Mailliard, Hon. William S. 808, 809, 810, 812, 823, 833, 836, 838, 839, 841, 842 National Tuberculosis Association: Feldman, Dr. Floyd M... 827, 828, 843, 844 797, 799, 800, 801, 808, 809, 811, 812, 814, 818, 819, 820, 823, 825, 827, 829, 830, 832, 834, 836, 837, 838, 839, 843, 844, 845, 846, 852, 853, 854, 858, 859, 860, 862, 863, 864, 866, 867, 868, 869, 870, Rogers, Hon. Edith Nourse.... Secrest, Hon. Robert T____ 800, 801, 808, 809, 810, 811, 812, 866, 870, 871 Severance of service connection after stated number of years prohibited. - 806, BILLS PROVIDING BENEFITS FOR SERVICE-CONNECTED DISABLED VETERANS AND THEIR DEPENDENTS TUESDAY, MARCH 31, 1953 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE OF THE COMMITTEE ON VETERANS' AFFAIRS, Washington, D. C. The subcommittee met pursuant to call, at 10 a. m., in room 356, Old House Office Building, Hon. Edmund P. Radwan (chairman of the subcommittee) presiding. Mr. RADWAN. The committee will be in order. Gentlemen, we are meeting this morning to consider a number of service connected disability bills which are very important to the veterans of this country. Briefly I have decided to consider the bills on the basis of those relating to presumptions, those prohibiting the severance of a service-connected disability after a stated number of years, bills to increase the disability allowance for service-connected veterans with dependents, bills to increase the compensation of veterans or their widows or parents, and the bills sponsored by Congressman Teague to pay 10 and 20 percent disability compensation on a quarterly rather than the present monthly basis. I will insert at this point in the record a portion of a memorandum which was addressed to the members of the subcommittee setting forth some information about the bills which we are to consider. (The material referred to follows:) * COMMITTEE ON VETERANS' AFFAIRS, COMMITTEE MEMORANDUM * * * There are nine bills which would change the presumptive period or law relating to service connection. At the present time there is a basic 1-year presumption for all service-connected disabilities for veterans. In other words, if a man who has a specified disability (largely chronic and tropical diseases) which occurs within 1 year from the date of his discharge from the service he is presumed to be service connected. In the case of tuberculosis the period is 3 years. In the case of multiple sclerosis it is 2 years, and in the case of psychotic cases it is 1 year plus an additional 1-year period which is useful in obtaining hospitalization for the veteran but not for providing compensation. H. R. 25 increases the basic period from 1 to 3 years for certain chronic and tropical diseases. H. R. 33 would make a 3-year period for TB, psychosis, and multiple scleroris. H. R. 45 gives a 2-year presumption for malignant tumors. H. R. 46 gives all types of TB a flat 3-year presumptive period. The law today applies only to pulmonary tuberculosis. H. R. 310 has the same objective as H. R. 46 above. H. R. 1573 has the same objective as H. R. 25; namely, to grant an increase from 1 to 3 years in the basic presumptive period for chronic and tropical diseases. H. R. 2097 would extend the presumptive period on tuberculosis-pulmonary tuberculosis-from 3 to 7 years. H. R. 3070 gives a 2-year presumptive period for lateral sclerosis. H. R. 4155 extends from 1 to 2 years the presumption for chronic and tropical diseases. There are four bills which would prohibit the severance of a service-connected disability rating which has been in effect for a stated number of years. Such a bill passed the House last year after being favorably reported by this committee for a 20-year period. H. R. 463 prohibits the severance of a service-connected disability which has been in effect for 10 or more years. H. R. 628 is identical thereto. H. R. 2534 has an identical purpose to the two bills mentioned above. H. R. 2984 is identical to the bill passed by the House last year but which died in the Senate Committee on Finance. Under existing law service-connected disabled veterans who have a disability rating at 50 percent or more are entitled to additional compensation for their wives and children. H. R. 32 would reduce this requirement from 50 to 10 percent. H. R. 48 would accomplish the same purpose. H. R. 53 would reduce it to 40 percent. This bill is in line with the bill which was reported by the committee during the 82d Congress and passed by the House but which did not pass the Senate. Public Law 356 of the 82d Congress, among other things, increased the basic rates of compensation by 5 percent for those veterans who had disabilities rated at less than 50 percent, and for veterans with disabilities above 50 percent the increase in the rate was 15 percent. Four bills have been introduced which would change that formula by increasing by 10 percent the rates of compensation for veterans with disabilities of less than 50 percent, thus making the 10, 20, 30, and 40 percent disabilities bear the same ratio to 100 percent as they formerly bore prior to the enactment of Public Law 356 of the 82d Congress. H. R. 37, 44, 2468, and 2575, while worded differently, would all accomplish the same purpose. Public Law 356 of the 82d Congress also provided an increase in the rates of compensation for widows with children of approximately 15 percent. The increase, however, did not apply to widows without children. H. R. 43 would grant the widow without children an approximate 15 percent increase-from $75 to $87. H. R. 2753, which is identical in intent, would grant an increase of $11.25, to make the rate $86.25. H. R. 2469 provides an increase in the rates of service-connected compensation for parents whose sons or daughters were killed in the service. The present rate for a parent is $60 for one parent, or $35 each if two parents survive the son or daughter. H. R. 2469 would increase this rate to $75 for one parent, or $40 each for both parents. H. R. 631 is in line with a recommendation contained in the Booz-Allen-Hamilton report and provides that service-connected compensation which is payable for disabilities of 10 or 20 percent shall be paid on a quarterly basis rather than on a monthly basis. A BILL To amend subparagraph (c), paragraph I, part I, of Veterans Regulation Numbered 1 (a), as amended, 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 so much of subparagraph (c), paragraph I, part I, of Veterans Regulation Numbered 1 (a), as amended, as precedes the first proviso is hereby amended to read as follows: "(c) That for the purposes of paragraph I (a) hereof a chronic disease becoming manifest to a degree of 10 per centum or more within three years from the date of separation from active service as set forth therein shall be considered to have been incurred in or aggravated by service as specified therein notwithstanding there is no record of evidence of such disease during the period of active service;" [H. R. 32, 83d Cong., 1st sess.] A BILL To revise requirement for award of additional disability compensation to veterans who have dependents, and for other purposes. Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That the compensation now payable under the Act of July 2, 1948 (Public Law Numbered 877, Eightieth Congress), as amended by section 4 of the Act of October 10, 1949 (Public Law Numbered 339, Eightyfirst Congress), for certain veterans with service-connected disabilities who have dependents, be granted to persons whose service-connected disability is rated not less than 10 per centum. SEC. 2. Section 4 of the Act of July 2, 1948 (Public Law Numbered 877, Eightieth Congress), is hereby amended to read as follows: "SEC. 4. The administrative, definitive, and penal provisions of Public Law Numbered 2, Seventy-third Congress, and Veterans Regulations thereunder, as amended, shall be for application under this Act: Provided, That on or after the date of approval of this amendatory Act the effective date of an increased rate of compensation based upon a dependent will be the date of claim where evidence of relationship and dependency is furnished within one year from the date of request by the Veterans' Administration therefor." [H. R. 33, 83d Cong., 1st sess.] A BILL To liberalize the basis for establishing wartime service connection for active tuberculosis, the psychoses, and multiple sclerosis Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third last proviso of subparagraph (c) of paragraph I, part I, Veterans Regulation Numbered 1 (a), as amended, is hereby amended by striking "(other than pulmonary)". SEC. 2. The second last proviso of subparagraph (c) of paragraph I, part I, Veterans Regulation Numbered 1 (a), as amended, is hereby amended to read as follows: "Provided further, That active tuberculosis, multiple sclerosis, or a psychosis developing a 10 per centum degree of disability or more within three years from the date of separation from active service, shall, in the absence of affirmative evidence to the contrary, be deemed to have been incurred in or aggravated by active service:". [H. R. 37, 83d Cong., 1st sess.] A BILL To revise the basis for certain disability compensation awards Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the monthly compensation payable to veterans under laws administered by the Veterans' Administration, if and while the disability is rated as partial, shall 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, but no compensation shall be payable for a reduction in earning capacity rated at less than 10 per centum. SEC. 2. The increases provided by this enactment shall be effective from the first day of the first calendar month following the date of approval of this Act. [H. R. 43, 83d Cong., 1st sess.] A BILL To make uniform the rates of service-connected death compensation payable to certain widows Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph IV of part I of Veterans Regulation Numbered 1 (a), as amended, is hereby amended to read as follows: "The surviving widow, child or children, and dependent mother or father of any deceased person who died as the result of injury or disease incurred in or aggravated by active military or naval service as provided in part I, paragraph I, hereof, shall be entitled to receive compensation at the monthly rates specified next below: |