A-10314, JULY 22, 1925, 5 COMP. GEN. 44

A-10314: Jul 22, 1925

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WHERE A CLAIM IS FILED AND SATISFACTORILY PROVEN FOR BURIAL EXPENSES OF A VETERAN DYING WHILE RECEIVING DISABILITY COMPENSATION OR VOCATIONAL TRAINING. PAYMENT SHOULD IN ALL SUCH CASES FIRST BE MADE OF THE STATUTORY ALLOWANCE OF $100 BEFORE ANY PAYMENT IS MADE FROM THE ACCRUED COMPENSATION OR INSURANCE ON THE BASIS OF A PREFERRED CLAIM. 1925: I HAVE YOUR LETTER OF JUNE 25. IS EFFECTIVE TO ALSO WAIVE ANY CLAIM THE UNDERTAKER MAY HAVE TO AN AMOUNT. YOU STATE THE WAIVER IS MADE IN THE FOLLOWING FORM: I HEREBY WAIVE ALL CLAIMS AGAINST THE UNITED STATES FOR ANY PART OF THE FUND OF DECEASED BENEFICIARY OR ALLOTTEE AND HOLD (NAME OF CLAIMANT) RESPONSIBLE FOR THE PAYMENT THEREOF. BURIAL EXPENSES OF VETERANS ARE PAYABLE FROM ACCRUED INSTALLMENTS OF DISABILITY COMPENSATION OR INSURANCE ONLY AS CONSTITUTING A "PREFERRED CLAIM" AGAINST THE ESTATE OF THE DECEASED.

A-10314, JULY 22, 1925, 5 COMP. GEN. 44

BURIAL EXPENSES - VETERANS' BUREAU THE WAIVER OF CLAIMS AGAINST THE UNITED STATES FOR ANY PART OF THE FUND OF A DECEASED BENEFICIARY OR ALLOTTEE REQUIRED OF UNDERTAKERS ON FUNERAL BILLS SUBMITTED TO THE UNITED STATES VETERANS' BUREAU IN SUPPORT OF A CLAIM FOR ACCRUED UNPAID INSTALLMENTS OF DISABILITY COMPENSATION OR INSURANCE DUE AT DATE OF DEATH OF THE BENEFICIARY DOES NOT DEFEAT THE UNDERTAKER'S CLAIM SATISFACTORILY PROVEN FOR THE STATUTORY ALLOWANCE OF AN AMOUNT NOT EXCEEDING $100 FOR BURIAL EXPENSES AUTHORIZED BY THE WORLD WAR VETERANS' ACT, AS AMENDED BY THE ACT OF MARCH 4, 1925, 43 STAT. 1305. WHERE A CLAIM IS FILED AND SATISFACTORILY PROVEN FOR BURIAL EXPENSES OF A VETERAN DYING WHILE RECEIVING DISABILITY COMPENSATION OR VOCATIONAL TRAINING, EXCEEDING IN AMOUNT $100, PAYMENT SHOULD IN ALL SUCH CASES FIRST BE MADE OF THE STATUTORY ALLOWANCE OF $100 BEFORE ANY PAYMENT IS MADE FROM THE ACCRUED COMPENSATION OR INSURANCE ON THE BASIS OF A PREFERRED CLAIM.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JULY 22, 1925:

I HAVE YOUR LETTER OF JUNE 25, 1925, REQUESTING DECISION WHETHER THE WAIVER OF CLAIMS AGAINST THE UNITED STATES REQUIRED OF UNDERTAKERS ON FUNERAL BILLS SUBMITTED TO THE UNITED STATES VETERANS' BUREAU IN SUPPORT OF A CLAIM FOR APPLICATION OF ACCRUED AND UNPAID INSTALLMENTS OF DISABILITY COMPENSATION OR INSURANCE DUE AT DATE OF DEATH OF THE BENEFICIARY, IS EFFECTIVE TO ALSO WAIVE ANY CLAIM THE UNDERTAKER MAY HAVE TO AN AMOUNT, NOT EXCEEDING $100, ALLOWED BY STATUTE FOR FUNERAL EXPENSES OF VETERANS OF ANY WAR. YOU STATE THE WAIVER IS MADE IN THE FOLLOWING FORM:

I HEREBY WAIVE ALL CLAIMS AGAINST THE UNITED STATES FOR ANY PART OF THE FUND OF DECEASED BENEFICIARY OR ALLOTTEE AND HOLD (NAME OF CLAIMANT) RESPONSIBLE FOR THE PAYMENT THEREOF.

BURIAL EXPENSES OF VETERANS ARE PAYABLE FROM ACCRUED INSTALLMENTS OF DISABILITY COMPENSATION OR INSURANCE ONLY AS CONSTITUTING A "PREFERRED CLAIM" AGAINST THE ESTATE OF THE DECEASED. SEE 26 COMP. DEC. 650, 652. IT IS UNDERSTOOD THAT APPLICATION OF SUCH AMOUNTS TOWARD PAYMENT TO OTHER THAN THE UNDERTAKER OF BURIAL EXPENSES AS A PREFERRED CLAIM IS MADE ONLY WHERE THE UNDERTAKER PERFORMING THE SERVICE WAIVES ALL CLAIMS AGAINST THE UNITED STATES "FOR ANY PART OF THE FUND OF THE DECEASED BENEFICIARY OR ALLOTTEE.' SUCH WAIVER WOULD APPEAR TO BE EXPRESSLY LIMITED TO THE FUND, THE APPLICATION OF WHICH IS REQUESTED FOR BURIAL EXPENSES, VIZ, ACCRUED INSTALLMENTS OF DISABILITY COMPENSATION OR INSURANCE. SUCH A WAIVER WOULD NOT BE EFFECTIVE TO DEFEAT A CLAIM TO THE STATUTORY ALLOWANCE OF AN AMOUNT, NOT EXCEEDING $100, FOR BURIAL EXPENSES OF VETERANS OF THE WORLD WAR DYING WHILE RECEIVING DISABILITY COMPENSATION, GRANTED BY THE WORLD WAR VETERANS' ACT, AS AMENDED BY THE ACT OF MARCH 4, 1925, 43 STAT. 1305, WHICH PROVIDES:

PROVIDED, THAT WHEN SUCH PERSON DIES WHILE RECEIVING FROM THE BUREAU COMPENSATION OR VOCATIONAL TRAINING, THE ABOVE BENEFITS SHALL BE PAYABLE IN ALL CASES; * * * AND PROVIDED FURTHER, THAT NO ACCRUED PENSION, COMPENSATION, OR INSURANCE DUE AT THE TIME OF DEATH SHALL BE DEDUCTED FROM THE SUM ALLOWED.

ACCORDINGLY, WHERE CLAIM IS FILED AND SATISFACTORILY PROVEN UNDER THE CONTROLLING LAWS AND REGULATIONS FOR BURIAL EXPENSES OF A VETERAN DYING WHILE RECEIVING DISABILITY COMPENSATION OR VOCATIONAL TRAINING, EXCEEDING IN AMOUNT $100, PAYMENT SHOULD IN ALL SUCH CASES FIRST BE MADE OF THE STATUTORY ALLOWANCE OF $100 BEFORE ANY PAYMENT IS MADE FROM THE ACCRUED COMPENSATION OR INSURANCE ON THE BASIS OF A PREFERRED CLAIM.