B-126853, FEB. 28, 1956

B-126853: Feb 28, 1956

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THE IMMUNITY OF THE UNITED STATES FROM LIABILITY FOR INTEREST ON UNPAID ACCOUNTS OR CLAIMS IS WELL ESTABLISHED. WE ARE NOT AWARE OF ANY STATUTE WHICH AUTHORIZES THE PAYMENT OF INTEREST ON THE AMOUNT ALLOWED IN CASES SUCH AS YOURS. IS SUSTAINED. YOU ARE ADVISED THAT DECISIONS OF OUR OFFICE ARE CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS.

B-126853, FEB. 28, 1956

TO MR. EMERSON K. DEVITT:

IN VIEW OF YOUR LETTER POSTMARKED JANUARY 16, 1956, THERE HAS BEEN FURTHER CONSIDERED YOUR CLAIM FOR INTEREST INCIDENT TO THE AWARD TO YOU OF BACK PAY AS AN EMPLOYEE OF THE VETERANS ADMINISTRATION BY OUR SETTLEMENT DATED SEPTEMBER 20, 1955.

THE IMMUNITY OF THE UNITED STATES FROM LIABILITY FOR INTEREST ON UNPAID ACCOUNTS OR CLAIMS IS WELL ESTABLISHED. IN THE CASE OF UNITED STATES V. N.Y. RAYON IMPORTING CO., INC., 329 U.S. 654, THE COURT RULED THAT IN THE ABSENCE OF CONSTITUTIONAL REQUIREMENTS, INTEREST CAN BE RECOVERED AGAINST THE UNITED STATES ONLY IF EXPRESS CONSENT TO SUCH A RECOVERY HAS BEEN GIVEN BY CONGRESS. WE ARE NOT AWARE OF ANY STATUTE WHICH AUTHORIZES THE PAYMENT OF INTEREST ON THE AMOUNT ALLOWED IN CASES SUCH AS YOURS.

ACCORDINGLY, THE PRIOR DISALLOWANCE OF YOUR CLAIM FOR INTEREST BY THE SETTLEMENT OF DECEMBER 22, 1955, IS SUSTAINED.

IN REPLY TO YOUR INQUIRY AS TO AN APPEAL FROM THE DENIAL OF YOUR PRESENT CLAIM, YOU ARE ADVISED THAT DECISIONS OF OUR OFFICE ARE CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND IN THE UNITED STATES COURT OF CLAIMS.