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Digitized from Box 4 of the White House Press Releases at the Gerald R. Ford Presidential Library
FOR IMMEDIATE RELEASE
October 29, 1974
Office of the White House Press Secretary
THE WHITE HOUSE
TO THE HOUSE OF REPRESENTATIVES:
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 multiple 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.
more
2
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
# # # #
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"ocrText": "Digitized from Box 4 of the White House Press Releases at the Gerald R. Ford Presidential Library\nFOR IMMEDIATE RELEASE\nOctober 29, 1974\nOffice of the White House Press Secretary\nTHE WHITE HOUSE\nTO THE HOUSE OF REPRESENTATIVES:\nI am withholding my approval of H.R. 7768, a bill\nfor the relief of Mr. Nolan Sharp. I am advised by the\nAttorney General and I have determined that the absence\nof my signature from this bill prevents it becoming\nlaw. Without in any way qualifying this determination,\nI am also returning it without my approval to those\ndesignated by the Congress to receive messages at this\ntime.\nH.R. 7768 would authorize retroactive service-\nconnected disability payments to Mr. Sharp, because of\nmultiple sclerosis, for the period from January 16, 1956,\nto October 1, 1962. Under the bill, these payments would\nhave to be offset against certain non-service-connected\nbenefits Mr. Sharp received during the same period.\nMr. Sharp had honorable Army service from December 1,\n1942, to June 5, 1943, when he was discharged because of\nsevere hypochondriasis and anxiety state. The first\nconfirmed medical diagnosis of an organic neurological\ndisease identifiable as multiple sclerosis was made in\n1949, six years after his discharge. At that time, the\nlaw allowed payment of service-connected disability\nbenefits for multiple sclerosis manifesting itself within\nthree years after separation from wartime service.\nMr. Sharp's claim for service-connected benefits\nbased on multiple sclerosis received several adjudicative\nreviews and was the subject of appellate consideration\non four occasions. On the basis of available evidence,\nthe Veterans Administration was unable to determine\ndirect connection of multiple sclerosis with the veteran's\nmilitary service as required by law. He was, however,\ngranted non-service-connected disability pension, effective\nJanuary 16, 1956.\nEffective October 1, 1962, the Congress extended\nthe presumption of service connection for multiple\nsclerosis from three to seven years. The liberalizing\nstatute, however, prohibited any retroactive payments\nbased on the new presumption. Since Mr. Sharp qualified\nfor service-connected benefits under the new statutory\npresumption, he has been receiving such payments since\nOctober 1, 1962.\nHaving carefully considered the circumstances of\nthis case, I am unable to find sufficient reasons for\napproving this legislation to pay Mr. Sharp's benefits\nfrom an earlier date than the law permits. To make\nsuch a special award would seriously discriminate against\nsimilarly situated veterans.\nmore\n2\nMoreover, once the precedent for such special awards\nis established, it would be difficult to deny awards to\nother veterans who have been prohibited from receiving\nretroactive benefits under the 1962 law or similar statutes.\nThe inevitable result would be to undermine the integrity\nand impartiality essential to the administration of such\nveterans' benefits.\nFor these reasons, I am constrained to withhold my\napproval from H.R. 7768.\nGERALD R. FORD\nTHE WHITE HOUSE,\nOctober 29, 1974\n# # # #"
}