A-16380, DECEMBER 6, 1926, 6 COMP. GEN. 382

A-16380: Dec 6, 1926

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ALTHOUGH HOSPITALIZATION IN THE STATE INSTITUTIONS WAS NOT AUTHORIZED BY THE VETERANS' BUREAU. 4 COMP. THE REASON STATED FOR THE DISALLOWANCE WAS THAT BENEFICIARIES OF THE VETERANS' BUREAU WERE NOT ENTITLED TO BE REIMBURSED BY THE UNITED STATES FOR AMOUNTS PAID STATE HOSPITALS FOR MEDICAL CARE AND TREATMENT PRIOR TO THE TIME THE VETERANS' BUREAU ASSUMED CONTROL OF SUCH PERSONS AND AUTHORIZED THEIR HOSPITALIZATION. IN THE INSTANT CASE HOSPITALIZATION WAS NOT AUTHORIZED DURING THE PERIOD COVERED BY THE CLAIM. AWARD OF COMPENSATION WAS APPROVED NOVEMBER 20. COMPENSATION WAS AWARDED TO CLAIMANT AT THAT TIME FOR A DISABILITY OF NEPHRITIS. THIS AWARD WAS CONTINUED UNTIL MAY 31. WHEN THE DISABILITY OF NEPHRITIS WAS RATED AS LESS THAN 10 PERCENT IN DEGREE.

A-16380, DECEMBER 6, 1926, 6 COMP. GEN. 382

VETERANS' BUREAU - MEDICAL TREATMENT - STATE HOSPITALS UNDER SECTION 9 OF THE ACT OF JULY 2, 1926, 44 STAT. 795, A BENEFICIARY OF THE VETERANS' BUREAU ENTITLED TO DISABILITY COMPENSATION UNDER THE PROVISIONS OF PARAGRAPH (1), (2), OR (3) OF SECTION 202 OF THE ACT OF JUNE 7, 1924, 43 STAT. 618, MAY BE REIMBURSED FOR PAYMENTS MADE BY HIM TO STATE INSTITUTIONS FOR THE COST OF MEDICAL CARE AND TREATMENT INCURRED PRIOR TO JULY 2, 1926, DURING PERIODS COVERED BY SUCH AWARDS OF DISABILITY COMPENSATION, ALTHOUGH HOSPITALIZATION IN THE STATE INSTITUTIONS WAS NOT AUTHORIZED BY THE VETERANS' BUREAU. 4 COMP. GEN. 999 AND 5 ID. 614 NO LONGER CONTROLLING FOR PERIODS PRIOR TO JULY 2, 1926.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 6, 1926:

WILLIAM P. EPPERSON APPLIED OCTOBER 22, 1926, FOR REVIEW OF SETTLEMENT DATED OCTOBER 19, 1926, DISALLOWING HIS CLAIM NO. 0110562, IN THE SUM OF $457 AS REIMBURSEMENT OF AMOUNT PAID BY HIM FOR MEDICAL AND HOSPITAL TREATMENT WHILE CONFINED IN THE CENTRAL STATE HOSPITAL, LAKELAND, KY., FROM JANUARY 29, 1922, TO MAY 5, 1923. THE REASON STATED FOR THE DISALLOWANCE WAS THAT BENEFICIARIES OF THE VETERANS' BUREAU WERE NOT ENTITLED TO BE REIMBURSED BY THE UNITED STATES FOR AMOUNTS PAID STATE HOSPITALS FOR MEDICAL CARE AND TREATMENT PRIOR TO THE TIME THE VETERANS' BUREAU ASSUMED CONTROL OF SUCH PERSONS AND AUTHORIZED THEIR HOSPITALIZATION. IN THE INSTANT CASE HOSPITALIZATION WAS NOT AUTHORIZED DURING THE PERIOD COVERED BY THE CLAIM. THE CLAIM HAS BEEN ADMINISTRATIVELY APPROVED BY THE VETERANS' BUREAU AND REPRESENTS A CHARGE BY THE STATE HOSPITAL FOR 15 MONTHS AND 7 DAYS AT THE RATE OF $30 PER MONTH.

CLAIMANT FILED HIS ORIGINAL APPLICATION FOR COMPENSATION ON SEPTEMBER 29, 1919. AWARD OF COMPENSATION WAS APPROVED NOVEMBER 20, 1919, EFFECTIVE AS OF JULY 2, 1919, THE DAY FOLLOWING CLAIMANT'S DISCHARGE FROM THE MILITARY SERVICE. COMPENSATION WAS AWARDED TO CLAIMANT AT THAT TIME FOR A DISABILITY OF NEPHRITIS. THIS AWARD WAS CONTINUED UNTIL MAY 31, 1921, WHEN THE DISABILITY OF NEPHRITIS WAS RATED AS LESS THAN 10 PERCENT IN DEGREE. ON MAY 8, 1923, AN AWARD WAS APPROVED, EFFECTIVE AS OF OCTOBER 24, 1921, FOR A DISABILITY THAT WAS DIAGNOSED AS "DEMENTIA PRAECOX, COMPETENT.'

AUTHORITY FOR HOSPITALIZATION OF THE CLAIMANT WAS REQUESTED BY THE LOUISVILLE SUBDISTRICT OFFICE OF THE VETERANS' BUREAU OCTOBER 25, 1921, BUT WAS DISAPPROVED MAY 13, 1922, BY THE DISTRICT OFFICE AT CINCINNATI, OHIO, AS THAT OFFICE WAS THEN AWAITING EVIDENCE TO SHOW CONNECTION OF CLAIMANT'S DISABILITY WITH THE SERVICE. HE WAS PAROLED TO HIS FAMILY ON MAY 5, 1923, THREE DAYS PRIOR TO THE DATE THE AWARD OF COMPENSATION WAS MADE.

IT APPEARS FROM STATEMENTS MADE BY THE CENTRAL STATE HOSPITAL AUTHORITIES THAT THE BOARD OF THE CLAIMANT WAS PAID BY THE FEDERAL GOVERNMENT DURING THE PERIOD FROM OCTOBER 25, 1921, TO JANUARY 29, 1922.

FOR THE TIME HE WAS A PATIENT IN THE ABOVE-NAMED INSTITUTION CLAIMANT RECEIVED DISABILITY COMPENSATION UNDER THE PROVISIONS OF THE WAR RISK INSURANCE ACT ON A RATING OF TOTAL AND TEMPORARY DISABILITY, BUT HIS HOSPITALIZATION WAS NOT EXPRESSLY AUTHORIZED AS A BENEFICIARY OF THE VETERANS' BUREAU.

SECTION 9 OF THE ACT OF JULY 2, 1926, 44 STAT. 795, PROVIDES IN PART, AS FOLLOWS:

* * * THAT WHERE ANY PERSON ENTITLED TO THE BENEFITS OF THIS PARAGRAPH HAS HERETOFORE BEEN HOSPITALIZED IN A STATE INSTITUTION, THE UNITED STATES VETERANS' BUREAU IS HEREBY AUTHORIZED TO REIMBURSE SUCH PERSON, OR HIS ESTATE, WHERE PAYMENT HAS BEEN MADE TO THE STATE OUT OF THE FUNDS OF SUCH PERSON, OR TO REIMBURSE THE STATE OR ANY SUBDIVISION THEREOF WHERE NO PAYMENT HAS BEEN MADE FOR THE REASONABLE COST OF SUCH SERVICES FROM THE DATE OF ADMISSION.

UNDER THIS PROVISION A BENEFICIARY OF THE VETERANS' BUREAU ENTITLED TO DISABILITY COMPENSATION UNDER THE PROVISIONS OF PARAGRAPH (1), (2), OR (3) OF SECTION 202 OF THE ACT OF JUNE 7, 1924, 43 STAT. 618, MAY BE REIMBURSED FOR PAYMENTS MADE BY HIM TO STATE INSTITUTIONS FOR COST OF MEDICAL CARE AND TREATMENT INCURRED PRIOR TO JULY 2, 1926, DURING PERIODS COVERED BY SUCH AWARDS OF DISABILITY COMPENSATION, ALTHOUGH HOSPITALIZATION IN THE STATE INSTITUTION WAS NOT AUTHORIZED BY THE VETERANS' BUREAU. DECISIONS 4 COMP. GEN. 999 AND 5 ID. 614 NO LONGER CONTROLLING FOR PERIODS PRIOR TO JULY 2, 1926.