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7336777
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President withholding approval of H.R. 7768, a bill for the relief of Mr. Nolan Sharp [Veto Statements and Announcements]
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7336777
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contentType
document
title
President withholding approval of H.R. 7768, a bill for the relief of Mr. Nolan Sharp [Veto Statements and Announcements]
citationUrl
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White House Press Releases (Ford Administration)
Press Releases
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U.S. House of Representatives. (03/04/1789 - )
Vetoes
Legislation
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7336777
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29
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1974-10-29
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10
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1974
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nara-archive
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7eff16d6b67872b8
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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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