DECISIONS OF THE ADMINISTRATOR
OF VETERANS' AFFAIRS VETERANS' ADMINISTRATION
COVERING THE PERIOD JULY 1, 1946, TO JUNE 30, 1955
ACCRUED AMOUNTS DUE AND UNPAID AT DEATH:
Burial and funeral expenses:
Reimbursement:
Applicability of 1-year limitation under Public Law 622, 79th Congress, to clearance required from State Department:
Payment out of accrued benefits as provided by Public Law 622, 79th Congress, may be made to resident of Italy as reimbursement for payment of burial ex- penses where she properly executed VA Form 8-508 within 1 year after effective date of act, although Department of State or other Government agency clearance is not obtained within 1-year period pre- scribed by act. A. D. No. 769, November 21, 1947. To foreign government:
The Veterans' Administration will not reimburse a foreign government for expenses incurred in the funeral and burial of a United States veteran either from the statutory burial allowance provided for in part II, Veterans Regulation No. 9 (a), as amended, or from accrued pension or compensation due and unpaid at death of the veteran, where such expenses were paid pursuant to a legal obligation by the foreign government. However, if such disbursement for funeral expenses was made by the foreign government from general funds not specifically authorized for such purposes, i. e., in the nature of an advance or emergency payment, the inhibitions against reimbursement are not applicable. Since it is shown in this particular case that payment for the funeral expenses was made by the foreign government from general funds from which it is permissible to make payments of such nature, and that the payment was not in the nature of an advance, reimbursement may not be made. A. D. No. 937, March 26, 1954. Payment under section 1 (A) (2), Public Law 662, 79th Congress: Death of payee prior to receipt of check:
Where veteran's father died on date of issuance of lump-sum disability compensation check to him under provisions of section Ĭ (A)(2), Public Law 662, 79th Congress, and the check was not delivered until after payee's death, said lump sum is payable to the next in line within the desig- nated class in Public Law 662, supra. A. D. No. 869, February 19, 1951...
ACCRUED AMOUNTS DUE AND UNPAID AT DEATH-Continued Payment under section 1(A) (2), Public Law 662, 79th Congress -Continued Disposition of deposits made prior to and subsequent to enactment of Public Law 662, 79th Congress:
Moneys properly deposited in "Funds Due Incompetent Beneficiaries" after August 8, 1946, are to be considered paid as though awarded to a guardian or other fiduciary and disposed of as provided in section 21 (3), World War Veterans' Act, 1924, as amended. Since Public Law 662, 79th Congress, was not retroactive, conclusion reached herein is not applicable to moneys deposited prior to August 8, 1946. A. D. No. 791 and opinions in conflict with foregoing are amended accordingly. In determining whether estate of an incompetent veteran, without depend- ents, who is being furnished hospital treatment, institu- tional or domiciliary care by the Veterans' Administration, "derived from any source" equals or exceeds $1,500, amounts withheld by virtue of reduction provisions and which become a part of the "lump sum” should be included A. D. No. 815, June 3, 1949.
Where incompetent World War I veteran was, at time of death, in receipt of non-service-connected disability pen- sion under Public Law 2, 73d Congress, as amended, which award was amended to $30 under section 1 (A) (1), Public Law 662, 79th Congress, and part of same deposited in Funds Due Incompetent Beneficiaries, amount in such fund is part of "lump sum" standing for payment, follow- ing death of veteran, to those specifically enumerated in (A) (2) of section 1, Public Law 662, 79th Congress. The statute was not made retroactive. Accordingly, deposits in such fund prior to effective date of Public Law 662, remain subject to controlling laws then in effect. A. D. No. 791, August 5, 1948..
Effective date of Public Law 194, 81st Congress, amending section 1 (B), Public Law 662:
The legislative history of Public Law 194, 81st Congress, shows that Congress desired and intended to put the incompetent veteran, discharged from hospitalization or domiciliary care, on a parity with a competent veteran as to amounts not paid during hospitalization except the benefit is not payable until expiration of 6 months follow- ing finding of competency. The amendment of section 1 (B), Public Law 662, 79th Congress, by Public Law 194, 81st Congress, is to be regarded as in effect from August 8, 1946, date of the act it amends. A. D. No. 830, Sep- tember 19, 1949.
Public Law 662, 79th Congress, specifically includes an adult child for purpose of lump-sum payment. In a case in which the relationship of stepchild existed between veteran and those of his wife's children who became members of his household during their minority, the family relationship usual between parent and child continuing to date of veter- an's death (his wife having previously died), such step- children may be accepted as his children for purposes of the act; but the child who married prior to the mother's mar- riage to the veteran was never a member of his household and is not a stepchild within terms of the act. A. D. No. 818, July 20, 1949.
Special deposit account in Treasury: Applicability of 1-year limitation under Public Law 622, 79th Congress, to clearance required from State Department: Payment of accrued benefits as provided by Public Law 622, 79th Congress, may be made to resident of Italy who prop- erly executed VA Form 8-508 within 1 year after effective date of act, although Department of State or other Gov- ernment agency clearance is not obtained within 1-year period prescribed by act. A. D. No. 769, November 21, 1947.
ACCRUED AMOUNTS DUE AND UNPAID AT DEATH-Continued Special deposit account in Treasury-Continued
Death of veteran in enemy occupied territory:
Where veteran was held permanently and totally disabled in 1939 due to mental condition aggravated in World War I and died in enemy occupied territory in 1940, prior to ap- pointment of guardian, payment may be made under Pub- lic Law 622, 79th Congress, of accrued disability compen- sation. A. D. No. 748, May 27, 1947...
ACTIVE SERVICE: See SERVICE. ADMINISTRATOR: Authority: Delegation:
The Administrator must act, generally by regulation, specifi- cally by designated subordinates, but such acts of subordi- nates, pursuant to and in accord with governing regula- tions, have the same force and effect as though performed by the Administrator in person (38 U. S. C. 426). A. D. No. 837, December 23, 1949_ _.
(1) A veteran who has been administratively awarded $1,000 under the Federal Tort Claims Act, title IV, Public Law 601, 79th Congress, as amended, may be paid disability compensation pursuant to section 31, Public Law 141, 73d Congress, for the same injury. (2) Section 403 (d) of the Federal Tort Claims Act does not preclude a subsequent adjustment where the original award was predicated upon an error of fact. (3) The answer to the question whether the Federal Tort Claims Act is applicable to cases coming within the terms of section 31, Public Law 141, 73d Con- gress, is not within the jurisdiction of the Administrator. Because of the doubt inherent in such question, no tort claims based on the Tort Act will hereafter be paid in cases covered by section 31, at least until the matter is judicially decided. (4) In view of the foregoing it is not here de- cided whether amounts paid under section 31, Public Law 141, 73d Congress, may be offset against an award under the Federal Tort Claims Act based on the same injury. (This A. D. has been modified by A. D. No. 953 of March 14, 1955.) A. D. No. 897, March 17, 1952__ Section 609 (a), Public Law 801, 76th Congress, embraces payments by Veterans' Administration which are described as "overpayment of dividend," refund of premiums, premiums which should have been collected but were erroneously waived and other "overpayment" of any benefit "made under the National Service Life Insurance Act, as amended." It would not be legally proper for the Administrator to undertake to cancel the indebtedness of the types indicated above so that the Government under any and all circumstances would be precluded from col- lecting same. Further, it would be legally improper to waive the collection of debt secured by an insurance con- tract out of moneys payable on account of such contract; and it would not be legally improper to waive such collection out of benefits other than the proceeds of such insurance contract. A. D. No. 875, June 1, 1951.
(1) The Federal Tort Claims Act (title IV, P. L. 601, 79th Cong) as construed by the Supreme Court is applicable to cases arising under section 31 of Public Law 141, 73d Congress, if injury or death is due to negligence or other tortious act, and a judgment under the Tort Act does not, unless specified in the terms thereof, preclude com- pensation payments under said section 31; (2) In settling any such claims under the authority of section 403 of the Federal Tort Claims Act, the Veterans' Administration (General Counsel) must take into consideration any
ADMINISTRATOR-Continued
Authority-Continued
Limitations-Continued
payments previously made under section 31, and further payments thereunder will be precluded by such award; (3) Administrator's Decision No. 897 is accordingly modified. A. D. No. 953, March 14, 1955___. Within the limitations on the regulatory power imposed by the first section of Public Law 610, 81st Congress, an eligible veteran may not be refused enrollment in an approved course and institution except for reasons stated therein. While this does not affect the standards pre- scribed by other statutes-as Public Law 377, 80th Congress-it does confine the authority of the Adminis- trator to determination that the standards are met, or, if not, to refuse payments of tuition and subsistence. No. 862, October 23, 1950----
The authority of the Administrator to retroactively reverse a ruling of a prior Administrator is clear. A. D. No. 950, December 15, 1954_...
The Administrator has authority to change the Regulations; for example, to afford an adjusted rate of tuition pursuant to the last proviso of paragraph 5, part VIII of Veterans Regulation No. 1 (a), as amended by Public Law 268, 79th Congress. A. D. No. 879, June 14, 1951.---- To correct administrative errors:
Within the limitations of VA Regulation 6100, when physical examination is directed for the convenience and purposes of the Government, transportation at Government expense is a matter of right and not a matter of discretion on the part of the authorizing official. In the event of failure to furnish advance authorization as required by VA Regulation 6100 (H), the Administrator has the power and the duty to authorize reimbursement of proper expense in connection therewith. A. D. No. 947, November 15, 1954
A forfeiture under section 4, Public Law 144, 78th Congress, of Naval Pension Allowance payable pursuant to sections 4756 and 4757, Revised Statutes, cannot be determined by the Administrator of Veterans' Affairs, as the Naval pension is not a payment under a law administered by the Veterans' Administration. The question of the effect, if any, of forfeiture under section 4, Public Law 144, 78th Congress, on the certification of entitlement from the Secretary of the Navy is for consideration by him. A. D. No. 931, April 20, 1953.
The Administrator is authorized by section 608 of the Na- tional Service Life Insurance Act of 1940, as amended, to make a finding of guilt of any of the offenses specified in section 612, where the evidence in his judgment supports or warrants the said finding, notwithstanding there has not been a conviction of the said offense. A. D. No. 914, September 15, 1952.
To make rules to carry out National Service Life Insurance Act of 1940, as amended:
A brother or sister by foster relationship is not within the term "brother or sister of the insured," as used in section 602 (g) and (h) of the National Service Life Insurance Act of 1940, as amended. A. D. No. 894, January 31, 1952_..- Where the claim of a designated beneficiary for the proceeds of a National Service Life Insurance policy was administra- tively denied on the ground that brothers and sisters through adoption are not permissible beneficiaries under
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