Judicial Review of Veterans' Claims

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"RETIREMENT FOR DISABILITY OF JUDGES OF THE COURT

"SEC. 1314. (a) Whenever the chief judge of the court becomes permanently disabled from performing his duties and desires to retire under the provisions of section 372 of title 28, United States Code, he shall furnish to the President a certificate of disability signed by the Chief Justice of the United States.

"(b) Whenever an associate judge of the court becomes permanently disabled from performing his duties and desires to retire under the provisions of section 372 of title 28, United States Code, he shall furnish to the President a certificate of disability signed by the chief judge of the court."

(b) The table of contents of the Veterans' Benefits Act of 1957 is amended by inserting immediately below "Sec. 1308. Rejection of applications." the

following:

"Sec. 1309. United States Court of Veterans' Appeals. "Sec. 1310. Jurisdiction of the court.

"Sec. 1311. Application for review by the court. "Sec. 1312. Court personnel.

"Sec. 1313. Fees; charge for court's opinions.

"Sec. 1314. Retirement for disability of judges of the court."

SEC. 2. Section 211 of the Veterans' Benefits Act of 1957 is amended(1) by inserting in subsection (a) thereof immediately after "section 261 (a) of the Veterans' Readjustment Assistance Act of 1952 (38 U.S.C. 971(a))," the following: "section 1310(a) of this Act," ;

(2) by redesignating subsection (b) thereof as subsection (c); and

(3) by inserting immediately after subsection (a) thereof the following new subsection:

“(b) In making any decision with respect to a claim for benefits or payments under any law administered by the Veterans' Administration the Administrator shall resolve all reasonable doubt in favor of the claimant."

SEC. 3. Subsection (b) of section 354 of the Veterans' Benefits Act of 1957 is amended by striking out "reasonable."

SEC. 4. Subsection (c) of section 1304 of the Veterans' Benefits Act of 1957 is amended by inserting immediately before the period at the end thereof the following: ", and the precedent opinions of the Court of Veterans' Appeals."

SEC. 5. Section 610 of title 28, United States Code, is amended by inserting immediately after "the Court of Customs and Patent Appeals," the following: "the Court of Veterans' Appeals,".

SEC. 6. The amendments made by this Act shall take effect-days after the date of its enactment.

[H.R. 975, 86th Cong., 1st Sess.]

A BILL To provide for determination through judicial proceedings of claims for compensation on account of disability or death resulting from disease or injury incurred or aggravated in line of duty while serving in the active military or naval service, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, except as provided in this Act, section 19 of the World War Veterans' Act, 1924, as amended, and section 618 of the National Service Life Insurance Act of 1940, as amended, the decisions of the Administrator of Veterans' Affairs on any question of law or fact concerning a claim for benefits or payments under any law administered by the Veterans' Administration shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decisions. SEC. 2. In the event of a disagreement with respect to any claim for compen sation under any law administered by the Veterans' Administration on account of disability or death resulting from disease or injury incurred or aggravated in line of duty while serving in the active military or naval service, an action on the claim may be brought against the United States either in the United States District Court for the District of Columbia or in the United States district court for the district in which the claimant or any one of several claimants resides, and jurisdiction is hereby conferred upon such courts to hear and determine all such controversies. The procedure in such actions shall be the same as in actions brought pursuant to section 19 of the World War Veterans' Act, 1924, as amended (U.S.C., 1940 edition, title 38, sec. 445). All persons having

or claiming to have an interest in such claim may be made parties to such action, and such as are not residents of or found within the district in which such action is brought may be brought in by order of the court to be served personally or by publication or in such other reasonable manner as the court may direct. SEC. 3. The circuit courts of appeal and the United States Court of Appeals for the District of Columbia shall, respectively, exercise appellate jurisdiction and, except as provided in sections 239 and 240 of the Judicial Code, as amended (U.S.C., 1940 edition, title 28, secs. 346 and 347), the judgments of the circuit courts of appeal and the United States Court of Appeals for the District of Columbia shall be final.

SEC. 4. No action on any claim may be brought under this Act unless it shall have been instituted within two years from the date of the mailing of notice by the Administrator of Veterans' Affairs of his determination with respect to such claim or within two years after the date of enactment of this Act, whichever date is the later. Infants, insane persons, or persons under other legal disability, or persons rated as incompetent or insane by the Veterans' Administration shall have two years in which to bring action after the removal of their disabilities. If action is reasonably begun and fails for defects in process, or for other reasons not affecting the merits, a new action, if one lies, may be brought within one year though the period of limitations has elapsed.

SEC. 5. The provisions of section 19 of the World War Veterans' Act, 1924, as amended (U.S.C., 1940 edition, title 38, sec. 445), which relate to the subpenaing of witnesses, the expenses of attorneys of the Veterans' Administration, and the fees, expenses, and leaves of absence of other employees of the administration subpenaed as witnesses in connection with actions under such section 19, shall be applicable to actions brought under this Act.

SEC. 6. Notwithstanding the provisions of the Act entitled "An Act to provide that the unexplained absence of any individual for seven years shall be deemed sufficient evidence of death for the purpose of laws administered by the Veterans' Administration", approved June 5, 1942 (U.S.C., 1940 edition, Supp. V, title 38, sec. 32a), a finding of death made by the Administrator of Veterans' Affairs shall not be final and conclusive in an action brought under this Act.

SEC. 7 (a) Section 5 of the Act entitled "An Act to maintain the credit of the United States Government", approved March 20, 1933, as amended (U.S.C., 1940 edition, title 38, sec. 705), is hereby repealed.

(b) Section 5 of the World War Veterans' Act, 1924, as amended (U.S.C., 1940 edition, title 38, sec. 426), is amended by striking out" and all decisions of questions of fact and law affecting any claimant to the benefits of titles II, III, of IV of this Act shall be conclusive except as otherwise provided herein".

(c) Section 11 of the Act entitled "An Act to amend section 202(3), World War Veterans' Act, 1924, as amended, to provide more adequate and uniform administrative provisions in veterans' laws, and for other purposes", approved October 17, 1940 (U.S.C., 1940 edition, title 38, sec. 11a-2), is hereby repealed. SEC. 8. Wherever a judgment or decree shall be rendered in an action brought pursuant to this Act, the court, as part of its judgment or decree, shall determine and allow reasonable fees for the attorneys of the successful claimant or claimants and apportion same, if proper, said fees to be paid by the Administrator of Veterans' Affairs out of the payments to be made under the judgment or decree. Any person who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall be punished by a fine of not more than $500 or by imprisonment at hard labor for not more than two years, or by both such fine and imprisonment.

[H.R. 1202, 86th Cong., 1st sess.]

sec 817), and subsection (a) of section 261 of the Veterans' Readjustment Assistance Act of 1952 (38 U.S.C., sec. 971), the decisions of the Administrator of Veterans' Affairs on any question of law or fact concerning a claim for benefits or payments under any law administered by the Veterans' Administration shall be final and conclusive and no other official or court of the United States shall have power or jurisdiction to review by mandamus or otherwise any such decision.

SEC. 2. In the event of a disagreement with respect to any claim for compensation under any law administered by the Veterans' Administration on account of disability or death of an individual resulting from disease or injury incurred or aggravated in line of duty while serving in the active military or naval service, an action on the claim may be brought against the United States either in the United States District Court for the District of Columbia or in the United States district court for the district in which the claimant or any one of several claimants resides, and jurisdiction is hereby conferred upon such courts to hear and determine all such controversies. The procedure in such actions shall be the same as in actions brought pursuant to section 19 of the World War Veterans' Act, 1924, as amended (38 U.S.C., sec 445). All persons having or claiming to have an interest in such claim may be made parties to such action, and such as are not residents of or found within the district in which such action is brought may be made parties pursuant to order of the court by personal service or process or by publication or in such other reasonable manner as the court may direct.

SEC. 3. The courts of appeal and the United States Court of Appeals for the District of Columbia shall, respectively, exercise appellate jurisdiction with respect to actions brought under this Act and, except as provided in section 1254 of title 28 of the United States Code, the judgments of the courts of appeal and the United States Court of Appeals for the District of Columbia shall be final. SEC. 4. No action on any claim may be brought under this Act unless it shall have been instituted within two years from the date of the mailing of notice by the Administrator of Veterans' Affairs of his determination with respect to such claim or within two years after the date of enactment of this Act, whichever date is the later. Infants, insane persons, or persons under other legal disability. or persons rated as incompetent or insane by the Veteran's Administration shall have two years in which to bring action after the removal of their disabilities. If an action is seasonably begun and fails for defect in process, or for other reasons not affecting the merits, a new action, if one lies, may be brought within one year through the period of limitations has elapsed.

SEC. 5. The provisions of section 19 of the World War Veterans' Act, 1924, as amended (38 U.S.C., sec. 445), which relate to the subpenaing of witnesses, the expenses of attorneys of the Veterans' Administration, and the fees, expenses, and leaves of absence of other employees of the Administration subpenaed as witnesses in connection with actions under such section 19, shall be applicable to actions brought under this Act.

SEC. 6. Notwithstanding the provisions of the Act entitled "An Act to provide that the unexplained absence of any individual for seven years shall be deemed sufficient evidence of death for the purpose of laws administered by the Veterans' Administration", approved June 5, 1942 (38 U.S.C., sec. 445), a finding of death made by the Administrator of Veterans' Affairs shall not be final and conclusive in an action brought under this Act.

SEC. 7. (a) Section 5 of the Act entitled "An Act to maintain the credit of the United States Government", approved March 20, 1933, as amended (38 U.S.C.. sec. 705), is hereby repealed.

(b) Section 5 of the World War Veterans' Act, 1924, as amended (38 U.S.C., sec. 428), is amended by striking out"; and all decisions of questions of fact and law affecting any claimant to the benefits of titles II, III, or IV of this Act shall be conclusive except as otherwise provided herein”.

SEC. 8. Whenever a judgment or decree shall be rendered in an action brought pursuant to this Act, the court, as part of its judgment or decree, shall determine and allow reasonable fees for the attorneys of the successful claimant or claimants and apportion same, if proper, said fees to be paid by the Administrator of Veterans' Affairs out of the payments to be made under the judgment or

decree. Any person who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive any fee or compensation, except as provided in this section, shall be punished by a fine of not more than $500 or by imprisonment at hard labor for not more than two years, or both.

[H.R. 3048, 86th Cong., 1st Sess.]

A BILL To amend title 38, United States Code, to equalize certain benefits for veterans with service-connected disabilities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Veterans' Security Act".

SEC. 2. Section 332 of title 38, United States Code, is amended by striking out "where evidence of medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment” and inserting in lieu thereof the following: "where clear and unmistakable evidence demonstrates that the injury or disability existed before acceptance and enrollment and was not aggravated by such service".

SEC. 3. (a) Chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following:

"359. Proof of disability

"(a) Except where clear and unmistakable evidence demonstrates that a disability is not service connected, such disability shall be deemed to be service connected if—

"(1) the applicant submits statements from two or more doctors stating that in their opinion the disability is reasonably attributable to active military, naval, or air service; or

"(2) the applicant's military records show no disabilities or defects at acceptance or enrollment for military service but such a disability is shown at the time of discharge or release; or

"(3) the applicant submits statements from two or more persons establishing the nonexistence of disability at the beginning of active military, naval, or air service, and the existence of disability at the time of discharge or release therefrom.

"(b) Where any issue exists in any claim for benefits on account of serviceconnected disability

"(1) the unrefuted evidence of two or more witnesses; or

"(2) the establishment of the facts in respect of such issue by public records; or

"(3) any prior decision as to such issue by the Veterans' Administration or its predecessors, if beneficial to the claimant ;

shall be deemed to resolve such issue in accordance with such unrefuted evidence, public records, or decision, as the case may be.

"(c) Where the resolution of any issue in a claim is doubtful on account of conflicting evidence, such issue shall be resolved in favor of the claimant. "§ 360. Reconsideration of denied claims.

"The Administrator shall promptly reconsider every claim for disability compensation denied before the date of enactment of this section, in the light of the amendments made by the Veterans' Security Act. Such reconsideration, to the extent feasible, shall be carried out in the order in which the denied claims were originally filed.

"361. Judicial review

"(a) Every claimant who is dissatisfied with a decision of the Board of Veterans' Appeals may institute suit against the Administrator in the United States district court for the district in which he or his attorney resides, or for an adjoining district. The complaint filed by the claimant in such suit shall contain a résumé showing probable cause for review of the decision by the court. "(b) Proceedings under this section shall be in the same manner as in the case of suits against the United States under section 1346(b) of title 28, United States Code, except that upon request of the claimant, issues of fact shall be tried by a jury.

"(c) In proceedings under this section, the court shall determine any issue in controversy, and shall grant the claimant the benefifit of any reasonable doubt. "(d) The judgment of the court shall be final, and not subject to review by any other court or by any official of the United States, and may not be reopened or reconsidered except where obvious error is shown or upon new and material evidence."

(b) The analysis of such chapter 11 is amended by adding at the end thereof the following:

"359. Proof of disability.

"360. Reconsideration of denied claims.

"361. Judicial review."

[H.R. 4146, 86th Cong., 1st Sess.]

A BILL To amend chapter 71 of title 38, United States Code, to permit judicial review of decisions of the Board of Veterans' Appeals in compensation and pension claims Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 71 of title 38, United States Code, is amended by adding at the end thereof the following new section:

" 4009. Judicial review

"(a) Any claimant aggrieved by a decision of the Board involving his right to payments of pension or compensation may, within one year from whichever last occurs, the date of mailing of notice of such decision, or the date of enactment of this section, apply to the United States district court for the district in which he resides for a review of such decision. Such application shall be made by filing in the office of the clerk of the court a concise statement of errors of law and fact complained of, and a copy of such statement shall be served on the manager of the regional office of the Veterans' Administration which handles claims for compensation or pension by persons residing in that district. Within thirty days after the receipt of such statement, the Administrator shall certify and transmit to the court a copy of the record on which the decision of the Board was based.

"(b) The findings of fact by the Board, if supported by a preponderance of evidence in the record, shall be conclusive, but the court for good cause shown may permit the introduction of additional evidence. If the court determines that the decision of the Board is not in accordance with law or is contrary to the preponderance of the evidence in the record before the court, the court may reverse or modify the decision of the Board; otherwise, the court shall enter a judgment affirming the decision of the Board. If the court enters a judgment reversing or modifying the decision of the Board, the Administrator shall carry out the judgment of the court.

"(c) Judgments of the United States district courts under this section shall be subject to one review on appeal to the appropriate United States court of appeals, and the decrees of such courts shall be final."

(b) The table of sections at the head of chapter 71 of title 38, United States Code, is amended by adding at the end thereof the following:

"4009. Judicial review."

SEC. 2. (a) Section 108 of title 38, United States Code, is amended by inserting "or 4009" immediately after “784”.

(b) Section 211 of title 38, United States Code, is amended by inserting ", 4009," immediately after “3404”.

(c) Subsections (c), (e), (f), and (g) of section 784 of title 38, United States Code, are each amended by inserting "or section 4009 of this title" immediately after "this section" each place it appears.

[H.R. 5986, 86th Cong., 1st Sess.]

A BILL To amend chapter 71 of title 38, United States Code, to permit judicial review of decisions of the Board of Veterans' Appeals in compensation and pension claims Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 71 of title 38, United States Code is amended by adding at the end thereof the following new section:

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Judicial Review of Veterans' Claims: Hearing Before a Special Subcommittee ...