936 Congress, 26 Session House Document No. 93-379

VETOING H.R. 7768, RELIEF OF NOLAN SHARP

MESSAGE

FROM%

THE PRESIDENT OF THE UNITED STATES

VETOING

H.R. 7768, AN ACT FOR THE RELIEF OF NOLAN SHARP

NOVEMBER 18, 1974.-Message and accompanying act ordered to be printed

as a House document

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON 1974

93d Congress, 2d Session House Document No. 93-379
To the Hou8e of Representative:

I am withholding my approval of H.R. 7768, a bill for the relief of

Mr. Nolan Sharp. I am advised by the Attorney General and I have

determined that the absence of my signature from this bill prevents it

becoming law. Without in any way qualifying this determination, I

am also returning it without my approval to those designated by the

Congress to receive messages at this time.

H.R. 7768 would authorize retroactive service-connected disability

payments to Mr. Sharp, because of multiple sclerosis, for the period

from January 16, 1956, to October 1, 1962. Under the bill, these payments would have to be offset against certain non-service-connected

benefits Mr. Sharp received during the same period.

Mr. Sharp had honorable Army service from December 1, 1942, to

June 5, 1943, when he was discharged because of severe hypochondriasis and anxiety state. The first confirmed medical diagnosis of an

organic neurological disease identifiable as mutiple sclerosis was made

in 1949, six years after his discharge. At that time, the law allowed

payment of service-connected disability benefits for multiple sclerosis

manifesting itself within three years after separation from wartime

service.

Mr. Sharp's claim for service-connected benefits based on multiple

sclerosis received several adjudicative reviews and was the subject of

appellate consideration on four occasions. On the basis of available

evidence, the Veterans' Administration was unable to determine direct

connection of multiple sclerosis with the veteran's military service as

required by law. He was, however, granted non-service-connected disability pension, effective January 16, 1956.

Effective October 1, 1962, the Congress extended the presumption

of service connection for multiple sclerosis from three to seven years.

The liberalizing statute, however, prohibited any retroactive payments based on the new presumption. Since Mr. Sharp qualified for

service-connected benefits under the new statutory presumption, he

has been receiving such payments since October 1, 1962.

Having carefully considered the circumstances of this case, I am unable to find sufficient reasons for approving this legislation to pay

Mr. Sharp's benefits from an earlier date than the law permits. To

make such a special award would seriously discriminate against similarly situated veterans.

Moreover, once the precedent for such special awards is established,

it would be difficult to deny awards to other veterans who have been

prohibited from receiving retroactive benefits under the 1962 law or

similar statutes. The inevitable result would be to undermine the integrity and impartiality essential to the administration of such veterans' benefits.

For these reasons, I am constrained to withhold my approval from

H.R. 7768.

GERALD R. FORD.

THE WHITE HOUSE, October 29, 1974.

(in) H.D. 379