A-18035, JUNE 9, 1927, 6 COMP. GEN. 800

A-18035, JUNE 9, 1927, 6 COMP. GEN. 800

VETERANS' BUREAU - INSURANCE - REINSTATEMENT UNDER SECTION 305 OF THE WORLD WAR VETERANS' ACT AND SECTION 408 OF THE WAR RISK INSURANCE ACT AS ORIGINALLY ENACTED AND AS AMENDED, THE ACCRUED UNPAID DISABILITY COMPENSATION DUE THE INSURED AND IN POSSESSION OF THE GOVERNMENT AT DATE OF DEATH OR HAPPENING OF TOTAL PERMANENT DISABILITY, AVAILABLE FOR APPLICATION AS PREMIUMS TO REINSTATE THE INSURANCE, NEED NOT NECESSARILY BE THE PARTICULAR COMPENSATION ACCRUED AND UNPAID AT DATE OF LAPSE OF INSURANCE, BUT ANY UNCOLLECTED COMPENSATION WHICH ACCRUED DURING ANY SUBSEQUENT PERIOD AND PRIOR TO DATE OF MATURITY OF POLICY MAY BE APPLIED AS PREMIUMS, IF AT DATE OF LAPSE THE INSURED WAS SUFFERING FROM A COMPENSABLE DISABILITY. IN CASES WHERE NO CLAIM FOR DISABILITY COMPENSATION WAS EVER FILED BY OR ON BEHALF OF THE INSURED DURING HIS LIFETIME, REINSTATEMENT OF INSURANCE UNDER SECTION 408 OF THE WAR RISK INSURANCE ACT AS ORIGINALLY ENACTED AUGUST 9, 1921, 42 STAT. 156, BETWEEN THE DATE OF THE ACT AND MARCH 3, 1923, INCLUSIVE, WAS AUTHORIZED BY APPLICATION AS PREMIUMS OF THE FULL AMOUNT OF DISABILITY COMPENSATION DUE AND UNCOLLECTED FOR THE ENTIRE RETROACTIVE PERIOD DURING WHICH THE COMPENSABLE DISABILITY EXISTED, EVEN THOUGH SAID AMOUNT WOULD NOT HAVE BEEN PAYABLE AS COMPENSATION. IN CASES WHERE NO CLAIM FOR DISABILITY COMPENSATION WAS EVER FILED BY THE INSURED DURING HIS LIFETIME, REINSTATEMENT OF INSURANCE UNDER SECTION 305 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, AND AS AMENDED BY THE ACT OF JULY 2, 1926, 44 STAT. 799, IS AUTHORIZED BY THE APPLICATION AS PREMIUMS OF ONE YEAR'S DISABILITY COMPENSATION RETROACTIVELY FROM DATE OF DEATH, IF THE DISABILITY EXISTED DURING THAT PERIOD, EVEN THOUGH SAID AMOUNT WOULD NOT BE PAYABLE AS COMPENSATION.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JUNE 9, 1927:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MARY 20, 1927, REQUESTING THAT DECISION OF APRIL 29, 1927, 6 COMP. GEN. 706, IN THE CASE OF JOHN HIRAM HURST, BE AMPLIFIED TO COVER THE POINTS DISCUSSED IN A RECENT CONFERENCE BETWEEN REPRESENTATIVES OF THE VETERANS' BUREAU AND OF THIS OFFICE. IT WAS AGREED AT THE CONFERENCE THAT THE POINTS OF WHICH CONSIDERATION UNDER SAID DECISION WAS DESIRED WERE INCLUDED IN YOUR MEMORANDUM OF MAY 9, 1927. THE POINTS INVOLVED, WITH THE ADDITION OF LETTERS TO DESIGNATE THE SEVERAL PARAGRAPHS CONTAINING THE SEVERAL QUESTIONS IN ORDER TO FACILITATE THE ANSWERING THEREOF, ARE QUOTED FROM THE MEMORANDUM AS FOLLOWS:

(A) THE BUREAU, IN INTERPRETING SECTION 305 OF THE WORLD WAR VETERANS' ACT, AS AMENDED, HAS CONSIDERED, FIRST, THE COMPENSABLE STATUS OF THE INSURED AT DATE OF LAPSE OF INSURANCE, AND SECOND, THE COMPENSABLE STATUS OF THE INSURED AT DATE OF PERMANENT TOTAL DISABILITY OR DEATH. IT HAS ALWAYS BEEN ASSUMED THAT IN ORDER FOR INSURANCE TO BE REVIVED UNDER THIS SECTION THE INSURED AT DATE OF LAPSE MUST BE SUFFERING FROM A COMPENSABLE DISABILITY FOR WHICH COMPENSATION AT THAT TIME HAD NOT BEEN COLLECTED. ALSO, THAT AT DATE OF DEATH, OR PERMANENT TOTAL DISABILITY THE INSURED MUST BE ENTITLED TO SOME COMPENSATION, ALTHOUGH NOT NECESSARILY THE COMPENSATION DUE AT DATE OF LAPSE REMAINING UNCOLLECTED. YOU STATE IN YOUR DECISION THAT THE BUREAU HAS ERRONEOUSLY APPLIED TO THE REVIVAL OF INSURANCE COMPENSATION WHICH, BY REASON OF THE PROVISIONS OF SECTION 310 OF THE WAR RISK INSURANCE ACT, AS AMENDED, OR SECTION 210 OF THE WORLD WAR VETERANS' ACT, AS AMENDED, COULD NOT BE PAID TO THE VETERAN. HOWEVER, THE FOLLOWING QUESTION PRESENTS ITSELF, WHICH DOES NOT SEEM TO HAVE BEEN CONSIDERED IN YOUR DECISION, NAMELY: IN CONSIDERING WHETHER AT TIME OF LAPSE OF THE INSURANCE THE INSURED WAS SUFFERING WITH A COMPENSABLE DISABILITY FOR WHICH COMPENSATION HAD NOT BEEN COLLECTED, THE BUREAU COULD TAKE INTO CONSIDERATION THE FACT THAT THE FIRST REQUIREMENT OF THE SECTION HAD BEEN MET, EVEN THOUGH THE COMPENSATION WHICH WAS UNCOLLECTED AT THAT TIME COULD NOT BE PAID. IT IS REQUESTED THAT YOU ADVISE WHETHER, IN YOUR OPINION, THE BUREAU WOULD BE JUSTIFIED IN CASES SUCH AS THIS IN HOLDING THAT THE FIRST REQUIREMENT OF THE STATUTE HAD BEEN MET, NOTWITHSTANDING THAT AT TIME OF PERMANENT TOTAL DISABILITY OR DEATH SUCH COMPENSATION COULD NOT BE USED IN COMPUTING THE AMOUNT OF INSURANCE IN FORCE, IF AT THE TIME OF PERMANENT AND TOTAL DISABILITY OR DEATH THERE WAS COLLECTIBLE COMPENSATION REMAINING UNPAID.

(B) A FURTHER QUESTION HAS ARISEN IN CONNECTION WITH THE APPLICATION OF YOUR DECISION AS TO WHETHER THE BUREAU WOULD BE JUSTIFIED IN DISTINGUISHING BETWEEN THE RULE AS LAID DOWN BY YOU FOR THE INTERPRETATION OF SECTION 305 OF THE WORLD WAR VETERANS' ACT AND THE INTERPRETATION PREVIOUSLY PLACED BY THE ATTORNEY GENERAL AND THE BUREAU ON SECTION 408 OF THE WAR RISK INSURANCE ACT AS ORIGINALLY ENACTED AND AS AMENDED. COMPARISON OF THESE ACTS WILL CLEARLY SHOW THE DIFFERENCE IN THE LANGUAGE USED, AND IT IS REQUESTED THAT YOUR DECISION BE AMPLIFIED BY CONSIDERING THE STATUS OF THE CASES HERETOFORE ADJUDICATED UNDER SECTION 408 OF THE WAR RISK INSURANCE ACT AS ENACTED AUGUST 9, 1921, AND AS AMENDED MARCH 4, 1923.

(C) IF YOU SHOULD HOLD IN CONNECTION WITH THE INTERPRETATION TO BE PLACED ON SECTION 408 OF THE WAR RISK INSURANCE ACT AS ENACTED AND AMENDED, THAT A DIFFERENT INTERPRETATION THAN THAT PLACED BY YOU ON SECTION 305 OF THE WORLD WAR VETERANS' ACT, AS AMENDED, IS IN ORDER, IT IS ALSO REQUESTED THAT YOU OUTLINE WHAT CONSTITUTES AN ACCRUED RIGHT UNDER THAT ACT. THIS CONNECTION YOUR ATTENTION IS INVITED TO SECTION 602 OF THE WORLD WAR VETERANS' ACT, 1924.

IN CONSIDERING THESE QUESTIONS IT IS ASKED THAT YOU SPECIFICALLY REFER TO THE FACTS IN THE FOLLOWING EXAMPLE CASES WHICH ARE SET FORTH:

(1) INSURANCE LAPSED BECAUSE OF NONPAYMENT OF PREMIUMS ON JANUARY 1, 1918. A CLAIM FOR COMPENSATION WAS FILED BY THE SOLDIER ON JANUARY 1, 1922. THE SOLDIER DIED ON JULY 1, 1922, WITHOUT HAVING BEEN GIVEN A COMPENSABLE DISABILITY RATING. ON AUGUST 1, 1922, A POST-MORTEM DISABILITY RATING OF TEMPORARY PARTIAL FIFTY (50) PERCENT WAS MADE FROM DECEMBER 31, 1917, TO JULY 1, 1922, THE DATE OF THE SOLDIER'S DEATH. UNDER SUCH A RATING COMPENSATION WOULD BE DUE AND PAYABLE TO THE SOLDIER'S ESTATE IN AN AMOUNT OF AT LEAST $40.00 PER MONTH FROM JANUARY 1, 1920, TWO YEARS PRIOR TO THE DATE OF FILING CLAIM, TO JULY 1, 1922, THE DATE OF THE SOLDIER'S DEATH.

(2) INSURANCE LAPSED BECAUSE OF NONPAYMENT OF PREMIUMS ON JANUARY 1, 1920. A CLAIM FOR COMPENSATION WAS FILED BY THE SOLDIER ON JANUARY 1, 1924. THE SOLDIER DIED ON DECEMBER 1, 1924, WITHOUT HAVING BEEN GIVEN A COMPENSABLE DISABILITY RATING. ON JANUARY 1, 1925, A POST-MORTEM DISABILITY RATING OF TEMPORARY PARTIAL FIFTY (50) PERCENT WAS MADE FROM DECEMBER 31, 1919, TO DECEMBER 1, 1924, THE DATE OF THE SOLDIER'S DEATH. UNDER SUCH A RATING COMPENSATION WOULD BE DUE AND PAYABLE TO THE SOLDIER'S ESTATE IN AN AMOUNT OF AT LEAST $40.00 PER MONTH FROM JANUARY 1, 1922, TWO YEARS PRIOR TO THE DATE OF FILING CLAIM, TO DECEMBER 1, 1924, THE DATE OF THE SOLDIER'S DEATH.

(3) INSURANCE LAPSED BECAUSE OF NONPAYMENT OF PREMIUMS ON JANUARY 1, 1920. THE SOLDIER DIED DECEMBER 1, 1923. NO CLAIM HAD EVER BEEN FILED BY THE SOLDIER. ON JANUARY 1, 1924, A POST-MORTEM DISABILITY RATING OF TEMPORARY PARTIAL FIFTY (50) PERCENT WAS MADE FROM DECEMBER 31, 1919, TO DECEMBER 1, 1923, THE DATE OF THE SOLDIER'S DEATH. UNDER SUCH A RATING NO COMPENSATION WOULD BE PAYABLE TO THE SOLDIER'S ESTATE.

THE QUESTIONS PRESENTED WILL BE CONSIDERED AND ANSWERED IN THE ORDER ABOVE STATED.

(A) THE QUESTION PRESENTED UNDER THIS PARAGRAPH IS ANSWERED IN THE AFFIRMATIVE.

(B) SECTION 408 OF THE WAR RISK INSURANCE ACT, WHICH WAS FIRST ADDED BY THE ACT OF AUGUST 9, 1921, 42 STAT. 156, PROVIDED:

* * * THAT WHERE ANY SOLDIER HAS HERETOFORE ALLOWED HIS INSURANCE TO LAPSE, WHILE SUFFERING FROM WOUNDS OR DISEASE SUFFERED OR CONTRACTED IN LINE OF SERVICE, AND WAS AT THE TIME HE ALLOWED HIS SAID POLICY TO LAPSE ENTITLED TO COMPENSATION ON ACCOUNT THEREOF IN A SUM EQUAL TO OR IN EXCESS OF THE AMOUNT DUE FROM HIM IN PREMIUMS ON HIS SAID INSURANCE, AND HAS SINCE DIED FROM SAID WOUNDS OR DISEASE WITHOUT COLLECTING OR MAKING CLAIM FOR SAID COMPENSATION, OR BEING ALLOWED TO REINSTATE HIS SAID POLICY ON ACCOUNT OF HIS PHYSICAL CONDITION, THEN AND IN THAT EVENT SAID POLICY SHALL NOT BE CONSIDERED AS LAPSED, * * *.

SAID SECTION AS AMENDED BY THE ACT OF MARCH 4, 1923, 42 STAT. 1525, PROVIDED AS FOLLOWS:

* * * THAT WHERE ANY SOLDIER HAS HERETOFORE ALLOWED HIS INSURANCE TO LAPSE, WHILE SUFFERING FROM WOUNDS OR DISEASE SUFFERED OR CONTRACTED IN LINE OF SERVICE, AND WAS AT THE TIME HE ALLOWED HIS INSURANCE TO LAPSE ENTITLED TO COMPENSATION ON ACCOUNT THEREOF IN A SUM EQUAL TO OR IN EXCESS OF THE AMOUNT DUE FROM HIM IN PREMIUMS ON HIS SAID INSURANCE, AND DIES OR HAS DIED FROM SAID WOUNDS OR DISEASE, OR BECOMES OR HAS BECOME PERMANENTLY AND TOTALLY DISABLED BY REASON THEREOF, WITHOUT COLLECTING SAID COMPENSATION, AND AT THE TIME OF SUCH DEATH OR PERMANENT TOTAL DISABILITY HAD OR HAS SUFFICIENT UNCOLLECTED COMPENSATION TO PAY ALL UNPAID PREMIUMS, THEN AND IN THAT EVENT SAID POLICY SHALL NOT BE CONSIDERED AS LAPSED, * *

IT IS UNDERSTOOD THAT THE CONSTRUCTION PLACED BY THE VETERANS' BUREAU ON THESE TWO PROVISIONS WAS, IN EFFECT, THE SAME AS THE CONSTRUCTION IT PLACED ON SECTION 305 OF THE WORLD WAR VETERANS' ACT, BEING THAT THEY AUTHORIZED REINSTATEMENTS OF INSURANCE BY THE APPLICATION OF COMPENSATION WHICH THE INSURED WAS BARRED FROM RECEIVING BY SECTION 310 OF THE WAR RISK INSURANCE ACT LIMITING PAYMENTS OF COMPENSATION RETROACTIVELY FOR A PERIOD OF TWO YEARS PRIOR TO DATE OF FILING CLAIM, ALTHOUGH THERE REMAINED NO OTHER COMPENSATION DUE AND PAYABLE AND UNCOLLECTED AT DATE OF DEATH OR THE BEGINNING OF TOTAL PERMANENT DISABILITY. THE DECISION OF APRIL 29, 1927, SUPRA, HELD THAT THIS WAS IMPROPER AND THAT COMPENSATION COVERING A PERIOD OF MORE THAN TWO YEARS PRIOR TO FILING CLAIM COULD NOT BE APPLIED AS INSURANCE PREMIUMS.

THE LANGUAGE OF ALL THREE STATUTORY PROVISIONS--- THAT IS, SECTION 408 OF THE WAR RISK INSURANCE ACT AS ORIGINALLY ENACTED AND AS AMENDED AND SECTION 305 OF THE WORLD WAR VETERANS' ACT--- AS TO THE FIRST CONDITION TO REINSTATE THE POLICY IS SUBSTANTIALLY THE SAME, VIZ, THAT THE INSURED MUST HAVE BEEN SUFFERING FROM A COMPENSABLE DISABILITY AT DATE OF LAPSE FOR WHICH COMPENSATION WAS NOT COLLECTED.

IN VIEW THEREOF THE ANSWER TO QUESTION (A), SUPRA, IS EQUALLY APPLICABLE TO CASES FOR CONSIDERATION UNDER SECTION 408 OF THE WAR RISK INSURANCE ACT AS ORIGINALLY ENACTED AND AS AMENDED.

THERE IS A DIFFERENCE IN THE LANGUAGE OF SECTION 408 AS ORIGINALLY ENACTED FROM THAT APPEARING IN THE SECTION AS AMENDED AND IN SECTION 305 OF THE WORLD WAR VETERANS' ACT AS TO THE SECOND CONDITION. IN SECTION 408 AS ORIGINALLY ENACTED AUGUST 9, 1921, THERE APPEARS THE PHRASE "AND HAS SINCE DIED FROM SAID WOUNDS OR DISEASE WITHOUT COLLECTING OR MAKING CLAIM FOR SAID COMPENSATION.' THE USE OF THE WORDS "SAID COMPENSATION" WOULD APPEAR TO HAVE REFERENCE TO THE ACTUAL COMPENSATION COLLECTIBLE FOR THE PERIOD DURING WHICH THE POLICY LAPSED, WHICH WOULD HAVE PRECLUDED THE APPLICATION AS INSURANCE PREMIUMS OF ANY OTHER COMPENSATION DUE AND PAYABLE AT DATE OF MATURITY OF THE POLICY. HOWEVER, CONSIDERING THE ADMINISTRATIVE CONSTRUCTION THAT WAS PLACED ON THE SECTION, AND THE SUBSEQUENT LEGISLATION, IT IS BELIEVED THAT NO OBJECTION IS NOW REQUIRED TO BE MADE TO THE REINSTATEMENTS HERETOFORE EFFECTED ON THE BASIS OF THE BUREAU'S CONSTRUCTION OF THE PHRASE "SAID COMPENSATION.' AND THAT IN THIS RESPECT THE THREE ENACTMENTS MAY BE CONSTRUED ALIKE. THAT IS TO SAY, THAT EACH OF SAID ENACTMENTS AUTHORIZED THE APPLICATION AS INSURANCE PREMIUMS OF ANY COMPENSATION DUE AND PAYABLE AND UNCOLLECTED AT THE DATE OF MATURITY OF THE POLICY IF THE OTHER CONDITIONS OF THE STATUTES WERE MET.

IT HAS BEEN URGED THAT AS SECTION 408 OF THE WAR RISK INSURANCE ACT AS ORIGINALLY ENACTED RECOGNIZED THE RIGHT TO REINSTATEMENT OF INSURANCE BY APPLICATION OF DISABILITY COMPENSATION, AS PREMIUMS WHERE NO CLAIM FOR COMPENSATION WAS FILED DURING THE LIFETIME OF THE INSURED THERE IS NO DATE OF FILING CLAIM FROM WHICH TO COMPUTE THE TWO-YEAR RETROACTIVE PERIOD UNDER SECTION 310 OF THE STATUTE, AND, ACCORDINGLY, THAT THE RULE STATED IN DECISION OF APRIL 29, 1927, SHOULD NOT BE APPLIED. SECTION 408 OF THE STATUTE AS ORIGINALLY ENACTED DIFFERS FROM EACH OF THE SUBSEQUENT ENACTMENT IN THAT IT EXTENDED THE RIGHT TO THE BENEFITS OF REINSTATEMENT OF INSURANCE BY APPLICATION OF DISABILITY COMPENSATION AS PREMIUMS WHEN THE INSURED DIED WITHOUT "MAKING CLAIM FOR SAID COMPENSATION.' WHILE THE REASON FOR INSERTING THIS PROVISION IN THE 1921 ENACTMENT IS NOT APPARENT, IT IS PROBABLE THE INTENTION WAS TO PROVIDE THAT IS DISABILITY COMPENSATION WAS APPLIED FOR AND THE FULL AMOUNT DUE COLLECTED, NO REINSTATEMENT COULD BE EFFECTED BECAUSE NO COMPENSATION WOULD BE AVAILABLE FOR APPLICATION AS PREMIUMS; THAT IF COMPENSATION WAS APPLIED FOR BUT NOT COLLECTED THERE WOULD BE AVAILABLE FOR INSURANCE PREMIUMS ONLY THE AMOUNT DUE UNDER THE STATUTE AND UNCOLLECTED, AND REINSTATEMENT COULD BE EFFECTED TO THAT EXTENT ONLY; AND THAT IF NO APPLICATION FOR COMPENSATION WAS FILED DURING THE LIFETIME OF THE INSURED, THE FULL AMOUNT FOR THE ENTIRE PERIOD DURING WHICH THE COMPENSABLE DISABILITY ACTUALLY EXISTED WOULD BE AVAILABLE AS INSURANCE PREMIUMS AND COULD BE SO APPLIED.

SECTION 408, AS AMENDED BY THE ACT OF MARCH 4, 1923, SUPRA, DOES NOT RECOGNIZE ANY RIGHT UNDER THE SECTION IN CASES IN WHICH NO CLAIM FOR DISABILITY COMPENSATION WAS FILED.

AS TO THE SECOND CONDITION, SECTION 305 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, AND AS AMENDED BY THE ACT OF JULY 2, 1926, 44 STAT. 799, IS DIFFERENT FROM THAT APPEARING IN EITHER OF THE FORMER STATUTES. THE CONDITION AS THEREIN STATED BEING THAT AT THE TIME OF DEATH OR PERMANENT TOTAL DISABILITY THE INSURED "WAS OR IS ENTITLED TO COMPENSATION REMAINING UNCOLLECTED.' THEREFORE, UNDER SAID ACT, IF THE INSURED HAD FILED CLAIM FOR DISABILITY COMPENSATION DURING HIS LIFETIME BUT HAD NOT COLLECTED IT, THERE WOULD BE AVAILABLE FOR INSURANCE PREMIUMS DISABILITY COMPENSATION FOR ONE YEAR RETROACTIVELY FROM DATE OF FILING OF CLAIM IF THE DISABILITY EXISTED DURING THAT PERIOD. IF THE INSURED HAD NOT FILED A CLAIM DURING HIS LIFETIME AND, OF COURSE, HAD NOT COLLECTED COMPENSATION, HE WOULD NEVERTHELESS HAVE BEEN ENTITLED TO A MAXIMUM OF ONE YEAR'S DISABILITY COMPENSATION AT THE DATE OF DEATH, WHICH WAS THE LAST DATE HE COULD HAVE FILED CLAIM, IF THE DISABILITY EXISTED DURING THAT PERIOD, EVEN THOUGH SAID AMOUNT WOULD NOT BE PAYABLE AS COMPENSATION, AND SAID AMOUNT MAY BE APPLIED TO THE REINSTATEMENT OF INSURANCE IN SUCH CASES IF THE OTHER CONDITIONS ARE MET. THE STATUTE SHOULD BE APPLIED ACCORDINGLY. (C) SECTION 602 OF THE WORLD WAR VETERANS' ACT OF JUNE 7, 1924, 43 STAT. 630, PROVIDES:

THE REPEAL OF THE SEVERAL ACTS AS PROVIDED IN SECTIONS 600 AND 601 HEREOF SHALL NOT AFFECT ANY ACT DONE OR ANY RIGHT OR LIABILITY ACCRUED, OR ANY SUIT COMMENCED BEFORE THE SAID REPEAL, BUT ALL SUCH RIGHTS AND LIABILITIES UNDER SAID ACTS SHALL CONTINUE AND MAY BE ENFORCED IN THE SAME MANNER AS IF SAID REPEAL HAD NOT BEEN MADE; NOR SHALL SAID REPEAL IN ANY MANNER AFFECT THE RIGHT TO ANY OFFICE OR CHANGE THE TERM OF TENURE THEREOF.

NO RIGHT TO THE PAYMENT OF INSURANCE UNDER SECTION 408 OF THE WAR RISK INSURANCE ACT, AS ORIGINALLY ENACTED, ACCRUED WITHIN THE MEANING OF THE PROVISION IN SECTION 602, SUPRA, UNLESS AND UNTIL AN AWARD OF INSURANCE WAS MADE BY THE APPLICATION OF ACCRUED INSTALLMENTS OF DISABILITY COMPENSATION PRIOR TO THE DATE SAID SECTION 408 WAS AMENDED. ACCORDINGLY, SECTION 602 PRESERVES THE RIGHT TO ONLY SUCH INSTALLMENTS OF INSURANCE AS WERE REMAINING DUE AND UNPAID UNDER A REINSTATEMENT ACTUALLY EFFECTED UNDER SECTION 408 OF THE WAR RISK INSURANCE ACT AS ORIGINALLY ENACTED DURING THE PERIOD FROM AUGUST 9, 1921, TO MARCH 3, 1923, INCLUSIVE.

THE THREE SPECIFIC CASES WILL BE CONSIDERED IN THE ORDER STATED.

1. IF DISABILITY COMPENSATION WHICH ACCRUED DURING THE PERIOD FROM JANUARY 1, 1920, TO JULY 1, 1922, WAS NOT PAID TO THE ESTATE OF THE BENEFICIARY, AS SUCH, SAME WAS, OR MAY BE, PROPERLY APPLIED AS INSURANCE PREMIUMS TO REINSTATE A POLICY OF INSURANCE.

2. THE ANSWER TO CASE 1 MAY BE APPLIED TO THIS CASE AS TO COMPENSATION WHICH ACCRUED DURING THE PERIOD JANUARY 1, 1922, TO DECEMBER 1, 1924.

3. ASSUMING THAT NO AWARD OF INSURANCE WAS MADE PRIOR TO JUNE 7, 1924, THE CLAIM WOULD NOW BE FOR ADJUSTMENT UNDER SECTION 305 OF THE WORLD WAR VETERANS' ACT, AS AMENDED. DISABILITY COMPENSATION FOR THE PERIOD FROM DECEMBER 1, 1922, TO DECEMBER 1, 1923, WOULD BE AVAILABLE AS INSURANCE PREMIUMS TO REINSTATE THE POLICY.

THIS DECISION AND THAT OF APRIL 29, 1927, IN THE CASE OF JOHN HIRAM HURST, MAY BE CONSIDERED AS EFFECTIVE FROM AND AFTER APRIL 29, 1927,DATE OF THE PRIOR DECISION. AWARDS OF INSURANCE IN COURSE OF PAYMENT ON THAT DATE, MADE UNDER THE ADMINISTRATIVE CONSTRUCTION OF THE STATUTES, NEED NOT NOW BE DISTURBED IF OTHERWISE REGULAR, BUT MAY CONTINUE TO BE PAID. SEE CASE OF RUSSELL W. WALKER, 6 COMP. GEN. 89, 92.