DECISIONS

OF THE

ADMINISTRATOR OF VETERANS' AFFAIRS, VETER

ANS' ADMINISTRATION, NUMBERED 716-955, COVERING THE PERIOD JULY 1, 1946, TO JUNE 30, 1955.

ADMINISTRATOR'S DECISION, VETERANS' ADMINISTRATION, NO. 716 JULY 8, 1946.

Subject: Interpretation of the word "injury", section 31, Public Law 141, Seventy-third Congress, to include disease contracted while undergoing treatment in Veterans' Administration facility.

QUESTIONS PRESENTED: (a) Is a contagious disease contracted by a veteran while hospitalized in a Veterans' Administration hospital an injury within the meaning of section 31, Public Law 141, Seventythird Congress?

(b) Where unauthorized hospitalization is obtained for treatment of a contagious disease so contracted, may payment for such hospitalization be authorized?

FACTS: The veteran was discharged from the Veterans' Administration hospital after prostatectomy and 2 days later developed diphtheria to which he had been exposed while at the Veterans' Administration hospital. He was taken from his home to a non-Veterans' Administration hospital for treatment of this disease.

COMMENT: Section 31 of Public Law 141, Seventy-third Congress, provides:

Where any veteran suffers or has suffered an injury, or an aggravation of any existing injury, as the result of training, hospitalization, or medical or surgical treatment, awarded him under any of the laws granting monetary or other benefits to World War veterans, or as the result of having submitted to examination under authority of the War Risk Insurance Act or the World War Veterans' Act, 1924, as amended, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the benefits of Public Law Numbered 2, of Public Law Numbered 78, and of this title shall be awarded in the same manner as if such disability, aggravation, or death were service connected within the meaning of such laws; except that no benefits under this section shall be awarded unless application be made therefor within 2 years after such injury or aggravation was suffered, or such death occurred, or after the passage of this act, whichever is the later date. The

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benefits of this section shall be in lieu of the benefits under the act entitled "An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, as amended." [Italics supplied.]

A similar question has arisen under the Workmen's Compensation statutes of various States. The word "injury" has been construed to include diseases in some of those States and in others it has been construed as excluding most, if not all, diseases. The discussions by several courts involving statutes with varying language will be found in State v. Board of Trustees of Policemen's Pension Fund, 138 Wis. 133, 119 N. W. 806, 807, and City and County of San Francisco v. Industrial Acc. Commission et al. (California), 191 Pac. 26.

In Administrator's Decision No. 255, at page 2, it was stated that it was the purpose of section 31, of Public Law 141, Seventy-third Congress, to reenact the law as it existed in section 213 of the World War Veterans' Act, 1924, as amended. Section 3 (11) of the World War Veterans' Act, 1924, as amended, provided that in titles II, III, and IV of that act, unless the context otherwise required, the word "injury" included disease. Section 213 was a part of title II of the said World War Veterans' Act, 1924, as amended. In a precedent opinion rendered by the then general counsel on September 10, 1930 (64 G. C. 372), it was held that the term "injury" as used in section 202 (3) of the World War Veterans' Act, 1924, as amended-which section also was a part of title II and which provided for the payment of an additional $25 per month for the loss of the use of a creative organ or one or more feet or hands as the result of an "injury" received in the active service in line of duty between April 6, 1917, and November 11, 1918-included "disease" because of the above-mentioned provision in section 3 (11) of the same act. There being nothing in the language of section 213 otherwise requiring, the same rule being applicable, the word "injury" as used therein obviously included disease. Hence, the word "injury" appearing in section 31 of Public Law 141 includes disease.

R. & P. R-1123 (B) (4) provides:

Compensation is not payable for either the usual or the unusual after-results of approved medical care properly administered, in the absence of a showing that the disability proximately resulted through carelessness, accident, negligence, lack of proper skill, error in judgment, etc. The question as to what is an accident, for the purpose of determining entitlement to benefits under section 31, Public No. 141 Seventy-third Congress, and section 12, Public No. 866, Seventysixth Congress, is one for determination by the adjudicating agencies.

HELD: (a) The word "injury," appearing in section 31 of Public Law 141, Seventy-third Congress, includes disease, and if a finding is made by the adjudicating authorities that the requirements of R. & P. R-1123 (B) (4) are met and a disability resulted from the disease, compensation payments are in order.

(b) It would follow as a legal consequence that payment for the unauthorized medical services would be proper in the same way that they would be proper if incurred for a service-connected disability, assuming that the other requirements of the regulations and procedure pertaining thereto are met. Under the precedents of the Veterans' Administration reimbursement for unauthorized medical expenses in service-connected cases may be made even though service connection was not established until after the expenses had been incurred. (See 84 Sol. 224, C-884,724.) (Opinion of the Solicitor dated June 14, 1946, approved July 2, 1946, C-1,355,642.)

ADMINISTRATOR'S DECISION, VETERANS' ADMINISTRATION, NO. 717 AUGUST 16, 1946.

Subject: Interpretation of the word “similar” in section 1506, title VI, Servicemen's Readjustment Act of 1944, as amended, in relation to “The War Service Grants Act, 1944" of Canada.

QUESTION PRESENTED: Are the benefits provided under "The War Service Grants Act, 1944," of Canada "similar" to the loan guaranty benefits awarded to veterans under Public Law 346, Seventy-eighth Congress, as amended, within the meaning of section 1506 of title VI of that act extending the benefits of titles II, III, IV, and V to United States citizens who served in the active service of allied governments during World War II, provided such citizen has not applied for and received the same or similar benefit from the government in whose active military or naval service he served?

FACTS: A United States citizen, after service during World War II in the Canadian Army, received under "The War Service Grants Act, 1944," of Canada, a gratuity and a reestablishment credit, equal to this gratuity, and now claims benefits provided under the Servicemen's Readjustment Act of 1944, as amended.

COMMENT: Section 10, Public Law 268, Seventy-ninth Congress, provides that:

Title VI of the Servicemen's Readjustment Act of 1944, as amended, is amended by adding at the end thereof the following new sections:

"SEC. 1506. Persons who served in the active military or naval service of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of titles II, III, IV, and V of this act or of Public Law 16, seventy-eighth Congress, in the same manner and to the same extent as persons who served in the active military or naval service of the United States: Provided, That any such benefit shall not be extended to any person who is not a resident of the United States at time of filing claim or to any person who has applied for and received the same or similar benefit from the government of the nation in whose active military or naval service he served."

The War Service Grants Act, 1944, of Canada, "An Act to provide for the payment of War Service Gratuities and for the grant of Re

establishment Credits to Members of His Majesty's Forces in respect to Service during the present War," chapter 51, 8 George VI, assented to August 15, 1944, provides, among other things, that:

3. Subject to the provisions of this act, every member of the forces shall, upon discharge be entitled to be paid a war service gratuity for every thirty days of service, as follows:

(a) Seven dollars and fifty cents in respect of service performed in the Western Hemisphere;

(b) Fifteen dollars in respect of overseas service.

8. Subject as hereinafter provided, every member of the forces who does not elect to take benefits under the Veterans' Land Act, 1942, or any educational, vocational, or technical training benefits which are provided out of monies appropriated by Parliament, shall, in order to assist in his reestablishment, be eligible, in addition to the war service gratuity, for a reestablishment credit in an amount equal to the total amount payable to him under section three of this act.

9. All or any part of the reestablishment credit herein provided for may, within a period of 10 years from the date of the coming into force of this act, or the date of his discharge, whichever is the later, be made available to or for the member of the forces eligible therefor when it is shown to the satisfaction of the Minister that such credit is to be used for:

(a) The acquisition of a home

(1) Under the National Housing Act, 1944, in an amount not exceeding twothirds of the difference between the lending value of the home and the amount of the loan made under that act; or

(ii) If not under the National Housing Act, 1944, in an amount not exceeding two-thirds of the difference between the appraised value of the home as approved by the Minister or the purchase price, whichever is the lower, and the amount of the encumbrance or encumbrances thereon, if any;

(b) The repair or modernization of his home, if owned by him;

(c) The purchase of furniture and household equipment for his domestic use in an amount not exceeding two-thirds of the cost thereof;

(d) The provision of working capital for his profession or business;

(e) The purchase of tools, instruments, or equipment for his trade, profession, or business;

(f) The purchase of a business by him in an amount not exceeding two-thirds of the equity fund required for such purpose;

(g) The payment of premiums under any insurance scheme established by the Government of Canada;

(h) The purchase of special equipment required for his educational or vocational training; or

(i) Any other purpose authorized by the Governor in Council.

It appears from the facts stated in this case that the veteran whose claim is under consideration received the gratuity provided under section 3 and the reestablishment credit provided for under section 8 of the War Service Grants Act.

Section 8, Public Law 268, Seventy-ninth Congress, entitled "An act to amend the Servicemen's Readjustment Act of 1944, and for other purposes," approved December 28, 1945, provides in part that:

Title III of the Servicemen's Readjustment Act of 1944, as amended, is amended to read as follows:

"TITLE III-LOANS FOR THE PURCHASE OR CONSTRUCTION OF HOMES, FARMS, AND BUSINESS PROPERTY

"Chapter V-General Provisions for Loans:

"SEC. 500. (a) Any person who shall have served in the active military or naval service of the United States at any time on or after September 16, 1940, and prior to the termination of the present war and who shall have been dis