Veterans' and Survivors' Compensation and Pension Improvement Act of 1991

Summary

Title I: Short Title and References - Veterans' and Survivors' Compensation and Pension Improvement Act of 1991. Title II: Survivors' Dependency and Indemnity Compensation Equalization - Amends Federal provisions relating to the payment of dependency and indemnity compensation (DIC) to the surviving spouses of veterans to prescribe as the minimum amount of such payments: (1) for FY 1992, the rate provided for the surviving spouse of a veteran whose pay grade was E-2; (2) for FY 1993, E-3; (3) for FY 1994, E-4; (4) for FY 1995, E-5; and (5) effective October 1, 1995, E-6. Provides that, for DIC awards based on deaths occurring after October 1, 1991, or on or after 90 days after the termination of the Persian Gulf War, whichever is later, the monthly rate shall be the above rates, with the condition that if the pay grade of the person whose death entitlement is predicated exceeds E-6, then the DIC shall be payable at the E-6 level as the maximum amount. Title III: Pension Provisions - Amends Federal provisions regarding the pensions for veterans for wartime service to require generally 180 days of service (currently 90) to qualify for a non-service-connected disability pension. Provides a savings clause for claims filed before October 1, 1991. Provides that the monthly pension of a veteran whose pension has been reduced because of Department of Veterans Affairs-provided hospital, domiciliary, or nursing home care, and who is readmitted for such care within six months of discharge, would have a cap of $90 per month (currently, $60). Provides that when an award of pension has been deferred or paid based on anticipated income, the effective date of an entitlement or increase in pension shall be in accordance with the facts found if evidence is received before the expiration of the next year (currently, next calendar year). Title IV: Miscellaneous Compensation Provisions - Revises the definition of "radiation-exposed veteran" for purposes of eligibility for payment of veterans' disability compensation to: (1) delete the current requirement that participation in a radiation-risk activity must have taken place while serving on active duty; and (2) provide that onsite participation in a test involving the atmospheric detonation of a nuclear device can include the detonation of such devices by nations other than the United States. Provides that the disease of leukemia arising at any time after service (currently, must arise within a 30-year manifestation period) and associated with participation in the testing of nuclear devices while in service will be considered service-connected for purposes of coverage under Department benefits provisions. Provides that no adjustment in the schedule for the ratings of veterans' disabilities shall result in a reduction of individual evaluations or the severance of service-connected presumption in the absence of: (1) a demonstrable improvement in a physical or mental condition; or (2) a finding of clear and unmistakable error. Provides that, where an incompetent veteran having neither spouse nor child is being furnished hospital treatment or institutional or domiciliary care at government expense, payments of pension or compensation or certain retired pay will be suspended when the veteran's estate equals or exceeds $4,500 (currently, $1,500) and continue until such estate is reduced to $1,500 (currently $500). Title V: Repeal of Certain Sunset Provisions - Makes permanent (currently ends September 30, 1992) the authority of the Secretary of Veterans Affairs to obtain from the Secretaries of the Treasury and Health and Human Services certain information needed to determine the eligibility of veterans for certain needs-based compensation and benefits. Makes permanent (currently ends September 30, 1992) a provision which limits the monthly pension payments for Medicaid-eligible recipients of veterans' pensions who have no dependents and are in nursing homes participating in Medicaid. Title VI: Manila Regional Office - Extends through FY 1996 the authority to operate a regional office of the Department in the Philippines.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 22 July 1991

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