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JUDICIAL REVIEW OF VETERANS' CLAIMS

HEARINGS

BEFORE A

SPECIAL SUBCOMMITTEE

OF THE

COMMITTEE ON VETERANS' AFFAIRS

HOUSE OF REPRESENTATIVES

EIGHTY-SEVENTH CONGRESS

SECOND SESSION

ON

H.R. 282, H.R. 775, H.R. 849, H.R. 852, H.R. 857, H.R. 3263,
H.R. 3814, H.R. 3815, H.R. 4134, H.R. 4696, H.R. 5992, and
H.R. 6723

FEBRUARY 20, 21, 26, MARCH 1, AND 5, 1962

Printed for the use of the Committee on Veterans' Affairs

ERSITY

APR 1962

UVENT

Pages of all hearings are numbered cumulatively to permit a
Comprehensive index at the end of the Congress. Page numbers
lower than those in this hearing refer to other legislation.

80082 O

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1962

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CONTENTS

Page

Addabbo, Hon. Joseph P.

1972, 1980-1982, 1990, 2016-2019
American Bar Association, Berger, Raoul, chairman, special committee on
courts of special jurisdiction and section of administrative law. 1974-1991

American Legion:

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Peltz, Irving, National service officer..

Wood, Frank G., assistant national service director for claims__ 1940-1942

Downer, Adin M. (See Committee staff; Subcommittee counsel.)
Ellsworth, Hon. Robert F..

1883,
1911, 1922, 1926, 1936, 1940, 1943, 2025, 2028, 2041, 2042
English System of Judicial Review of veterans' claims, explanation of and
sample cases_

1804-1816

1727-1801

Findings of Fact and Conclusions of Law in Decisions of the Board of Vet-
erans' Appeals," excerpts from...
Freudenberger, Élmer M. (See Disabled American Veterans.)
Haley, Hon. James A..............

1882, 1883, 1885, 1939, 1940,
1942, 1945, 1955, 1993, 1999, 2001-2003

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Ten-year chronology-

1825

C

Nussbaum, Harold J. (See Association of Plaintiffs' Trial Attorneys of the

District of Columbia.)

Patterson, Edwin B. (See Committee staff counsel.)
Peltz, Irving. (See Disabled American Veterans.)
Pension Appeal Tribunal in England, percentage of case allowed, 1945-
1960_

1803

Proulx, Alfred C. (See Military Appeals, U.S. Court of.)
Quinn, Hon. Robert E. (See Military Appeals, U.S. Court of.)
Saylor, Hon. John P.
1883, 1887, 1908-1911, 1918-1921,
1924-1926, 1940-1943, 1955, 1956-1961, 2003-2015, 2062–2065

Stars and Stripes, editorial on Judicial Review

Stover, Francis W. (See Veterans of Foreign Wars.)

1803

1804

Military Appeals, Court of. (See separate listing.)

1803

District, total cases and decisions, 1961-

Insurance cases pending in, 1961..

Supreme Court, opinions, 1960_term_

Stancil, James W., Chairman, Board of Veterans' Appeals. 2007, 2008,
2012-2019, 2035, 2036, 2038, 2039-2047, 2050-2055

Stover, Francis W., Director, national legislative service-

Wood, Frank G. (See Disabled American Veterans.)

The subcommittee met at 10 a.m., pursuant to call, in room 356,

Old House Office Building, Hon. Horace Kornegay, chairman of the

subcommittee, presiding.

Mr. KORNEGAY. The subcommittee will come to order, please.

I apologize for being a few minutes late in getting started this
morning, but I am sure all of you are aware of the occasion, this
startling day in the life of our country, Colonel Glenn's blast off, and
his now being in orbit. I was one that witnessed it by way of tele-
vision and I hope that most of you saw the same thing.

Now we will get down to business.

Without objection I will insert in the record the bills, Veterans'

Administration reports, and other data pertinent to the hearings.

(The material follows:)

An explanation of the material contained hereafter is contained
in a letter which was mailed to each of the four major veterans'
organizations on July 14, 1961. The text of the letter follows:

At the conclusion of the hearings on judicial review in the 2d session of the
86th Congress a bill was introduced to provide that decisions of the Board of
Veterans' Appeals should contain findings of fact and conclusions of law separately
stated. Representatives of the Veterans' Administration agreed with this pro-
posal and have undertaken to change the style and content of decisions of the
Board in order to comply with this recommendation.

An identical bill, H.R. 866, was introduced in the 87th Congress and is now
at the White House awaiting Presidential approval. This bill, if approved, will
become effective January 1, 1962, and will make it mandatory that all decisions
of the Board after that date contain findings of fact and conclusions of law
separately stated.

You may also recall that in connection with this subject the committee con-
ducted a study of the English system of adjudication of veterans' claims and in
this connection included in the committee report on H.R. 866 a copy entitled
"Statement of the Case" as used in the English system. The "Statement of the
Case" is merely a recitation of the essential facts necessary to a determination
of all issues involved in the appeal. It is prepared in the office where the admin-

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