B-145173, B-145310, AUG. 1, 1961

B-145173,B-145310: Aug 1, 1961

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VETERANS ADMINISTRATION: WE HAVE YOUR LETTER OF JUNE 28. WHICH YOU STATE ARE BASED ON THE COURT'S DECISION OF DECEMBER 1. REFERENCE IS MADE IN YOUR LETTER TO THE FACT THAT THE PETITIONS REFERRED TO WERE NOT MENTIONED IN YOUR LETTER OF MAY 25. AS YOU WERE ADVISED IN OUR LETTER OF JULY 3. WE ARE NOT IN AGREEMENT WITH THE RATIONALE OF THE DECISION BY THE COURT OF CLAIMS. IS UNDERSTOOD ALSO THAT YOU HAVE RECEIVED A COPY OF OUR LETTER TO THE COMMITTEE ON VETERANS AFFAIRS RELATIVE TO THE POSSIBLE NEED FOR CLARIFYING OR CORRECTIVE LEGISLATION. WE BELIEVE YOU WILL THEREFORE AGREE THAT ADMINISTRATIVE ACTION ON THE TWO CLAIMS REFERRED TO IN YOUR LETTER. WHEN INFORMATION CONCERNING THE COMMITTEE'S ACTION HAS BEEN RECEIVED WE WILL BE GLAD TO ADVISE YOU FURTHER.

B-145173, B-145310, AUG. 1, 1961

TO ADMINISTRATOR, VETERANS ADMINISTRATION:

WE HAVE YOUR LETTER OF JUNE 28, 1961, WITH RESPECT TO THE PETITIONS PENDING IN THE COURT OF CLAIMS FILED BY NATIONAL SCHOOLS, NO. 60-61, AND BY LAIN COLLEGE, INC., NO. 67-61, WHEREIN THE PLAINTIFFS SEEK PAYMENT OF INCREASED ADMINISTRATIVE ALLOWANCES, WHICH YOU STATE ARE BASED ON THE COURT'S DECISION OF DECEMBER 1, 1960, IN THE CENTRAL TECHNICAL INSTITUTE CASE.

REFERENCE IS MADE IN YOUR LETTER TO THE FACT THAT THE PETITIONS REFERRED TO WERE NOT MENTIONED IN YOUR LETTER OF MAY 25, 1961, CONCERNING THIS GENERAL MATTER. YOU REQUEST OUR ADVICE AS TO WHETHER THE CLAIMS PENDING IN THE COURT OF CLAIMS COULD BE PAID ADMINISTRATIVELY UPON WITHDRAWAL OF THE PETITIONS OR PAID BY CONSENT JUDGMENT, OR WHETHER THEY SHOULD BE LITIGATED.

AS YOU WERE ADVISED IN OUR LETTER OF JULY 3, 1961, REGARDING THE PROPOSED REGULATION CHANGES TRANSMITTED WITH YOUR LETTER OF MARCH 30, 1961, AND CONCERNING THE PROCEDURE OUTLINED IN YOUR LETTER OF MAY 25, 1961, FOR CONSIDERATION IN THE HANDLING OF RETROACTIVE CLAIMS FOR ADMINISTRATIVE ALLOWANCES OF THE TYPE REPRESENTED BY THE PETITIONS, WE ARE NOT IN AGREEMENT WITH THE RATIONALE OF THE DECISION BY THE COURT OF CLAIMS. IS UNDERSTOOD ALSO THAT YOU HAVE RECEIVED A COPY OF OUR LETTER TO THE COMMITTEE ON VETERANS AFFAIRS RELATIVE TO THE POSSIBLE NEED FOR CLARIFYING OR CORRECTIVE LEGISLATION.

WE BELIEVE YOU WILL THEREFORE AGREE THAT ADMINISTRATIVE ACTION ON THE TWO CLAIMS REFERRED TO IN YOUR LETTER, AND ALL SIMILAR CLAIMS, SHOULD BE HELD IN ABEYANCE UNTIL AFTER THE COMMITTEE ON VETERANS AFFAIRS HAS CONCLUDED ITS DELIBERATIONS AND DETERMINATIONS. WHEN INFORMATION CONCERNING THE COMMITTEE'S ACTION HAS BEEN RECEIVED WE WILL BE GLAD TO ADVISE YOU FURTHER.