required to certify and transmit to the court a copy of the record on which the decision of the Board was based.

Under the bill, the findings of fact by the Board of Veterans' Appeals would be conclusive on the court unless such findings were contrary to the preponderance of the evidence or unless all reasonable doubts had not been resolved in favor of the claimant. However, the court for good cause shown could remand the case to the Board to take further evidence. If the court determined that the decision of the Board was not in accordance with law or was contrary to the preponderance of evidence, or that the Board had not resolved all reasonable doubts in favor of the claimant, it would reverse or modify such decision; otherwise, it would affirm the Board's decision.

H.R. 947 proposes to add several sections to title XIII of the Veterans' Benefits Act of 1957. That title, among other provisions of law, was repealed by Public Law 85-857, September 2, 1958, which enacted title 38, United States Code, into positive law, effective January 1, 1959. The comparable provisions of law currently appear in chapter 71 of title 38, United States Code. It is apparent therefore, that the bill will require formal amendment if it receives favorable consideration by your committee.

It has long been the policy of the Government not to authorize suits for pension, compensation, or other gratuity granted under laws administered by the Veterans' Administration and its predecessor agencies. The Tucker Act, approved March 3, 1887 (28 U.S.C. 1346), conferred upon the U.S. district courts concurrent jurisdiction with the Court of Claims to hear and determine claims not in excess of $10,000 under contracts to which the United States was a party, but that act specifically exempted claims for pension from the jurisdiction of those courts. Subsequent legislation enlarging the jurisdiction of the Court of Claims

has not modified this provision.

This policy was recognized and affirmed by section 5 of the World War Veterans' Act, 1924, section 5 of the act of March 20, 1933, section 11 of the act of October 17, 1940, subsection 211(a) of the Veterans' Benefits Act of 1957, and is currently restated in 38 U.S.C. 211(a). Moreover, the legislative history of the Administrative Procedure Act discloses that this question was extensively explored in connection with the several bills studied by the Congress prior to its enactment and it was deemed advisable to retain the traditional policy.

Certain provisions of the bill warrant special consideration. The proposed section 1310 would give the new Court of Veterans' Appeals exclusive appellate jurisdiction to review decisions of the Board of Veterans' Appeals and would prohibit any review of such court's decisions. Under existing law, the Board may reconsider its decisions upon a showing of obvious error or where new and material evidence is discovered in the records of the service department. Apparently no such reconsideration would be authorized after a final decision was entered by the proposed court.

Further, under existing law, an insured or a beneficiary under a Government life insurance contract may file suit in a Federal district court after denial of his claim by the Veterans' Administration, whether or not he has first appealed to the Board of Veterans' Appeals. Such suits are treated as a proceeding de novo and the claimant may appeal his case as far as the Supreme Court of the United States.

Under the bill, an insurance claimant who has exercised his right of appeal to the Board of Veterans' Appeals apparently would thereafter be limited to an appeal to the proposed Court of Veterans' Appeals which could only review alleged errors of law and fact in the Board's decision but whose final decision could not be appealed to higher courts. A claimant who desired to bring suit in the Federal district court, with right of further appeal, could not first appeal to the Board of Veterans' Appeals. Thus, in either case, the proposed section 1310 would seem to deprive such claimants of rights they now enjoy.

Section 3 of the bill would delete the word "reasonable" from that part of section 354 (b), Public Law 85-56 (currently 38 U.S.C. 354(b)), which requires the Veterans' Administration to "resolve every reasonable doubt in favor of the veteran" for compensation purposes in the case of a veteran who engaged in combat with the enemy. The effect of this amendment would be to require the granting of service incurrence or aggravation in combat cases in all but the most obviously unfounded claims. Liberal application of the existing broad provisions of section 354(b) is a cardinal policy of the Board of Veterans' Appeals.

In the final analysis, the question posed by the bill is whether there is any demonstrated need for, or real benefit to be derived from, the imposition of an additional review system with its attendant delays, uncertainties, and extra

expense, upon an appellate system which has functioned fairly and efficiently for 25 years. We think not.

The Board, with its legal and medical consultant staff, is drawn from the best qualified personnel available in all branches of the agency, with the addition of certain highly trained specialists. It is organized to give specialized handling to more than 25 categories of appeals involving a wide variety of complex medical, legal, and other technical questions. In fiscal year 1958, the Board disposed of 39,419 cases. The complete record on which its decisions are based is available to Members of Congress and to veterans through their appointed representatives. Veterans, Members of Congress, and representatives are furnished a detailed written statement of the pertinent facts and a reasoned explanation of the action taken on appeal.

When it is considered that the records in many cases are so voluminous as to require a full day simply to identify and catalog pertinent facts, and that consultation with medical specialists is often more than not essential, it is questionable whether such a court as is contemplated by the bill could adjudicate more than a fraction of the appeals filed with it each year.

It is not possible to estimate the number of appeals which the proposed court might be called upon to decide each year. We have no data upon which to base an estimate of the cost of operations of a court adequately staffed to handle the tremendous workload of appeals which might be expected.

We feel strongly that the utmost care should be taken to insure the grant of every benefit which the evidence justifies under the law. No commission, board, or court is always right; and the Board of Veterans Appeals is subject to the fallibility of human judgment. However, I am proud of the reputation of efficiency and integrity which the Board has achieved over the years and cannot believe that the best interests of the veteran or the Government would be served by the establishment of an additional review system such as is proposed by H.R. 947.

Several other 86th Congress bills (H.R. 975, H.R. 1202, and H.R. 4146) which are presently pending before your committee propose to confer jurisdiction on existing Federal courts to review certain decisions of the Board of Veterans' Appeals. The views expressed in this report on the merits of the basic principle involved are equally applicable to those bills.

For the stated reasons, I recommend that your committee not give favorable consideration to the proposed legislation.

Advice has been received from the Bureau of the Budget that there would be no objection to the submission of this report to your committee.

Sincerely yours,

SUMNER G. WHITTIER,
Administrator.

[H.R. 947, 86th Cong., 1st sess.]

A BILL To amend the Veterans' Benefits Act of 1957 to provide a court to which appeals may be taken from the Board of Veterans' Appeals in the Veterans' Administration, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) title XIII of the Veterans' Benefits Act of 1957 is amended by adding at the end thereof the following new sections:

"UNITED STATES COURT OF VETERANS' APPEALS

"SEC. 1309. (a) The President shall appoint, by and with the advice and consent of the Senate, a chief judge and four associate judges who shall constitute a court of record which shall be known as the United States Court of Veterans' Appeals (hereafter in this title referred to as the 'court').

"(b) The chief judge of the court shall have precedence and preside at any session of the court which he attends.

"(c) The other judges of the court shall have precedence and shall preside according to the seniority of their commissions. Judges of the court whose commissions bear the same date shall have precedence according to seniority in age.

"(d) The chief judge and associate judges of the court shall hold office during good behavior. The chief judge and each associate judge of the court shall receive a salary of $25,500 a year.

"(e) The court shall hold an annual term at the seat of government at a time to be fixed by a rule of the court.

"(f) Three judges of the court shall constitute a quorum. The concurrence of three judges of the court shall be necessary to any decision of the court. "(g) The court, on each appeal from a decision of the Board of Veterans' Appeals, shall file a written opinion as a part of the record and shall send a certified copy of such opinion to the Administrator.

"JURISDICTION OF THE COURT

"SEC. 1310. (a) The court shall have exclusive jurisdiction to review by appeal all decisions of the Board.

"(b) All decisions of the court shall be final and no decision of the court shall be subject to review by any official or court of the United States.

"APPLICATION FOR REVIEW BY THE COURT

“SEC. 1311. (a) Any claimant aggrieved by a decision of the Board may, within one year from the date of mailing of notice of such decision, or the date of enactment of this section, whichever is later, make application to the court for a review of such decision.

"(b) 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 Chairman of the Board. Within fifteen days after the receipt of such statement the Chairman of the Board shall certify and transmit to the court a copy of the record on which the decision of the Board, for which application, for review is being made, was based. "(c) The findings of fact by the Board, unless contrary to the preponderance of the evidence or unless all reasonable doubts have not been resolved in favor of the claimant pursuant to section 211(b), shall be conclusive; but the court, for good cause shown, may remand the case to the Board to take further evidence, and the Board may thereupon make new or modified findings of fact and may modify its previous decision, and shall certify to the court the transcript and record of such further proceedings. Such new or modified findings of fact shall likewise be conclusive unless contrary to the preponderance of the evidence or unless all reasonable doubts have not been resolved in favor of the claimant pursuant to section 211 (b).

"(d) 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, or that the Board has not resolved all reasonable doubts. in favor of the claimant, the court shall 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. The judgment of the court shall be final.

"COURT PERSONNEL

"SEC. 1312. (a) The court may appoint a clerk and an assistant clerk each of whom shall be subject to removal by the court.

"(b) The clerk of the court shall pay into the Treasury all fees, costs, and other moneys collected by him as clerk of the court. He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by the Director of the Administrative Office of the United States Courts.

"(c) The court may appoint a bailiff and a messenger who shall be subject to removal by the court.

"(d) The bailiff of the court shall attend the court, preserve order, and perform such other necessary duties as the court directs.

"(e) The court shall appoint stenographers and other clerical employees in such numbers as may be necessary. Such stenographers and other clerical employees shall be subject to removal by the court.

"FEES; CHARGE FOR COURT'S OPINIONS

"SEC. 1313. (a) The court shall by rule impose a fee not exceeding $10 for the filing of any petition.

"(b) The clerk of the court shall collect for each certified copy of the court's opinion a fee of 25 cents for five pages or less, 35 cents for those over five and

expense, upon an appellate system which has functioned fairly and efficiently for 25 years. We think not.

The Board, with its legal and medical consultant staff, is drawn from the best qualified personnel available in all branches of the agency, with the addition of certain highly trained specialists. It is organized to give specialized handling to more than 25 categories of appeals involving a wide variety of complex medical, legal, and other technical questions. In fiscal year 1958, the Board disposed of 39,419 cases. The complete record on which its decisions are based is available to Members of Congress and to veterans through their appointed representatives. Veterans, Members of Congress, and representatives are furnished a detailed written statement of the pertinent facts and a reasoned explanation of the action taken on appeal.

When it is considered that the records in many cases are so voluminous as to require a full day simply to identify and catalog pertinent facts, and that consultation with medical specialists is often more than not essential, it is questionable whether such a court as is contemplated by the bill could adjudicate more than a fraction of the appeals filed with it each year.

It is not possible to estimate the number of appeals which the proposed court might be called upon to decide each year. We have no data upon which to base an estimate of the cost of operations of a court adequately staffed to handle the tremendous workload of appeals which might be expected.

We feel strongly that the utmost care should be taken to insure the grant of every benefit which the evidence justifies under the law. No commission, board, or court is always right; and the Board of Veterans Appeals is subject to the fallibility of human judgment. However, I am proud of the reputation of efficiency and integrity which the Board has achieved over the years and cannot believe that the best interests of the veteran or the Government would be served by the establishment of an additional review system such as is proposed by H.R. 947.

Several other 86th Congress bills (H.R. 975, H.R. 1202, and H.R. 4146) which are presently pending before your committee propose to confer jurisdiction on existing Federal courts to review certain decisions of the Board of Veterans' Appeals. The views expressed in this report on the merits of the basic principle involved are equally applicable to those bills.

For the stated reasons, I recommend that your committee not give favorable consideration to the proposed legislation.

Advice has been received from the Bureau of the Budget that there would be no objection to the submission of this report to your committee.

Sincerely yours,

SUMNER G. WHITTIER,
Administrator.

[H.R. 947, 86th Cong., 1st sess.]

A BILL To amend the Veterans' Benefits Act of 1957 to provide a court to which appeals may be taken from the Board of Veterans' Appeals in the Veterans' Administration, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) title XIII of the Veterans' Benefits Act of 1957 is amended by adding at the end thereof the following new sections:

"UNITED STAtes court oF VETERANS' APPEALS

"SEC. 1309. (a) The President shall appoint, by and with the advice and consent of the Senate, a chief judge and four associate judges who shall constitute a court of record which shall be known as the United States Court of Veterans' Appeals (hereafter in this title referred to as the 'court').

"(b) The chief judge of the court shall have precedence and preside at any session of the court which he attends.

"(c) The other judges of the court shall have precedence and shall preside according to the seniority of their commissions. Judges of the court whose commissions bear the same date shall have precedence according to seniority in age.

"(d) The chief judge and associate judges of the court shall hold office during good behavior. The chief judge and each associate judge of the court shall receive a salary of $25,500 a year.

"(e) The court shall hold an annual term at the seat of government at a time to be fixed by a rule of the court.

"(f) Three judges of the court shall constitute a quorum. The concurrence of three judges of the court shall be necessary to any decision of the court. "(g) The court, on each appeal from a decision of the Board of Veterans' Appeals, shall file a written opinion as a part of the record and shall send a certified copy of such opinion to the Administrator.

"JURISDICTION OF THE COURT

"SEC. 1310. (a) The court shall have exclusive jurisdiction to review by appeal all decisions of the Board.

(b) All decisions of the court shall be final and no decision of the court shall be subject to review by any official or court of the United States.

"APPLICATION FOR REVIEW BY THE COURT

"SEC. 1311. (a) Any claimant aggrieved by a decision of the Board may, within one year from the date of mailing of notice of such decision, or the date of enactment of this section, whichever is later, make application to the court for a review of such decision.

"(b) 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 Chairman of the Board. Within fifteen days after the receipt of such statement the Chairman of the Board shall certify and transmit to the court a copy of the record on which the decision of the Board, for which application, for review is being made, was based. "(c) The findings of fact by the Board, unless contrary to the preponderance of the evidence or unless all reasonable doubts have not been resolved in favor of the claimant pursuant to section 211(b), shall be conclusive; but the court, for good cause shown, may remand the case to the Board to take further evidence, and the Board may thereupon make new or modified findings of fact and may modify its previous decision, and shall certify to the court the transcript and record of such further proceedings. Such new or modified findings of fact shall likewise be conclusive unless contrary to the preponderance of the evidence or unless all reasonable doubts have not been resolved in favor of the claimant pursuant to section 211(b).

"(d) 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, or that the Board has not resolved all reasonable doubts. in favor of the claimant, the court shall 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. The judgment of the court shall be final.

"COURT PERSONNEL

"SEC. 1312. (a) The court may appoint a clerk and an assistant clerk each of whom shall be subject to removal by the court.

"(b) The clerk of the court shall pay into the Treasury all fees, costs, and other moneys collected by him as clerk of the court. He shall make returns thereof to the Director of the Administrative Office of the United States Courts under regulations prescribed by the Director of the Administrative Office of the United States Courts.

"(c) The court may appoint a bailiff and a messenger who shall be subject to removal by the court.

"(d) The bailiff of the court shall attend the court, preserve order, and perform such other necessary duties as the court directs.

"(e) The court shall appoint stenographers and other clerical employees in such numbers as may be necessary. Such stenographers and other clerical employees shall be subject to removal by the court.

"FEES; CHARGE FOR COURT'S OPINIONS

"SEC. 1313. (a) The court shall by rule impose a fee not exceeding $10 for the filing of any petition.

"(b) The clerk of the court shall collect for each certified copy of the court's opinion a fee of 25 cents for five pages or less, 35 cents for those over five and