ERWIN MITCHELL, Georgia NEWELL A. GEORGE, Kansas E. ROSS ADAIR, Indiana SUBCOMMITTEE ON COMPENSATION AND PENSION ROBERT N. C. NIX, Pennsylvania GERALD T. FLYNN, Wisconsin PAUL A. FINO, New York SUBCOMMITTEE ON EDUCATION AND TRAINING CONTENTS Page American Bar Association: Berger, Raoul, chairman, Special Committee on Courts of Special Jurisdiction.. American Legion: Corcoran, John J., director, National Rehabilitation Commission_____ 2691, AMVETS: Holden, John R., national legislative director__ 2706, 2730 Analysis of compensation and pension cases, fiscal year, 1959---- Analysis of compensation and pension cases, months July 1957 to Analysis of all decisions, fiscal years 1950 through 1959_. 2625-2637 Cash, Chester A., acting national director of claims.. Freudenberger, Elmer M., acting national director of legislation__ 2336, 2337 Fribley, Bill H., national commander_----- 2323–2325, 2333, 2335, 2336, 2339 Downer, Adin M., subcommittee counsel__. Jewish War Veterans of the United States of America: Abrams, Bernard. Jones, Norman D. (See Veterans of Foreign Wars.) Justice, Department of: 2689, 2690 Chapin, Rusell, Chief, Veterans' Affairs and Insurance Section, Civil Walsh, Lawrence E., Deputy Attorney General, letters of.... Mitchell, Hon. Erwin_. 2275, 2290, 2294-2299, 2301, 2302, 2312–2317, 2320, 2321, 2379, 2380, 2381, Phillips, Samuel L, letter of______ Quigley, Hon. James M.------ 2323, 2325, 2333-2344, 2350-2356, 2358–2360, 2377, Rogers, Hon. Edith Nourse. 2777, 2782 2296, 2317-2321, 2337-2339, 2350, 2353-2357, 2359, 2360, 2378, 2593, (See Veterans' Administration.) Stancil, James W. U.S. Court of Claims: Rules of.. 2594, 2623, 2669, 2677, 2683, 2684, 2715, 2716, 2717, 2735, 2739, 2741, 2746 Bernhardt, C. Murray, Commissioner___ 2379-2387, 2593-2594 Practice, some notes on, by Saul Richard Gamer_ 2387-2402 2403-2592 Recommendations of commanders' committee re Board of Appeals_ 2362-2364 Resolutions to review status and action of Board of Appeals. Stover, Francis W., director, National Legislative Service.. 2344, 2350, 2352, 2353, 2355, 2360, 2377, 2378 Morse, Bradford, Deputy Administrator. 2598, 2603, 2613–2624, 2638-2641, 2651-2659, 2661-2677, 2682, 2683, 2685, 2686, 2731-2736, 2738, 2739, 2743, 2744-2767, 2769–2733, 2777, Stancil, James W., Chairman, Board of Veterans' Appeals. 2618, 2638, 2639, 2641, 2642, 2651, 2652, 2654–2659, 2663, 2677–2683, 2685, 2697, 2733. 2734, 2736-2743, 2768–2770, 2781. Stratton, A. W., Director, Compensation and Pensions Service.... 1 JUDICIAL REVIEW OF VETERANS' CLAIMS TUESDAY, APRIL 5, 1960 HOUSE OF REPRESENTATIVES, SPECIAL SUBCOMMITTEE ON PENDING JUDICIAL REVIEW LEGISLATION OF THE COMMITTEE ON VETERANS' AFFAIRS, Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 356, Old House Office Building, Hon. Erwin Mitchell (chairman of the subcommittee) presiding. Mr. MITCHELL. The subcommittee will be in order. We are meeting this morning to open hearings on all pending bills to provide for judicial review of decisions of the Administrator of Veterans' Affairs. 5. Some of the bills confer jurisdiction in the existing Federal courts, while others seek to establish a separate and dependent appeals court, with exclusive jurisdiction over appeals from the Administrator. At this point, if there is no objection, I shall place in the record a summary of the nine pending bills, together with a copy of each bill and the Veterans' Administration reports thereon. (The pending bills referred to follow :) Pending bills for judicial review Explanation of bill Establishes a U.S. Court of Veterans' Appeals Provides for retirement of a judge who becomes Confers jurisidiction on the U.S. district courts to hear and determine controversies with respect to any claim for compensation on account of service-connected disability or death under laws administered by the Veterans' Administration, Do. Veterans' Security Act: liberalizes the criteria for determining whether a veteran's disability is service connected, provides for reconsideration of previously denied claims and judicial review of decisions of the Board of Veterans' Appeals (amending U.S.C. 38: 322, adding 359-61). Grants judicial review in the U.S. district courts to claims of claimants aggrieved by a decision of the Board of Veterans' Appeals. Permits judicial review of decisions of the Board of Veterans' Appeals by aggrieved claimants in cases involving compensation and pensions (adding U.S.C. 38: 4009). Do. Pending bills for judicial review-Continued Bill number Author Introduced Explanation of bill Creates a U.S. Court of Veterans' Appeals located in the District of Columbia, to be presided over by a chief judge and 4 associate judges to be appointed by the President with approval of the Senate. Fixes the salaries of the judges at $22,500 per year for the chief judge, and $20,000 per year for each associate judge. Grants exclusive jurisdiction to the court to review by appeal all decisions of the Board of Veterans' Appeals, Veterans' Administration Makes decisions of the court final and not subject to judicial review. Limits the time within which appeal must be taken from a decision of the Board to 1 year from date of mailing of notice of Board's decision, and sets forth the procedure to be followed in making appeal. Permits the court to remand a case to the Board to take further evidence notwithstanding the provision that the findings of fact by the Board shall be conclusive. Makes provision for appointment of clerk personnel to assist the court in its functioning. Permits the court to impose a $10 fee for the filing of any petition (amending U.S.C. 38: 211). Establishes the Court of Veterans' Appeals to review decisions of the Board of Veterans' Appeals, consisting of 3 judges appointed by the President for a 15-year term, with reappointment privileges. Fixes judges' salaries at $25,500 per year. Grants exclusive jurisdiction to the court to review by appeal all decisions of the Board of Veterans' Appeals. Requires claimants seeking review to make an appeal within 1 year from the date of mailing of notice of the Board's decision. Permits the court to decline review if it appears no material error of fact or law is involved in the Board's decision. Makes provision for administration and procedure of the court. Authorizes the court to appoint not more than 50 commissioners to assist the court in its functioning; each commissioner to receive $14,800 a year, plus traveling expenses and per diem allowance. Authorizes the court to impose a $10 fee for filing any petition (amending U.S.C. title 38, ch. 71, pt. 5). VETERANS' ADMINISTRATION, Hon. OLIN E. TEAGUE, Chairman, Committee on Veterans' Affairs, DEAR MR. TEAGUE: The following report on H.R. 947, 86th Congress, is submitted as requested. The purpose of the bill is to establish a U.S. Court of Veterans' Appeals, composed of a chief judge and four associate judges, which would have exclusive jurisdiction to review by appeal all decisions of the Board of Veterans' Appeals. All decisions of the court would be final and no decision of the court would be subject to review by any official or court of the United States. Any claimant aggrieved by a decision of the Board of Veterans' Appeals could, within 1 year from the date of mailing of notice of such decision, or the date of enactment of the bill, whichever is later, make application to the court for a review of such decision. Such application would be made by filing with the court a concise statement of the errors of law and fact complained of, and a copy of such statement would be served on the Chairman of the Board of Veterans' Appeals. Within 15 days thereafter the Chairman of the Board would be |