ACCRUED AMOUNTS DUE AND UNPAID AT DEATH 3. Evidence-Continued. In file at date of death-Continued. Marital status, proof received after death-Continued. 3 in file at date of death" within meaning of paragraph V, part I, Veterans Regulation No. 2 (a) as amended by section 12, Public Law 144, 78th Congress, July 13, 1943 and accrued disability pension may be paid in full amount to his widow. A. D. No. 601, November 4, 1944. 1:1078 Marital status, received after death: Where veteran admitted to Veterans' Administration facility was awarded pension on basis of single man without dependents pending receipt of satisfactory evidence to contrary, and died prior to receipt of such evidence, since evidence necessary to permit making of decision as to entitlement to additional benefits on account of dependents was not of record before veteran died, award of such benefits to widow who made formal application for accrued pension, is precluded by provision in paragraph V, part I, Veterans Regulation No. 2 (a), as amended by section 12, Public Law 144, 78th Congress, July 13 1943, to effect that decision can be made only on evidence in file at date of death. A. D. No. 559, March 10, 1944. 1:933 Claim before death completed by widow in connection with application for accrued pension: Where veteran, in receipt of pension under service pension laws, as reenacted by Public Law 269, 74th Congress, August 13, 1935. at rate of $60 monthly filed claim for increased pension authorized under Public Law 541, 75th Congress, May 24, 1938, by reason of need for regular aid and attendance, but died before claim completed, since under laws relating to pensions affected by Public Law 541, 75th Congress, right of widow to complete husband's pending claim has been recognized, widow may complete husband's claim, in connection with her application for accrued pension. A. D. No. 435, November 23, 1938. 1:623 Death occurring prior to act granting increase but subsequent to effective date of benefits payable: Increased pension provided for under Public Law 469, 78th Congress, December 7, 1944, should be paid as accrued from June 1, 1944, effective date of that Act, to September 18, 1944, date of veteran's death. A. D. No. 650, May 16, 1945. 1:1262 5. Payment where award discontinued under section 202 (7), World War Veterans' Act, 1924, as amended: * Payment of accrued compensation where award discontinued under section 202 (7), World War Veterans' Act, 1924, as amended July 3, 1930. A. D. No. 50, May 8, 1931. 1:44 6. Special deposit account in Treasury: Death occurring after July 13, 1943, disposition of non-forfeited funds: Where beneficiary, dependent father of World War veteran, on whose account payments have been deposited in special deposit account in Treasury under Public Law 828, 76th Congress, October 9, 1940, as amended, is guilty of one of offenses enumerated in section 4, Public Law 144, 78th Congress, July 13, 1943, payment of accrued amount in special deposit account and future payments as provided in section 5, Public Law 144, 78th Congress are forfeited, and in such cases no payment may be made under second paragraph of section 3, Public Law 828, 76th Congress of any amount in special deposit account. Further, any person claiming under second paragraph of section 3, Public Law 828, 76th Congress, any such non-forfeited funds after death of original beneficiary can receive same only if not found guilty of any of offenses mentioned in section 4, Public Law 144, 78th Congress. A. D. No. 670, November 2, 1945. 1:1316 7. Term "apportionee": * Application of term "apportionee," in paragraph V (e), part I, Veterans Regulation No. 2 (a), to dependent parent receiving excess pension under paragraph VI, Veterans Regulation No. 6 (a). A. D. No. 225 January 20, 1934. 1:272 4. Claims of Creditors. See EXEMPTION, Claims of Creditors. 6. Interest. 1. Application: Adjusted Service Certificate: Bearing identified fingerprints but lacking proved signature: Section 5, act, June 5, 1930, amendatory of World War Adjusted Compensation Act, as amended, authorizes payment of adjusted service certificate issued on certification of War Department on application bearing identified fingerprints but lacking proved signature of veteran now deceased, and no procedural action is necessary in order to validate such certificate. A. D. No. 53, May 23, 1931. 1:46 Informal: If timely filed, informal applications for settlement of adjusted service certificates under Adjusted Compensation Payment Act, 1936, as amended, disclosing intention to claim benefits of that act, may be accepted as valid applications and formal applications may be executed later. Application made and filed by another person on behalf of competent veteran may not be _ecognized as valid application under Adjusted Compensation Payment Act, 1936. Where letters received from veterans requesting payment of adjusted service certificates but making no specific mention of adjusted service bonds or final settlement under Adjusted Compensation Payment Act, 1936, same may be accepted as informal applications for settlement under that act, if timely filed. Section 3(a), of that act must be construed as requiring application to be filed in Veterans' Administration. Where last day falls on Sunday or legal holiday, application must be filed not later than next succeeding day. A. D. No. 637, March 13, 1945. 1:1201 2. Beneficiary: Change by last will and testament: Where death of veteran occured prior to February 7, 1931, and he left last will and testament in which attempted change of beneficiary of his adjusted service certificate was made, and such last will and testament has been duly admitted to probate, but such last will and testament was not delivered or properly mailed to Veterans' Administration during lifetime of veteran, payment of proceeds of certificate should not be made to either beneficiary named in such last will and testament or to beneficiary originally named by veteran, but should be made to estate of veteran. A. D. No. 71, August 31, 1931. 1:63 3. Bonus: More than one payment: Under section 2, title I, World War Adjusted Compensation Act, as 3. Bonus-Continued. More than one payment-Continued. amended, military service of veteran under second enlistment terminating in his death in service, subsequent to honorable discharge from first enlistment and payment of $60 bonus provided for under section 1406, Public Law 254, 65th Congress, February 24, 1919, did not constitute him veteran and did not entitle him or his dependents to any benefits whatever under World War Adjusted Compensation Act, as amended July 3, 1926, and does not authorize payment of lump sum bonus provided thereunder to his dependents. A. D. No. 326 July 29, 1935. 1:441 Uncollected, to revive insurance: Where veteran while in service applied for and was granted $10,000 yearly renewable term insurance and while still in service canceled his insurance, and after discharge reenlisted and died in service without having collected $60 bonus, said uncollected bonus may not be applied to payment of premiums on such insurance as section 309, World War Veterans' Act, 1924, as amended, applies only to cases where insurance had lapsed and does not cover cases where insurance did not lapse but was voluntarily canceled. A. D. No. 448. September 30, 1939. 1:643 4. Claims of Creditors. See EXEMPTION, Claims of Creditors. Persons guilty of offenses specified in section 4, Public Law 144, 78th Section 4, Public Law 144, 78th Congress, July 13, 1943, does not Language of Public Law 425, 74th Congress, January 27, 1936, as well as its legislative history bears out conclusion that no interest should be deducted for any period subsequent to September 30, 1931, in any settlement made under original Adjusted Compensation Payment Act, except in case in which death occurred prior to January 27, 1936, date of enactment of Adjusted Compensation Payment Act, 1936, should such case arise for payment at this late date. A. D. No. 679. December 19, 1945. 1:1340 While Public Law 425, 74th Congress, January 27, 1936, provides for cancellation of unpaid interest accruing subsequent to September 30, 1931, it does not provide for refund of any interest under any circumstances. A. D. No. 369, March 5, 1936. 1:504 ADJUSTED SERVICE CERTIFICATE See ADJUSTED COMPENSATION ADMINISTRATOR Approval of courses of vocational rehabilitation beyond four years: 1. Authority—Continued. Approval of courses of rehabilitation, etc.-Continued. gress, approved December 28, 1945, amending proviso to paragraph 1, part VII, Veterans Regulation No. 1 (a), as amended (Public Law 16, 78th Congress), Administrator has authority to approve, when found necessary in special cases to fulfillment of purpose of rehabilitation, enrollment requiring more than four years for completion and when so approved such courses may be afforded subject to other provisions of law, at expense of Government. Such authority may extend to and include cases in which, after commencement of course of training, character or extent of disability or existence of circumstances not previously considered or disclosed established that training to point of restoration of employability will require more than four years. A. D. No. 700, May 28, 1946. 1:1413 Procurement of prosthetic appliances: Authority for procurement of prosthetic appliances and services in no wise affected by section 3743, Revised Statutes (Title 41, U.S.C., sec. 20), which relates solely to evidence required of expenditure of public funds to facilitate audit and settlement of claims and accounts and since authority of administrator to procure prosthetic appliances and services is not restricted thereby, phrase "without regard to any other provision of law" appearing in paragraph two, section 2, Public Law 268, 79th Congress, December 28, 1945, amending paragraph two, section 2, Servicemen's Readjustment Act of 1944, as amended, would not abrogate provisions of statute or decision. of Comptroller General (A-31144) dated April 15, 1930. A. D. No. 706, June 15, 1946. 1:1432 Protection of interests of minor after his release from active service: Administrator has authority under section 21, World War Veterans Act, 1924, as amended by Public Law 262, 74th Congress, August 12, 1935, to protect interests of minor even though he has been in active military service. Hence, payments may be made direct to minor after release from service as provided in R. & P., R.-1298 and 3153 unless fiduciary, guardian, or legal custodian, is functioning, or there is showing that minor is unable to properly administer his estate. A. D. No. 567, July 1, 1944. 1:959 Recognition and approval of education or training in institutions outside United States, its Territories or possessions: Under part VIII, Veterans Regulation No. 1 (a), as added by Public Law 346, 78th Congress, June 22, 1944, education or training benefits are available to veteran pursuing course of education or training in institution outside limits of United States, its Territories or possessions, subject to recognition and approval of school by Administrator. A. D. 596. October 25, 1944. 1:1064 Reimbursement of attorney fee incurred without authority: Administrator, under plenary authority vested in him by law, may authorize reimbursement of attorney fee of $10 incurred by conservator of incompetent veteran without authority in connection with commitment of veteran. A. D. No. 77, November 7, 1931. 1:70 To prescribe alternative methods of payment of tuition under Public Administrator of Veterans' Affairs is not authorized to prescribe To define "satisfactory internship": It is within province of Administrator, in light of standards required by various States and considered essential by medical profession, to define what will constitute satisfactory internship, within meaning of that term as used in section 5 (b), Public Law 293, 79th Congress, January 3, 1946, and further amendment to law is unnecessary. A. D. No. 697, May 15, 1946. 1:1398 ADOPTION See CHILD; PARENT 1. Of claimant or beneficiary. 2. Of Veterans' Administration. 1. Of claimant or beneficiary: Acceptance of application for waiver of premiums by agent of insured: While liberal construction of statute may permit acceptance of application for waiver of premiums under section 602 (n), National Service Life Insurance Act, 1940, as amended, by any person acting as insured's agent, formally or informally, during insured's lifetime, such agency would be terminated by death of insured and application made thereafter would be ineffective. (Section 602 (n), amended by Public Law 452, 78th Congress, September 30, 1944, to make special provision for filing of application_for waiver by beneficiary after insured's death). A. D. No. 528, June 16, 1943. 1:831 2. Of Veterans' Administration: War Department, in preparation and transmittal of claims of veterans in Army hospitals: Since Army hospitals, handling discharges of enlisted men under certificates of disability discharge, are required under Army Regulations, if such men desire, to prepare claims for pension on Form 526 and forward same to Veterans' Administration, War Department may be considered as agent of Veterans' Administration with respect to such claims and claim for pension executed by veteran which was retained by War Department and not forwarded to Veterans' Adminsitration until after veteran's death may be accepted as having been filed with Veterans' Administration as of date of execution. A. D. No. 566, June 28, 1944. 1:958 AGGRAVATION PER SE, REJECTED DRAFTEES 1. Authority to rate: Under paragraph III, part I, Veterans Regulation No. 1 (a): |