office Building, Hon. Edmund P. Radwan (chairman of the subcommittee) presiding. Mr. RADWAN. The subcommittee will come to order. This morning we are going to hear from the representatives of the various service organizations, and at this time the Chair will recognize Mr. Miles Kennedy, director of the national legislative commission of the American Legion. STATEMENTS OF MILES KENNEDY, LEGISLATIVE DIRECTOR, THE AMERICAN LEGION; C. W. STEVENS, ASSISTANT DIRECTOR, AND H. D. SHAPIRO, M. D., SENIOR MEDICAL CONSULTANT, NATIONAL REHABILITATION COMMISSION, THE AMERICAN LEGION Mr. KENNEDY. Good morning, Mr. Chairman, and gentlemen of the subcommittee, my name is Miles Kennedy, legislative director of the American Legion. First off, I would like to thank you for giving us the privilege of appearing before you in connection with these bills that are now receiving consideration by your subcommittee. I believe there are 76 bills listed for hearing, and of these there are nine that our witnesses will testify on. I have given Colonel Standish, the clerk of the committee, copies of our statements, and I have with me Mr. Charles W. Stevens, the assistant director of our national rehabilitation commission, and Dr. Hyman D. Shapiro, our senior medical consultant, and Mr. John J. Corcoran, legal consultant of our rehabilitation commission. Mr. Stevens will do most of the testifying. Dr. Shapiro will cover H. R. 6931. Thank you, Mr. Chairman. In order to save time, Mr. Chairman, we will be as brief as possible. STATEMENT BY T. O. KRAABEL, DIRECTOR Mr. KRAABEL. Mr. Chairman, and gentlemen of the subcommittee, I am T. O. Kraabel, director, national rehabilitation commission, the American Legion. With me are my assistant director, Charles W. Stevens, and our senior medical consultant, H. D. Shapiro, M. D. We are here to speak for the enactment by this 83d Congress of the bills, H. R. 34, 56, 340, 1305, 6181, 6579, 6931, 6932, and 6934. These were introduced at the request of Director Miles D. Kennedy of the national legislative commission to effect the purposes of several national convention mandates. Just a year ago today, on March 31, 1953, we appeared before you to testify in support of the enactment of certain other Legion bills. Among them were two which we think have such merit that some action should soon be taken on them by the committee, if the Members of the House are to be given an opportunity in this session to decide their disposition. These are H. R. 32 and 37. H. R. 32 would authorize the grant of the additional disability compensation for dependents to veterans having a 10 percent or greater service-connected disability. Such award is limited by existing law to veterans disabled to a degree of 50 percent or more. This subcom mittee reported this bill favorably to the full committee on May 14, 1953. The calendar shows that the full committee deferred action on June 10, 1953. As far as we know, no further action has been taken. H. R. 37 is a bill which will enable this Congress to remove an inequity created in 1952 when a 15-percent increase in the monthly compensation rate was granted veterans having a service-connected disability of 50 percent or greater while but a 5 percent increase was allowed veterans whose service-connected disabilities are rated at 10 to 49 percent. The bill proposes an increased compensation award prospectively to those veterans rated less than 50 percent disabled and would restore the equitable basis in effect before July 1, 1952, for compensation awards for disabilities rated 10 to 100 percent. Henceforth again, should the bill be enacted, if and while the disability is partial, the monthly compensation would be a percentage of the compensation that would be payable for total disability, equal to the degree of the reduction in earning capacity resulting from the disability. This subcommittee reported H. R. 37 to the full committee May 14, 1953, without recommendation. Action was deferred by the full committee on June 10, 1953, and the calendar does not disclose further consideration was given. Mr. Stevens is our chief of claims. He will analyze and comment upon the necessity for enactment of the Legion bills you are now considering. Dr. Shapiro is a diplomate of the American Specialty Boards in Neurology and Psychiatry. He is also associate clinical professor of neurology, George Washington University Medical School. He is in position to discuss authoritatively the medical aspects of the proposal in H. R. 6931 to extend the presumptive period for wartime service connection as chronic diseases for multiple sclerosis and the chronic functional psychoses. Each of us has had extended wartime military service and each has been engaged in the rehabilitation field of veterans' affairs for over 30 years. I mention this so you will know of our deep and abiding personal, as well as official, concern in the welfare of the disabled and of surviving dependents of deceased veterans and so you will recognize that we come before you today with an interest, such as you gentlemen have, in the continued development of a sound legislative program. We would like the committee to know that the 35th Annual National Convention of the American Legion, assembled in St. Louis, Mo., August 31 to September 3, 1953, was particularly concerned that there be presented to this Congress modest requests for refinement of existing laws relating to veterans and dependents. Chairman Robert M. McCurdy of the national rehabilitation commission has appeared before the Committee on Veterans' Affairs many times. He was the chairman of the convention committee on rehabilitation. In his report to the convention he disclosed that there was a total of 151 rehabilitation resolutions, the smallest number presented for convention consideration in more than a decade, reflecting the conservative thinking in department conventions. There were 79 resolutions approved; 36 referred to the standing national rehabilitation commission for study or accomplishment administratively and report to next year's convention; and 36 rejected. Thoughtful study by the convention committee eliminated many which called for legislative action at a time when the American Legion is exerting its fullest strength to maintenance of the existing veterans' programs. Two resolutions were approved with amendment to be accomplished administratively rather than by means of legislation; 15 were referred to the standing commission and 19 were rejected; thus all told 36 were removed from the legislative category. Only 7 resolutions required submission of bills proposing amendments to existing law; 10 resolutions reiterated previous mandates covering which bills had already been introduced in this Congress. The convention adopted the report without amendment. Before my associates offer the testimony they are prepared to give, I want to take this opportunity to express my personal appreciation, and the appreciation of the organization I represent, the American Legion, for this opportunity of presenting the Legion's views on the subject matter now being considered and for the exacting and meticulous effort the committee expends in weighing the merits of all proposals made in the interest of effecting the rehabilitation of veterans and their dependents. Concluding this brief statement, I must mention that we were informed that, at this hearing, H. R. 5483 would be considered. This bill is superseded by H. R. 6181 and we will offer testimony on the latter. Mr. RADWAN. Excuse me, Mr. Stevens. We have a Member of Congress over here, and in order to let him get back to his other duties, I think we might ask him to proceed. Why don't you come up here, Mr. Whitten. The Chair recognizes the gentleman from Mississippi. STATEMENT OF HON. JAMIE L. WHITTEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MISSISSIPPI Mr. WHITTEN. Mr. Chairman, I appreciate the courtesy you have extended me, by letting me proceed in order to meet with my own committee. I will take only a moment. The bill which I have introduced, H. R. 2338, was introduced after I had called to my attention a number of cases in which the widow and dependent children of a veteran of World War II were left in destitute circumstances. I do feel that with regard to the veterans of World War II and the Korean war, we have treated the veterans equally as well as those during the period of active service. The factual basis may be established by medical evidence, competent lay evidence, or both. A direct service connection of disability is established under this subparagraph just as though the disability had been manifested during active service. This service connection is the basis for establishment of the entitlement of the disabled veteran not only to compensation but to hospital and medical, including outpatient, treatment as well. For service connection under subparagraph (c) as a chronic disease, multiple sclerosis must have become manifest to a degree of 10 percent or more within 2 years from date of separation from active wartime service. One year only is allowed for the chronic functional psychoses. It should be stated, however, that service connection can be allowed for any disability otherwise shown by sound judgment to have been incurred in or aggravated by active service. Subparagraph (c) applies to veterans of wartime service who may benefit only if they were in active service for 90 days or more. Service connection will not be in order for a chronic disease under the subparagraph: where disability is due to the veteran's own misconduct where there is affirmative evidence to show the disability could not have resulted from active service; or where there is evidence that an intercurrent injury or disease, which is a recognized cause of such chronic disease, has been suffered between date of separation from active service and the onset of the chronic disease. It should be emphasized that the Government has the right of rebuttal. Evidence which may be considered in rebuttal of service incurrence of a chronic disease will, by virtue of provisions of Veterans' Administration Regulation No. 1080 (B), be any evidence of a nature usually accepted as competent to indicate the time of existence or inception of disease, and medical judgment will be exercised in making determinations relative to the effect of intercurrent injury or disease. Since veterans regulation No. 1 (a) was first approved June 6, 1933, and issued as Executive Order No. 6156 by the President of the United States pursuant to the act of March 20, 1933, Public Law 2, 73d Congress, there were, as this committee knows, several amendments and additions made by subsequently issued Executive orders and by legislation enacted by the Congress. The Administrator of Veterans' Affairs promulgated a list of chronic diseases to be considered for service connection under the provisions of subparagraph (c), after the initial approval of the veterans' regulation mentioned. The list has been amended from time to time and is now contained in Veterans' Administration Regulation No. 1086. As the result of painstaking consideration of the subject by this committee over a period of years, four congressional enactments have amended subparagraph (c), namely, Public Law 748, 80th Congress, approved June 24, 1948; Public Law 573, 81st Congress, approved June 22, 1950; Public Law 174, 82d Congress, approved October 12, 1951; and Public Law 241, 83d Congress, approved August 8, 1953. In enacting Public Law 748, the 80th Congress established a list of the chronic diseases to be considered for service connection under subparagraph (c) and gave the Administrator of Veterans' Affairs authority to add such other chronic diseases to the list as he should deem advisable, specifying that nothing in the subparagraph shall be construed to prevent service connection for any disability otherwise shown this is superseded by our H. R. 6181, so we are only testifying on the latter. Because the first bill to be considered is H. R. 6931, I would like to, from Mr. Kraabel's statement, qualify Dr. Shapiro as our Legion's expert witness. Dr. Shapiro, as Mr. Kraabel stated, is a diplomate of the American Specialty Boards in both neurology and psychiatry. He is also an associate clinical professor of neurology, at George Washington University Medical School, so that he can speak with authority on the bills which would establish a 3-year presumption of service connection for multiple sclerosis and the chronic functional psychoses. I may say that presently a 2-year presumption has been afforded for multiple sclerosis, as my statement shows; a 1-year presumption for the chronic functional psychoses, by virtue of a list contained in VA regulation 86, promulgated by the Administrator of Veterans' Affairs. However, Public Law 239, 82d Congress, provides for an active psychosis for inpatient and outpatient treatment, a service connection upon a manifestation within 2 years from date of separation from active service. The American Legion firmly believes, as my statement on H. R. 6931 shows, that the Government should retain the right of rebuttal of the presumption of service connection on a sound basis. Public Law 239 of the 82d Congress, which limits the service connection to a manifestation of the active psychosis within 2 years from the date of separation from service, provide a conclusive presumption. H. R. 6931, a bill to amend veterans regulations to establish for persons who served in the Armed Forces during World War II a further presumption of service connection for multiple sclerosis and the chronic functional psychoses. This bill would provide a basis for wartime service connection as chronic diseases for multiple sclerosis and the chronic functional psychoses upon manifestation to a compensable degree within 3 years from the date of a veteran's separation from active service. While the title would indicate that only World War II veterans would be comprehended, as a matter of fact this basis for service connection would be applicable in the cases of veterans of the K-conflict. Public Law 28, 82d Congress, approved May 11, 1951, authorized award of compensation to veterans of service 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, on the same basis as provided by law for persons who served during the period of World War II. Where evidence shows the existence of a psychosis or of multiple sclerosis during active service, there is a basis for wartime service connection of the resultant disability either by incurrence or by aggravation, under provisions of veterans regulation No. 1 (a), part I, paragraph I, subparagraph (a). Subparagraph (d) specifies under what conditions aggravation will be conceded for the purpose of service connection under subparagraph (a). Veterans regulation No. 1 (a), part I, paragraph I, subparagraph (c) provides a basis for wartime service connection for certain chronic diseases upon manifestation subsequent to active service, notwithstanding the fact that there is no record of evidence of such disease |