B-125206, OCT. 9, 1956
Highlights
IT IS REPORTED THAT IN THE CONFERENCE YOU STATED THE FACTUAL REPORT OF THE SURVEY APPEARED FAIRLY TO PORTRAY THE PRESENT CONDITIONS IN THE WESTON HOME AND CONCEDED THAT UNDER THE 1888 ACT. YOU REQUESTED IN VIEW THEREOF THAT WE TAKE NO FURTHER ACTION ON THE STATE'S CLAIM UNTIL SUCH TIME AS THE MATTER IS PRESENTED TO THE STATE LEGISLATURE FOR A DETERMINATION AS TO WHETHER THE SET UP OF THE HOME SHOULD BE MODIFIED SO THAT IT MIGHT QUALIFY UNDER THE ACT FOR THE FEDERAL AID PAYMENTS. YOU ADVISED THAT IF A DECISION TO DO SO WAS REACHED AND THE CHANGES WERE MADE. WE WILL TAKE NO FURTHER ACTION IN THE MATTER UNTIL AND UNLESS WE RECEIVE FROM YOU OR THE STATE'S DEPARTMENT OF VETERANS AFFAIRS A REQUEST THAT WE DO OTHERWISE.
B-125206, OCT. 9, 1956
TO MR. HAROLD A. BANGERT, JR., ASSISTANT ATTORNEY GENERAL:
BY LETTER OF AUGUST 17, 1956, WE FURNISHED YOU A COPY OF LETTER DATED AUGUST 9, 1956, WITH ENCLOSURE, FROM THE DEPUTY ADMINISTRATOR OF VETERANS AFFAIRS ADVISING THAT ON THE BASIS OF A SURVEY MADE BY IT, THE VETERANS ADMINISTRATION HAD DETERMINED THAT THE STATE SOLDIERS' HOME AT WESTON, WEST VIRGINIA, DID NOT QUALIFY FOR FEDERAL AID PAYMENTS UNDER THE ACT OF AUGUST 27, 1888, AS AMENDED, 24 U.S.C. 134, AS CONSTRUED BY OUR DECISIONS. WE ADVISED YOU IN THAT LETTER THAT WE WOULD WITHHOLD OUR FINAL DECISION PENDING ANY COMMENTS YOU OR THE WEST VIRGINIA DEPARTMENT OF VETERANS AFFAIRS MIGHT CARE TO SUBMIT.
ON SEPTEMBER 5, 1956, YOU CALLED AT OUR OFFICE IN PERSON AND DISCUSSED THE MATTER WITH A REPRESENTATIVE OF OUR GENERAL COUNSEL'S OFFICE. IT IS REPORTED THAT IN THE CONFERENCE YOU STATED THE FACTUAL REPORT OF THE SURVEY APPEARED FAIRLY TO PORTRAY THE PRESENT CONDITIONS IN THE WESTON HOME AND CONCEDED THAT UNDER THE 1888 ACT, AS AMENDED, AND OUR DECISIONS CONSTRUING SUCH ACT, THE HOME AS PRESENTLY CONSTITUTED COULD NOT QUALIFY FOR THE FEDERAL AID PAYMENTS. YOU REQUESTED IN VIEW THEREOF THAT WE TAKE NO FURTHER ACTION ON THE STATE'S CLAIM UNTIL SUCH TIME AS THE MATTER IS PRESENTED TO THE STATE LEGISLATURE FOR A DETERMINATION AS TO WHETHER THE SET UP OF THE HOME SHOULD BE MODIFIED SO THAT IT MIGHT QUALIFY UNDER THE ACT FOR THE FEDERAL AID PAYMENTS. YOU ADVISED THAT IF A DECISION TO DO SO WAS REACHED AND THE CHANGES WERE MADE, A REQUEST FOR A SURVEY OF THE RECONSTITUTED HOME WOULD THEN BE MADE.
ACCORDINGLY, AND IN CONFORMITY WITH YOUR REQUEST, WE WILL TAKE NO FURTHER ACTION IN THE MATTER UNTIL AND UNLESS WE RECEIVE FROM YOU OR THE STATE'S DEPARTMENT OF VETERANS AFFAIRS A REQUEST THAT WE DO OTHERWISE. SUCH INACTION IS WITHOUT PREJUDICE TO ANY FUTURE CLAIM THE STATE, AFTER IT MAKES WHATEVER CHANGES ARE FELT NECESSARY TO ENABLE THE HOME TO QUALIFY, MAY FILE FOR FEDERAL AID PAYMENTS.