B-123667, JUL. 18, 1955

B-123667: Jul 18, 1955

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ATTORNEY AT LAW: FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28. THE VETERANS ADMINISTRATION WAS REQUESTED TO RECONSIDER THE MATTER AND TO FURNISH AN ADDITIONAL REPORT. WILK WAS NOT ENTITLED TO SUBSISTENCE PAYMENTS DURING THE PERIOD IN QUESTION ON THE GROUND THAT HE RECEIVED COMPENSATION FROM HIS EMPLOYMENT IN EXCESS OF THE MAXIMUM PERMITTED BY SECTION 2. THE DETERMINATIONS OF THE VETERANS ADMINISTRATION UPON ANY QUESTION OF FACT OR LAW CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY ACT ADMINISTERED BY IT ARE MADE FINAL AND CONCLUSIVE BY SECTION 11 OF THE ACT OF OCTOBER 17. SINCE THE GENERAL ACCOUNTING OFFICE IS PRECLUDED FROM REVIEWING THE DETERMINATION BY THE ADMINISTRATION THAT MR.

B-123667, JUL. 18, 1955

TO MR. JAMES H. FOX, ATTORNEY AT LAW:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28, 1955, RELATIVE TO THE INDEBTEDNESS OF MR. JACK WILK, 1114 WEST CENTRAL AVENUE, TOLEDO 6, OHIO, IN THE AMOUNT OF $232.83, BEING THE BALANCE DUE ON OVERPAYMENT OF SUBSISTENCE ALLOWANCE BY THE VETERANS ADMINISTRATION FROM AUGUST 8 TO DECEMBER 31, 1946.

AS WE INDICATED IN PREVIOUS CORRESPONDENCE WITH FORMER CONGRESSMAN REAMS, THE VETERANS ADMINISTRATION WAS REQUESTED TO RECONSIDER THE MATTER AND TO FURNISH AN ADDITIONAL REPORT. BY LETTER DATED NOVEMBER 15, 1954, THE ADMINISTRATION ADHERED TO ITS PREVIOUS DETERMINATION THAT MR. WILK WAS NOT ENTITLED TO SUBSISTENCE PAYMENTS DURING THE PERIOD IN QUESTION ON THE GROUND THAT HE RECEIVED COMPENSATION FROM HIS EMPLOYMENT IN EXCESS OF THE MAXIMUM PERMITTED BY SECTION 2, PUBLIC LAW 679, 79TH CONGRESS.

THE DETERMINATIONS OF THE VETERANS ADMINISTRATION UPON ANY QUESTION OF FACT OR LAW CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY ACT ADMINISTERED BY IT ARE MADE FINAL AND CONCLUSIVE BY SECTION 11 OF THE ACT OF OCTOBER 17, 1940, 54 STAT. 1197, 38 U.S.C. 11A-2. SINCE THE GENERAL ACCOUNTING OFFICE IS PRECLUDED FROM REVIEWING THE DETERMINATION BY THE ADMINISTRATION THAT MR. WILK WAS NOT ENTITLED TO THE PAYMENTS IN QUESTION, IT MUST BE HELD ON THE PRESENT RECORD THAT HE IS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $232.83 AS REPORTED.

MR. WILK SHOULD FORWARD THE ABOVE AMOUNT TO THE GENERAL ACCOUNTING OFFICE OR PRESENT A PLAN FOR ..END :