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A-15766, JANUARY 7, 1927, 6 COMP. GEN. 451

A-15766 Jan 07, 1927
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ISSUED PURSUANT TO THE WORLD WAR VETERANS' ACT IS THE DATE OF THE ADMINISTRATIVE DETERMINATION OR ACTION IF UPON THE MOTION OF THE BUREAU. OR IF THE RERATING IS MADE ON THE BASIS OF A CLAIM FILED BY THE BENEFICIARY. WHICH HELD AS FOLLOWS: EFFECTIVE DATES OF INCREASES OR DECREASES IN COMPENSATION UNDER THE NEW SCHEDULE ARE CONTROLLED BY SECTIONS 205 AND 210 OF THE STATUTE. IF THE RERATING IS MADE ON THE MOTION OF THE DIRECTOR. WHICH IN THIS CASE APPARENTLY WAS FEBRUARY 13. THE RERATING IS MADE ON THE BASIS OF A CLAIM FILED BY THE BENEFICIARY. IT IS UNDERSTOOD THAT THE POINT UPON WHICH A FURTHER EXPRESSION IS DESIRED IS AS TO WHETHER THE RULE AS ANNOUNCED IN THE ABOVE QUOTATION WAS INTENDED TO PRECLUDE THE BUREAU.

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A-15766, JANUARY 7, 1927, 6 COMP. GEN. 451

VETERANS' BUREAU - DISABILITY COMPENSATION - EFFECTIVE DATE OF RERATINGS THE EFFECTIVE DATE OF INCREASES IN DISABILITY COMPENSATION UNDER ORIGINAL RERATINGS MADE BY THE VETERANS' BUREAU UNDER THE NEW SCHEDULE OF DISABILITY RATINGS EFFECTIVE JANUARY 1, 1926, ISSUED PURSUANT TO THE WORLD WAR VETERANS' ACT IS THE DATE OF THE ADMINISTRATIVE DETERMINATION OR ACTION IF UPON THE MOTION OF THE BUREAU, OR IF THE RERATING IS MADE ON THE BASIS OF A CLAIM FILED BY THE BENEFICIARY, FROM NOT EXCEEDING SIX MONTHS PRIOR TO DATE OF FILING CLAIM, BUT IN NO CASE PRIOR TO JANUARY 1, 1926. COMP. GEN. 232, AFFIRMED.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JANUARY 7, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 16, 1926, REQUESTING INFORMATION AS TO THE INTENDED APPLICATION OF THAT PART OF DECISION OF OCTOBER 2, 1926, 6 COMP. GEN. 232, DEALING WITH THE CASE OF EDWARD L. MARTHILL, C-405,236, AND INVOLVING THE EFFECTIVE DATE OF THE NEW SCHEDULE OF DISABILITY RATINGS ISSUED PURSUANT TO THE WORLD WAR VETERANS' ACT BY REGULATION NO. 129, EFFECTIVE JANUARY 1, 1926, AND AMENDED BY REGULATION NO. 134, DATED APRIL 2, 1926, WHICH HELD AS FOLLOWS:

EFFECTIVE DATES OF INCREASES OR DECREASES IN COMPENSATION UNDER THE NEW SCHEDULE ARE CONTROLLED BY SECTIONS 205 AND 210 OF THE STATUTE. IF THE RERATING IS MADE ON THE MOTION OF THE DIRECTOR, THE EFFECTIVE DATE OF ANY INCREASE IN COMPENSATION WOULD BE THE DATE OF ADMINISTRATIVE DETERMINATION, WHICH IN THIS CASE APPARENTLY WAS FEBRUARY 13, 1926. THE RERATING IS MADE ON THE BASIS OF A CLAIM FILED BY THE BENEFICIARY, THE EFFECTIVE DATE OF ANY INCREASE IN COMPENSATION WOULD BE FROM NOT EXCEEDING SIX MONTHS PRIOR TO DATE OF FILING CLAIM, BUT IN NO CASE PRIOR TO JANUARY 1, 1926. * * *

FROM YOUR SUBMISSION AND ACCOMPANYING PAPERS, IT IS UNDERSTOOD THAT THE POINT UPON WHICH A FURTHER EXPRESSION IS DESIRED IS AS TO WHETHER THE RULE AS ANNOUNCED IN THE ABOVE QUOTATION WAS INTENDED TO PRECLUDE THE BUREAU, ON ITS OWN MOTION OR UPON APPLICATION TO THE BUREAU, FROM REVIEWING AND CORRECTING ERRONEOUS AWARDS RETROACTIVELY EFFECTIVE UNDER SECTION 205 OF THE WORLD WAR VETERANS' ACT. WITH REFERENCE TO THIS POINT I HAVE TO ADVISE THAT THERE WAS NO PURPOSE OR INTENT BY SAID DECISION TO DENY THE AUTHORITY OF THE BUREAU TO REVIEW AND CORRECT ERRONEOUS AWARDS OF DISABILITY COMPENSATION RETROACTIVELY EFFECTIVE, EITHER ON MOTION OF THE BUREAU OR UPON APPLICATION MADE BY THE BENEFICIARY, UNDER AUTHORITY OF SECTION 205 OF THE WORLD WAR VETERANS' ACT.

THE DECISION IN QUESTION DEALT WITH ORIGINAL RERATINGS UNDER THE NEW SCHEDULE, NOT WITH CORRECTIONS OF ERRONEOUS AWARDS. ORIGINAL RERATINGS UNDER THE NEW SCHEDULE, OR PURSUANT TO A CHANGED PHYSICAL CONDITION, ARE NOT CORRECTIONS OF ERRONEOUS AWARDS. IT IS BELIEVED THAT THE CONGRESS DID NOT INTEND TO RESTRICT RERATINGS UNDER THE NEW SCHEDULE ONLY TO CASES WHERE CLAIMS ARE ACTUALLY FILED, BUT INTENDED TO AUTHORIZE RERATINGS UNDER THE NEW SCHEDULE EITHER UPON THE MOTION OF THE VETERANS' BUREAU OR UPON THE FILING OF A CLAIM BY THE BENEFICIARY. IF THE FORMER, THE EFFECTIVE DATE OF ANY INCREASE IN COMPENSATION IS THE DATE OF THE ADMINISTRATIVE DETERMINATION. IN SUCH CASES THERE IS NO STATUTORY AUTHORITY FOR A RETROACTIVE INCREASE IN COMPENSATION ON THE BASIS OF A RERATING ORIGINALLY MADE UNDER THE NEW SCHEDULE. IF THE LATER, THE EFFECTIVE DATE OF ANY INCREASE IN COMPENSATION "WOULD BE FROM NOT EXCEEDING SIX MONTHS PRIOR TO DATE OF FILING CLAIM, BUT IN NO CASE PRIOR TO JANUARY 1, 1926.' THIS AUTHORITY FOR RETROACTIVE INCREASES ON THE BASIS OF RERATINGS ORIGINALLY MADE UNDER THE NEW SCHEDULE IN THE CASE OF A CLAIM FILED BY THE BENEFICIARY IS RECOGNIZED IN SECTION 210 OF THE STATUTES, BUT DOES NOT EXTEND TO THOSE CASES WHERE THE RERATING HAS BEEN ON THE MOTION OF THE DIRECTOR. AND IN THE ABSENCE OF SUCH STATUTORY PROVISION THE INCREASES MUST BE PROSPECTIVELY EFFECTIVE FROM THE DATE OF THE ADMINISTRATIVE DETERMINATION.

IN EITHER CASE, IF THE ORIGINAL RERATINGS ARE CLEARLY ERRONEOUS, AND THE BUREAU REVIEWS AND CORRECTS THEM, EITHER UPON ITS OWN MOTION OR UPON APPLICATION MADE TO THE BUREAU, THE EFFECTIVE DATE OF ANY INCREASE IN COMPENSATION RESULTING FROM THE CORRECTION OF THE ERROR WOULD BE CONTROLLED BY SECTION 205 OF THE STATUTE, WHICH IN PRINCIPLE WOULD AUTHORIZE THE CORRECTION TO BECOME EFFECTIVE THE SAME DATE THE ORIGINAL RERATING WAS MADE EFFECTIVE.

IN THE CASE OF EDWARD L. MARTHILL, CONSIDERED IN THE FORMER DECISION, THE RERATING WAS NOT DUE TO AN ERROR BUT TO THE ADOPTION OF A NEW SCHEDULE AND APPEARED TO HAVE BEEN MADE ON THE MOTION OF THE VETERANS' BUREAU. ACCORDINGLY, IT WAS HELD TO BE EFFECTIVE FROM FEBRUARY 13, 1926, THE DATE OF THE ADMINISTRATIVE DETERMINATION OR RERATING UNDER THE NEW SCHEDULE.

YOU HAVE ALSO FORWARDED FOR CONSIDERATION A LETTER FROM THE CHAIRMAN NATIONAL REHABILITATION COMMITTEE OF THE AMERICAN LEGION, EXPRESSING VIEWS CONTRARY TO THOSE IN THE FORMER DECISION OF THIS OFFICE. THERE APPEARS NOTHING IN SAID LETTER TO REQUIRE OR JUSTIFY ANY MODIFICATION IN THE FORMER DECISION, WHICH IS AFFIRMED.

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