A-5928, DECEMBER 5, 1924, 4 COMP. GEN. 514

A-5928: Dec 5, 1924

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THE FULL AMOUNT OF A NAVY PENSION IS CHARGEABLE WITH THE COST OF HOSPITALIZATION OF THE PENSIONER IN A NAVAL HOSPITAL. WHERE THE PENSIONER IS A VETERAN ENTITLED TO HOSPITAL TREATMENT FROM THE UNITED STATES VETERANS' BUREAU. THE APPROPRIATIONS UNDER THE VETERANS' BUREAU ARE CHARGEABLE ONLY WITH THE COST OF THE HOSPITALIZATION OVER AND ABOVE THE FULL AMOUNT OF THE PENSION. 1924: I HAVE YOUR LETTER OF OCTOBER 4. REQUESTING DECISION AS TO WHOM PAYMENT OF A NAVAL PENSION SHOULD BE MADE WHEN THE BENEFICIARY IS BEING CARED FOR IN A NAVAL HOSPITAL. OR MARINE ENTITLED TO A PENSION IS ADMITTED TO THE NAVAL HOME AT PHILADELPHIA. IS MAINTAINED. SECTION FORTY- EIGHT HUNDRED AND THIRTEEN OF THE REVISED STATUTES OF THE UNITED STATES IS HEREBY AMENDED ACCORDINGLY.

A-5928, DECEMBER 5, 1924, 4 COMP. GEN. 514

MEDICAL TREATMENT OF PENSIONERS IN NAVAL HOSPITALS UNDER THE ACT OF MAY 4, 1898, 30 STAT. 377, THE FULL AMOUNT OF A NAVY PENSION IS CHARGEABLE WITH THE COST OF HOSPITALIZATION OF THE PENSIONER IN A NAVAL HOSPITAL, AND WHERE THE PENSIONER IS A VETERAN ENTITLED TO HOSPITAL TREATMENT FROM THE UNITED STATES VETERANS' BUREAU, UNDER THE PROVISIONS OF SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 620, THE APPROPRIATIONS UNDER THE VETERANS' BUREAU ARE CHARGEABLE ONLY WITH THE COST OF THE HOSPITALIZATION OVER AND ABOVE THE FULL AMOUNT OF THE PENSION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, DECEMBER 5, 1924:

I HAVE YOUR LETTER OF OCTOBER 4, 1924, REQUESTING DECISION AS TO WHOM PAYMENT OF A NAVAL PENSION SHOULD BE MADE WHEN THE BENEFICIARY IS BEING CARED FOR IN A NAVAL HOSPITAL.

THE ACT OF MAY 4, 1898, 30 STAT. 377, PROVIDES AS FOLLOWS:

* * * AND WHENEVER AN OFFICER, SEAMAN, OR MARINE ENTITLED TO A PENSION IS ADMITTED TO THE NAVAL HOME AT PHILADELPHIA, OR TO A NAVAL HOSPITAL, HIS PENSION, WHILE HE REMAINS THERE, SHALL BE DEDUCTED FROM HIS ACCOUNTS AND PAID TO THE SECRETARY OF THE NAVY FOR THE BENEFIT OF THE FUND FROM WHICH SUCH HOME OR HOSPITAL, RESPECTIVELY, IS MAINTAINED; AND SECTION FORTY- EIGHT HUNDRED AND THIRTEEN OF THE REVISED STATUTES OF THE UNITED STATES IS HEREBY AMENDED ACCORDINGLY.

SECTION 202 (10) OF THE WORLD WAR VETERANS' ACT, DATED JUNE 7, 1924, 43 STAT. 620, AUTHORIZES THE VETERANS' BUREAU TO FURNISH HOSPITALIZATION TO VETERANS OF ANY WAR, MILITARY OCCUPATION, OR MILITARY EXPEDITION SINCE 1897 WHO WERE NOT DISHONORABLY DISCHARGED WITHOUT REGARD TO THE NATURE OR ORIGIN OF THEIR DISABILITY. BUT THERE APPEARS TO BE NOTHING IN THIS ACT TO INDICATE AN INTENT TO REPEAL OR MODIFY THE PROVISION HEREINBEFORE QUOTED FROM THE ACT OF MAY 4, 1898.

IN DECISION DATED NOVEMBER 13, 1924, ADDRESSED TO YOU, INVOLVING A PENSIONER CARED FOR AT ST. ELIZABETHS HOSPITAL, IT WAS HELD THAT THE PENSION OF THE INMATE WAS PRIMARILY CHARGEABLE WITH HIS CARE TO THE EXTENT OF THE AMOUNT PROPERLY FIXED BY REGULATIONS OF THE SECRETARY OF THE INTERIOR UNDER THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, AND THAT THE APPROPRIATIONS UNDER THE VETERANS' BUREAU ARE CHARGEABLE ONLY WITH THE COST OF THE HOSPITALIZATION OVER AND ABOVE THE AMOUNT PROPERLY DEDUCTED FROM THE PENSION. THE REASONING THERE USED IS EQUALLY APPLICABLE TO THIS CASE, THE DIFFERENCE BEING ONLY IN THE AMOUNT OF THE PENSION CHARGEABLE. UNDER THE ACT OF MAY 4, 1898, SUPRA, THE ENTIRE AMOUNT OF A NAVY PENSION IS CHARGEABLE WITH THE SUPPORT OF THE PENSIONER WHILE IN THE NAVAL HOME OR A NAVAL HOSPITAL, AND IN SUCH CASES THE VETERANS' BUREAU SHOULD BE BILLED ONLY FOR THE COST OF THE HOSPITALIZATION OVER AND ABOVE THE AMOUNT OF THE PENSION.

ANSWERING THE SPECIFIC QUESTION PRESENTED I HAVE TO ADVISE THAT THE PENSION IN THE CASES REFERRED TO SHOULD BE PAID TO THE SECRETARY OF THE NAVY IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF MAY 4, 1898, SUPRA.