B-154074, MAR. 9, 1967

B-154074, MAR. 9, 1967

TO MRS. ROSE E. LAHANIER:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 6, 1967, WITH ENCLOSURE, CONCERNING YOUR CLAIM FOR AMOUNTS BELIEVED TO BE DUE INCIDENT TO THE SERVICE OF YOUR SON, JOHN A. LAMAR (BORN PAUL WERNER WADE), SECOND LIEUTENANT, AIR CORPS, WHO WAS KILLED IN ACTION ON FEBRUARY 20, 1944.

YOU WERE ADVISED IN OUR DECISIONS OF AUGUST 7, 1964, AND APRIL 27, 1966, B-154074, THAT FROM THE RECORDS AVAILABLE TO US, ALL AMOUNTS DUE INCIDENT TO YOUR SON'S MILITARY SERVICE HAVE BEEN ALLOWED IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW. AGAIN, ON JUNE 24, 1966, WE EXPLAINED THAT SO FAR AS THE RECORDS OF OUR OFFICE ARE CONCERNED, THERE IS NO AMOUNT DUE AS MILITARY PAY AND ALLOWANCES ON ACCOUNT OF YOUR SON'S MILITARY SERVICE AND WE MAY TAKE NO FURTHER ACTION ON YOUR CLAIM. WE ALSO SUGGESTED THAT YOU WRITE TO THE VETERANS ADMINISTRATION REGIONAL OFFICE, LOS ANGELES, CALIFORNIA, IF YOU BELIEVE THERE IS DEATH COMPENSATION OR OTHER AMOUNTS STILL DUE YOU.

WITH YOUR PRESENT LETTER YOU ENCLOSED A LETTER DATED FEBRUARY 1, 1967, FROM THE VETERANS ADMINISTRATION IN WHICH IT IS STATED THAT WHILE YOU HAVE ESTABLISHED THAT YOU WERE JOHN A. LAMAR'S NATURAL MOTHER, YOU ARE NOT SHOWN TO HAVE BEEN THE LAST PERSON TO STAND IN THE RELATIONSHIP OF MOTHER DURING YOUR SON'S MINORITY FOR A PERIOD OF NOT LESS THAN ONE YEAR PRIOR TO HIS ENTERING THE MILITARY SERVICE. ON THE BASIS THAT THE CONTENTIONS IN YOUR CORRESPONDENCE ARE ESSENTIALLY THOSE CONSIDERED PREVIOUSLY YOU WERE ADVISED THAT THERE IS NO BASIS FOR CHANGING THE PRIOR DISALLOWANCE OF YOUR CLAIM FOR VETERAN'S BENEFITS.

YOU ASK WHETHER ANYTHING CAN BE WORKED OUT IN THIS MATTER WHICH WILL PROVIDE A BASIS FOR CHANGING THE PRIOR DISALLOWANCE OF YOUR CLAIM.

AS WE EXPLAINED IN OUR PRIOR DECISIONS TO YOU, THE RECORDS AVAILABLE TO US SHOW THAT ALL AMOUNTS DUE INCIDENT TO YOUR SON'S MILITARY SERVICE HAVE BEEN ALLOWED IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW AND WE HAVE RECEIVED NO INFORMATION OR EVIDENCE WHICH INDICATES THAT THERE IS ANY ADDITIONAL AMOUNT DUE IN HIS CASE. CONCERNING YOUR INQUIRY, AS WE STATED IN OUR DECISION OF AUGUST 7, 1964, TO YOU, COPY HEREWITH, SINCE YOUR CLAIM WAS NOT RECEIVED HERE UNTIL OCTOBER 1, 1962, CONSIDERATION OF ANY CLAIM YOU MAY HAVE HAD AS SURVIVING PARENT UNDER THE APPLICABLE LAW IS PRECLUDED BY THE ACT OF OCTOBER 9, 1940.

ACCORDINGLY, THE CONCLUSION REACHED IN OUR PREVIOUS DECISIONS TO YOU IS SUSTAINED AND WE ARE NOT AWARE OF ANY LEGAL BASIS UPON WHICH EITHER THIS OFFICE OR THE VETERANS ADMINISTRATION MAY FAVORABLY CONSIDER YOUR CLAIMS.