A-67159, DECEMBER 13, 1935, 15 COMP. GEN. 498

A-67159, DECEMBER 13, 1935, 15 COMP. GEN. 498

DISPOSITION OF MONETARY BENEFITS - VETERANS' ADMINISTRATION BENEFICIARIES HOSPITALIZED OR DOMICILED IN VETERANS' ADMINISTRATION FACILITIES COMPENSATION, ADJUSTED COMPENSATION, PENSION, EMERGENCY OFFICERS' RETIREMENT PAY AND INSURANCE DUE AN INCOMPETENT BENEFICIARY OF THE VETERANS' ADMINISTRATION HOSPITALIZED OR DOMICILED IN A VETERANS' ADMINISTRATION FACILITY MAY BE PAID TO HIS GUARDIAN, IF ONE BE APPOINTED AND SATISFACTORY, OR TO THE CHIEF OFFICER OF THE INSTITUTION BY MEANS OF AN INSTITUTIONAL AWARD OF SUCH AMOUNT AS MAY BE NEEDED, AND THE REMAINDER COVERED INTO THE FUND ENTITLED "FUNDS DUE INCOMPETENT BENEFICIARIES, VETERANS' ADMINISTRATION," UNLESS APPORTIONED TO DEPENDENTS. PENSION MONEYS DUE AN INCOMPETENT PENSIONER OF THE VETERANS' ADMINISTRATION HOSPITALIZED OR DOMICILED IN A VETERANS' ADMINISTRATION FACILITY AND PAID TO THE CHIEF OFFICER OF SAID FACILITY AND IN HIS HANDS AT THE DEATH OF THE INCOMPETENT, ARE FOR DISPOSITION UNDER THE ACTS OF JULY 1, 1902, 32 STAT. 564, AND JUNE 25, 1910, 36 STAT. 736, AS THE CASE MIGHT BE. PENSION PAYABLE ON BEHALF OF AN INSANE VETERAN IN ST. ELIZABETHS HOSPITAL MAY BE PAID IN THE DISCRETION OF THE ADMINISTRATOR OF VETERANS' AFFAIRS TO A GUARDIAN OR OTHERWISE AS PRESCRIBED IN VETERANS' REGULATION NO. 6 (C) AND THE ACT OF AUGUST 12, 1935, 49 STAT. 607, AND NEED NOT BE PAID UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592. "PENSION" AND "COMPENSATION" PAYABLE TO WORLD WAR VETERANS FOR NON SERVICE AND SERVICE CONNECTED DISABILITIES IN THE CASE OF VETERANS FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE UNITED STATES SUCH AS THAT PROVIDED BY THE FORMER NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, ARE "PENSION" WITHIN THE MEANING OF THE ACTS OF JULY 1, 1902, 32 STAT. 546, AND JUNE 25, 1910, 36 STAT. 736, AND, AS SUCH, ARE FOR DISPOSITION ACCORDINGLY. INSURANCE GRANTED BY THE UNITED STATES GOVERNMENT ON THE LIFE OF A VETERAN ENTITLED THERETO UNDER THE PROVISIONS OF THE WAR RISK INSURANCE ACT, AS AMENDED, AND THE WORLD WAR VETERANS' ACT, AS AMENDED, IS NOT A GRATUITY FALLING WITHIN THE CLASSIFICATION OF "PENSION," BUT INSURANCE INSTALLMENTS PAID TO A VETERAN WHO DIES IN A VETERANS' ADMINISTRATION FACILITY CONSTITUTE PERSONAL PROPERTY OF THE VETERAN AND AS SUCH ARE PROPERLY FOR DISPOSITION UNDER THE PROVISIONS OF THE ACT OF JUNE 25, 1910, 36 STAT. 736.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, DECEMBER 13, 1935:

THERE HAVE BEEN CONSIDERED THE QUESTIONS SUBMITTED BY YOUR LETTER OF OCTOBER 30, 1935, AS SUPPLEMENTED BY LETTER DATED NOVEMBER 2, 1935. THE QUESTIONS WILL BE SET FORTH AND ANSWERED IN NUMERICAL ORDER, AS SUBMITTED BY YOUR RESPECTIVE LETTERS.

YOUR LETTER OF OCTOBER 30, 1935, PRESENTS TWO QUESTIONS.

QUESTION NO. 1

WHETHER MONETARY BENEFITS DUE AN INCOMPETENT BENEFICIARY OF THE VETERANS' ADMINISTRATION HOSPITALIZED OR DOMICILED IN VETERANS' ADMINISTRATION FACILITIES MAY BE PAID TO HIS GUARDIAN, IF ONE BE APPOINTED AND SATISFACTORY, OR TO THE CHIEF OFFICER OF THE INSTITUTION BY MEANS OF AN INSTITUTIONAL AWARD OF SUCH AMOUNT AS MAY BE NEEDED, AND THE REMAINDER BE COVERED INTO THE FUND ENTITLED "FUNDS DUE INCOMPETENT BENEFICIARIES, VETERANS' ADMINISTRATION," UNLESS APPORTIONED TO DEPENDENTS.

IT IS UNDERSTOOD THAT THE MONETARY BENEFITS REFERRED TO CONSIST OF (1) COMPENSATION, (2) ADJUSTED COMPENSATION, (3) PENSION, (4) EMERGENCY OFFICERS' RETIREMENT PAY, AND (5) INSURANCE.

THE FUND ENTITLED "FUNDS DUE INCOMPETENT BENEFICIARIES" WAS FIRST CREATED BY VIRTUE OF SECTION 23 OF THE ACT OF DECEMBER 24, 1919, 41 STAT. 371, WHICH WAS REENACTED AND AMENDED BY SECTION 23 (2) OF THE ACT OF MARCH 2, 1923, 42 STAT. 1374. THE CORRESPONDING SECTION IN THE WORLD WAR VETERANS' ACT, 1924, APPROVED JUNE 7, 1924, IS SECTION 21, 43 STAT. 613, BUT THERE WAS PROVIDED THEREIN NO EXPRESS PROVISION FOR THE CONTINUANCE OF SAID FUND. HOWEVER, BY SECTION 5 OF THE ACT OF JULY 3, 1930, 46 STAT. 993, THERE WAS ADDED TO SECTION 21, WORLD WAR VETERANS' ACT, 1924, A NEW SUBDIVISION EMBODYING SUBSTANTIALLY THE SAME PROVISIONS AS WERE CONTAINED IN THE ACT OF MARCH 2, 1923, WHICH AUTHORIZED CONTINUANCE OF SAID FUND. SEE A-28689, DATED OCTOBER 8, 1929, AND RECONSIDERATION THEREOF DATED JANUARY 24, 1930; ALSO, A 34732, DATED JANUARY 22, 1931, AND A-46121, DATED DECEMBER 23, 1932.

UNDER SECTION 20 OF THE ACT OF JUNE 26, 1934, 48 STAT. 1233-1235, THIS FUND WAS CONSTITUTED A PERMANENT TRUST FUND ON THE BOOKS OF THE TREASURY. THIS FUND ORIGINALLY CONSISTED OF COMPENSATION AND INSURANCE BENEFITS BUT IT APPEARS SUFFICIENTLY BROAD IN SCOPE TO PERMIT THE INCLUSION OF ANY OF THE MONETARY BENEFITS NOW PAYABLE BY YOUR ADMINISTRATION SO FAR AS CONSISTENT WITH EXISTING STATUTES, AND IN THIS CONNECTION IT IS UNDERSTOOD FROM YOUR SUBMISSION THAT SAID FUND HAS BEEN CREDITED WITH BENEFITS OTHER THAN THE TWO JUST MENTIONED.

UNDER SECTION 2 OF THE ACT OF FEBRUARY 26, 1881, 21 STAT. 350, REENACTED BY THE ACT OF AUGUST 7, 1882, 22 STAT. 322, IT IS PROVIDED THAT ALL PENSIONS PAYABLE, OR TO BE PAID, TO PENSIONERS WHO ARE, OR MAY BECOME, INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS SHALL BE PAID TO THE TREASURERS OF SAID HOME, TO BE APPLIED BY SUCH TREASURERS FOR THE BENEFIT OF THE PENSIONERS WITHOUT ANY DEDUCTION FOR FINES AND PENALTIES. BY EXECUTIVE ORDER NO. 5398, DATED JULY 21, 1930, ISSUED PURSUANT TO THE ACT OF JULY 3, 1930, 46 STAT. 1016, THE FUNCTIONS, ETC., RELATING TO THE ACTIVITIES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS WERE TRANSFERRED TO THE VETERANS' ADMINISTRATION. IN YOUR SUBMISSION YOU STATE THAT PRIOR TO THE ACT OF MARCH 20, 1933, 48 STAT. 8, PAYMENTS OF PENSION TO DOMICILED MEMBERS (WHETHER COMPETENT OR INCOMPETENT) OF VETERANS' ADMINISTRATION FACILITIES WERE MADE TO THE MANAGERS OF THE FACILITIES (CORRESPONDING TO FORMER TREASURERS OF THE HOMES) PURSUANT TO THE 1882 STATUTE ABOVE REFERRED TO.

THERE MUST NOW BE CONSIDERED WHETHER THE 1882 STATUTE IS STILL IN FULL FORCE AND EFFECT. SECTION 17 OF THE ACT OF MARCH 20, 1933, 48 STAT. 11, REPEALED:

ALL PUBLIC LAWS GRANTING MEDICAL OR HOSPITAL TREATMENT, DOMICILIARY CARE * * * TO VETERANS * * * OF THE SPANISH-AMERICAN WAR, INCLUDING THE BOXER REBELLION AND THE PHILIPPINE INSURRECTION, AND THE WORLD WAR, * * *. THIS SECTION OF THE STATUTE WAS HELD IN 14 COMP. GEN. 780 TO HAVE NO APPLICATION TO PROCEDURAL STATUTES RELATING TO THE DISPOSITION OF BENEFITS AFTER THEY HAVE BEEN GRANTED--- THE REPEAL HAVING APPLICATION ONLY TO THE PUBLIC LAWS "GRANTING" THE SEVERAL BENEFITS TO VETERANS.

SECTION 6 OF THE SAID ACT OF MARCH 20, 1933, AS AMENDED BY THE ACT OF JUNE 16, 1933, 48 STAT. 283, 301, AND SECTION 29 OF THE ACT OF MARCH 28, 1934, 48 STAT. 525, PROVIDES:

IN ADDITION TO THE PENSIONS PROVIDED IN THIS TITLE THE ADMINISTRATOR OF VETERANS' AFFAIRS IS HEREBY AUTHORIZED UNDER SUCH LIMITATIONS AS MAY BE PRESCRIBED * * * AND WITHIN THE LIMITS OF EXISTING VETERANS' ADMINISTRATION FACILITIES, TO FURNISH TO MEN DISCHARGED FROM THE ARMY, NAVY, MARINE CORPS, OR COAST GUARD FOR DISABILITIES INCURRED IN LINE OF DUTY AND TO VETERANS OF ANY WAR, INCLUDING THE BOXER REBELLION AND THE PHILIPPINE INSURRECTION, DOMICILIARY CARE * * * AND MEDICAL AND HOSPITAL TREATMENT FOR DISEASES OR INJURIES. * * *

THE REGULATIONS ISSUED PURSUANT TO THIS SECTION OF THE STATUTE ARE KNOWN AS VETERANS' REGULATION NO. 6-SERIES. SUBPARAGRAPH (A) OF PARAGRAPH VI OF VETERANS' REGULATION NO. 6 (C) (EXECUTIVE ORDER NO. 6775, DATED JUNE 30, 1934) PROVIDES, AMONG OTHER THINGS, THAT IN THE CASE OF COMPETENT DOMICILED VETERAN HAVING NEITHER WIFE, CHILD, NOR DEPENDENT PARENT, HIS PENSION, COMPENSATION, OR EMERGENCY OFFICERS' RETIREMENT PAY SHALL NOT EXCEED $15 PER MONTH FOR A SERVICE-CONNECTED DISABILITY OR $6 PER MONTH FOR A NON-SERVICE-CONNECTED DISABILITY. WITH RESPECT TO INCOMPETENT DOMICILED VETERANS AND THE METHOD OF PAYMENT OF BENEFITS DUE THEM SUBPARAGRAPHS (B) AND (C) OF THE SAME REGULATION PROVIDE:

(B) WHERE ANY DISABLED VETERAN HAVING NEITHER WIFE, CHILD, NOR DEPENDENT PARENT IS BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE UNITED STATES OR ANY POLITICAL SUBDIVISION THEREOF AND SHALL BE DEEMED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS TO BE INSANE, THE PENSION, COMPENSATION, OR EMERGENCY OFFICERS' RETIREMENT PAY FOR SUCH VETERAN SHALL BE IN THE AMOUNTS SPECIFIED IN (A) ABOVE, PROVIDED THAT IN ANY CASE WHERE THE ESTATE OF SUCH DISABLED INSANE VETERAN DERIVED FROM FUNDS PAID UNDER THE WAR RISK INSURANCE ACT, AS AMENDED, THE WORLD WAR VETERANS' ACT, 1924, AS AMENDED, THE EMERGENCY OFFICERS' RETIREMENT ACT OF MAY 24, 1928, THE SEVERAL PENSION ACTS, PUBLIC, NO. 2, 73D CONGRESS, PUBLIC, NO. 78, 73D CONGRESS, OR PUBLIC, NO. 141, 73D CONGRESS, EQUALS OR EXCEEDS $1,500, FURTHER PAYMENTS OF SUCH BENEFITS WILL NOT BE MADE UNTIL THE ESTATE DERIVED FROM SUCH FUNDS IS REDUCED TO $500: PROVIDED FURTHER, THAT ALL OR ANY PART OF THE PENSION, COMPENSATION OR EMERGENCY OFFICERS' RETIREMENT PAY PAYABLE ON ACCOUNT OF SUCH DISABLED INSANE VETERAN MAY, IN THE DISCRETION OF THE ADMINISTRATOR, AND IN ACCORDANCE WITH INSTRUCTIONS ISSUED BY THE ADMINISTRATOR, BE PAID TO THE CHIEF OFFICER OF THE INSTITUTION WHEREIN THE DISABLED VETERAN IS BEING MAINTAINED, TO BE PROPERLY ACCOUNTED FOR BY SAID CHIEF OFFICER AND TO BE USED FOR THE BENEFIT OF SUCH DISABLED VETERAN; OR MAY BE PAID TO THE GUARDIAN OF SUCH DISABLED VETERAN IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 1 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, AS AMENDED; OR, IN THE EVENT THE DISABLED VETERAN HAS A WIFE, CHILD, OR DEPENDENT PARENT, MAY, IN THE DISCRETION OF THE ADMINISTRATOR, BE APPORTIONED ON BEHALF OF SUCH WIFE, CHILD, OR DEPENDENT PARENT; OR OTHERWISE BE DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, AS AMENDED JULY 3, 1930.

(C) AS TO PENSION PAYABLE ON ACCOUNT OF SERVICE PRIOR TO THE SPANISH- AMERICAN WAR, THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY ONLY IN CASES WHERE THE DISABLED VETERAN IS BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE VETERANS' ADMINISTRATION, PROVIDED, HOWEVER, THAT THE AMOUNT PAYABLE WHILE THE VETERAN IS IN THE INSTITUTION SHALL BE $15 PER MONTH IN ALL CASES.

THESE REGULATIONS WHILE FIXING DEFINITE AMOUNTS OF BENEFITS PAYABLE UNDER CERTAIN CONDITIONS PROVIDE ALSO FOR THE METHOD OF PAYMENT OF SUCH BENEFITS, TO WIT, THAT IN THE DISCRETION OF THE ADMINISTRATOR, IN THE CASE OF AN INCOMPETENT VETERAN, PAYMENT MAY BE EITHER TO HIS GUARDIAN, IF ANY, OR BY AN INSTITUTIONAL AWARD TO THE CHIEF OFFICER OF THE INSTITUTION, OR BY APPORTIONMENT TO THE WIFE, CHILD, OR DEPENDENT PARENT, "OR OTHERWISE BE DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, AS AMENDED JULY 3, 1930.' BY VIRTUE OF SECTION 19 OF THE ACT OF MARCH 20, 1933, 48 STAT. 12, PROVIDING THAT "THE REGULATIONS ISSUED BY THE PRESIDENT UNDER THIS TITLE WHICH ARE IN EFFECT AT THE EXPIRATION OF 2 YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT SHALL CONTINUE IN EFFECT WITHOUT FURTHER CHANGE OR MODIFICATION UNLESS THE CONGRESS BY LAW SHALL OTHERWISE PROVIDE," THE ABOVE REGULATION AND SECTION 6 OF THE ACT OF MARCH 20, 1933, AS AMENDED, SUPRA, CONSTITUTE THE ONLY LAW UNDER WHICH BENEFICIARIES MAY BE HOSPITALIZED OR DOMICILED IN VETERANS' ADMINISTRATION FACILITIES, AND THOSE ACCEPTING SUCH HOSPITALIZATION OR DOMICILIARY CARE DO SO SUBJECT TO THE PROVISIONS OF SUCH REGULATION.

THERE IS THUS PUT IN ISSUE SO FAR AS PENSION IS CONCERNED, WHETHER THE METHOD OF PAYMENT PRESCRIBED BY THE 1882 ACT, SUPRA, HAS IN ANY WISE BEEN AFFECTED BY THE PROVISIONS OF THE ABOVE-QUOTED VETERANS' REGULATION.

IN YOUR SUBMISSION OF OCTOBER 30, 1935, YOU STATE THAT:

* * * SINCE THE EFFECTIVE DATE OF VETERANS REGULATION NO. 6 SERIES IT HAS BEEN THE PRACTICE IN THE CASE OF INCOMPETENT VETERANS IN VETERANS' ADMINISTRATION FACILITIES, WAS WELL AS THOSE IN ST. ELIZABETHS HOSPITAL RECEIVING BENEFITS PREDICATED ON SERVICE RENDERED SUBSEQUENT TO APRIL 21, 1898, TO PAY THE BENEFITS ON BEHALF OF SUCH BENEFICIARIES TO THEIR DULY CONSTITUTED GUARDIANS, IF ANY, OR OTHERWISE BY MEANS OF AN INSTITUTIONAL AWARD TO THE CHIEF OFFICER OF THE INSTITUTION. OF COURSE, IN A FEW CASES PAYMENTS HAVE BEEN WITHHELD FROM UNSATISFACTORY GUARDIANS AND DISPOSED OF AS PROVIDED BY PARAGRAPH 3, SECTION 21, WORLD WAR VETERANS' ACT, AS AMENDED. IN SOME CASES NOT ALL OF THE AMOUNTS PAYABLE HAVE BEEN PAID TO SUCH INSTITUTIONS BUT ONLY SO MUCH THEREOF AS WAS DEEMED TO BE NECESSARY FOR THE USE OF THE VETERAN, THE BALANCE THEREOF BEING COVERED INTO THE ,FUND DUE INCOMPETENT BENEFICIARIES.'

SECTION 21 OF THE WORLD WAR VETERANS' ACT WAS AMENDED BY THE ACT OF AUGUST 12, 1935, 49 STAT. 607, THE PERTINENT PROVISION OF WHICH NOW READING AS FOLLOWS:

(1) WHERE ANY PAYMENT OF COMPENSATION, ADJUSTED COMPENSATION, PENSION, EMERGENCY OFFICERS' RETIREMENT PAY, OR INSURANCE UNDER ANY ACT ADMINISTERED BY THE VETERANS' ADMINISTRATION IS TO BE MADE TO A MINOR, OTHER THAN A PERSON IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES, OR TO A PERSON MENTALLY INCOMPETENT, OR UNDER OTHER LEGAL DISABILITY ADJUDGED BY A COURT OF COMPETENT JURISDICTION, SUCH PAYMENT MAY BE MADE TO THE PERSON WHO IS CONSTITUTED GUARDIAN, CURATOR, OR CONSERVATOR BY THE LAWS OF THE STATE OF RESIDENCE OF CLAIMANT, OR IS OTHERWISE LEGALLY VESTED WITH THE CARE OF THE CLAIMANT OR HIS ESTATE: * * *

(3) ALL OR ANY PART OF THE COMPENSATION, PENSION, EMERGENCY OFFICERS' RETIREMENT PAY, OR INSURANCE THE PAYMENT OF WHICH IS SUSPENDED OR WITHHELD UNDER THIS SECTION MAY, IN THE DISCRETION OF THE ADMINISTRATOR, BE PAID TEMPORARILY TO THE PERSON HAVING CUSTODY AND CONTROL OF THE INCOMPETENT OR MINOR BENEFICIARY TO BE USED SOLELY FOR THE BENEFIT OF SUCH BENEFICIARY, OR IN THE CASE OF AN INCOMPETENT VETERAN, MAY BE APPORTIONED TO THE DEPENDENT OR DEPENDENTS, IF ANY, OF SUCH VETERAN. ANY PART NOT SO PAID AND ANY FUNDS OF A MENTALLY INCOMPETENT OR INSANE VETERAN NOT PAID TO THE CHIEF OFFICER OF THE INSTITUTION IN WHICH SUCH VETERAN IS AN INMATE NOR APPORTIONED TO HIS DEPENDENT OR DEPENDENTS MAY BE ORDERED HELD IN THE TREASURY TO THE CREDIT OF SUCH BENEFICIARY. ALL FUNDS SO HELD SHALL BE DISBURSED UNDER THE ORDER AND IN THE DISCRETION OF THE ADMINISTRATOR FOR THE BENEFIT OF SUCH BENEFICIARY OR HIS DEPENDENTS. ANY BALANCE REMAINING IN SUCH FUND TO THE CREDIT OF ANY BENEFICIARY MAY BE PAID TO HIM IF HE RECOVERS AND IS FOUND COMPETENT, OR, IF A MINOR, ATTAINS MAJORITY, OR OTHERWISE TO HIS GUARDIAN, CURATOR, OR CONSERVATOR, OR, IN THE EVENT OF HIS DEATH, TO HIS PERSONAL REPRESENTATIVE, EXCEPT AS OTHERWISE PROVIDED BY LAW: * * *

THE EVIDENT PURPOSE OF SAID SECTION WAS TO SAFEGUARD THE ESTATES OF VETERANS DERIVED FROM PAYMENT OF THE BENEFITS THEREIN NAMED AND TO PROVIDE SO FAR AS POSSIBLE A UNIFORM SYSTEM WITH RESPECT TO THE SUPERVISION OF THE BENEFITS SO PAID. THESE PROVISIONS AND THE PROVISIONS OF PARAGRAPH VI OF VETERANS' REGULATIONS NO. 6 (C), SUPRA, APPEAR CONSISTENT WITH REFERENCE TO THE MODE OF PAYMENT OF THE MONETARY BENEFITS THEREIN NAMED--- THERE HAVING BEEN INCLUDED, HOWEVER, IN THE LATTER ACT, AN ADDITIONAL MONETARY BENEFIT, NAMELY, INSURANCE, NOT COVERED IN THE REGULATION. WHILE REGULATION NO. 6 (C) AND THE ACT OF AUGUST 12, 1935, SUPRA, PROVIDE, AMONG OTHER THINGS, FOR PAYING PENSION MONEY OF DOMICILED INCOMPETENT VETERANS IN A MANNER DIFFERENT FROM THAT AUTHORIZED BY THE ACT OF AUGUST 7, 1882, SUPRA, THEY DO NOT EXPRESSLY REPEAL THE PRIOR LAWS. IT IS A WELL SETTLED RULE OF STATUTORY CONSTRUCTION THAT IMPLIED REPEALS ARE NOT FAVORED, AND THAT WHEN TWO STATUTES COVER IN WHOLE OR IN PART THE SAME MATTER, EFFECT IS TO BE GIVEN TO BOTH, UNLESS THEY ARE IRRECONCILABLE. THAT IS TO SAY, EFFECT IS TO BE GIVEN TO BOTH LAWS UNLESS IT IS CLEAR THAT THE LATTER WAS INTENDED TO SUPERSEDE THE PROVISIONS OF THE FORMER. THIS RULE HAS BEEN ENUNCIATED IN A LONG LINE OF JUDICIAL PRECEDENTS AND HAS BEEN UNIFORMLY FOLLOWED BY THE ACCOUNTING OFFICERS OF THE GOVERNMENT.

BY THE 1882 STATUTE IT WAS PROVIDED THAT PENSION OF INMATES OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS (COMPETENT AND INCOMPETENT MEMBERS) "SHALL BE PAID TO THE TREASURERS OF SAID HOME, TO BE DISBURSED FOR THE BENEFIT OF THE PENSIONERS WITHOUT DEDUCTION FOR FINES OR PENALTIES UNDER THE RULES AND REGULATION OF SAID HOME.' PARAGRAPH 253, REGULATIONS OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AS REVISED UNDER DATE OF MARCH 20, 1922, PROVIDED:

FOURTH--- IN THE CASE OF A MEMBER CLASSED BY THE SURGEON AS "INCOMPETENT" PAYMENT OF HIS PENSION MONEY MAY BE MADE AS FOLLOWS:

(A) TO THE SURGEON IN SUCH SMALL SUMS AS MAY BE NECESSARY FOR THE PERSONAL EXPENSES OF THE MEMBER.

(B) TO A WIFE, MINOR CHILD, OR DEPENDENT RELATIVE, IN COMPLIANCE WITH THE DIRECTIONS OF THE MEMBER GIVEN IN WRITING WHILE COMPETENT, OR UPON THE AUTHORITY OF THE PRESIDENT OF THE BOARD OF MANAGERS (ADMINISTRATION OF VETERANS' AFFAIRS) * * *.

HENCE, IT MAY BE STATED THAT THE ONLY REPUGNANCY BETWEEN THE 1882 STATUTE AND REGULATION NO. 6 (C) AND THE ACT OF AUGUST 12, 1935, SUPRA, IS THAT UNDER THE LATTER ACT IT IS PERMISSIBLE TO MAKE PAYMENT TO A GUARDIAN, IF ANY, WHEREAS UNDER THE FORMER ACT PAYMENT TO A GUARDIAN WAS NOT AUTHORIZED. TO THAT EXTENT THE FORMER ACT MUST YIELD TO THE PROVISIONS OF THE LATTER--- IN ALL OTHER RESPECTS THE LATTER BEING CONSISTENT WITH THE FORMER AND THE REGULATIONS APPLICABLE THEREUNDER, EXCEPT, OF COURSE, AS TO THE DISBURSING FUNCTIONS INVOLVED THEREIN, AS RESPECTS COMPETENT MEMBERS. SEE FOURTH PARAGRAPH OF YOUR LETTER OF JULY 22, 1935, QUOTED ON PAGE 2 OF MY DECISION TO YOU DATED SEPTEMBER 27, 1935, A-56259, 15 COMP. GEN. 251.

YOUR FIRST QUESTION, THEREFORE, IS ANSWERED IN THE AFFIRMATIVE. IF SO ANSWERED, HOWEVER, IT HAS BEEN SUGGESTED THAT UPON THE DEATH OF THE INCOMPETENT PENSIONER RECEIVING DOMICILIARY CARE AT TIME OF DEATH THERE MIGHT BE A MATERIAL DIFFERENCE BETWEEN THE DISPOSITION OF FUNDS IN THE HANDS OF THE MANAGER OF THE FACILITY TO WHOM A PART OF THE PENSION MONEY MAY HAVE BEEN PAID FOR THE SOLE USE OF THE VETERAN AND THE BALANCE OF THE PENSION MONEY CREDITED TO "FUNDS DUE INCOMPETENT BENEFICIARIES.'

IT HAS BEEN HELD THAT WHERE A PENSIONER DIES WHILE RECEIVING DOMICILIARY CARE IN A VETERANS' ADMINISTRATION FACILITY, SUCH AS WAS FORMERLY FURNISHED IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, ANY MONEY OF SUCH DECEASED INMATE WHICH CAN BE IDENTIFIED AS PENSION MONEY IS FOR DISPOSITION UNDER THE ACTS OF JULY 1, 1902, 32 STAT. 564, AND JUNE 25, 1910, 36 STAT. 736, AS THE CASE MIGHT BE, 14 COMP. GEN. 115; ID. 780. THE CREDITING OF PENSION MONEY TO THE ACCOUNT ,FUNDS DUE INCOMPETENT BENEFICIARIES" IN NOWISE CHANGES THE CHARACTER OF THE MONEY AS PENSION MONEY. IN THIS CONNECTION IT IS PERTINENT TO NOTE THE PROVISION IN SECTION 1 (3) OF THE ACT OF AUGUST 12, 1935, SUPRA, READING:

* * * ANY BALANCE REMAINING IN SUCH FUND (FUNDS DUE INCOMPETENT BENEFICIARIES) TO THE CREDIT OF ANY BENEFICIARY MAY BE PAID * * * IN THE EVENT OF HIS DEATH TO HIS PERSONAL REPRESENTATIVE, EXCEPT AS OTHERWISE PROVIDED BY LAW: * * *

THE ITALICIZED PORTION OF THE STATUTE JUST QUOTED CLEARLY SHOWS THAT THE CONGRESS DID NOT INTEND THAT ALL MONEYS IN THE FUND THUS PROVIDED FOR SHOULD GO TO THE PENSIONER'S PERSONAL REPRESENTATIVE. ON THE CONTRARY, IT RECOGNIZES THE FACT THAT THE DISPOSITION OF CERTAIN CLASSES OF MONEYS IN SAID FUND WERE OTHERWISE PROVIDED FOR BY LAW--- SUCH AS THE 1902 AND 1910 STATUTES DIRECTING HOW PENSION MONEYS ARE TO BE DISPOSED OF IN THE CASE OF DECEASED VETERANS DYING WHILE DOMICILED IN A VETERANS' ADMINISTRATION FACILITY.

WITH RESPECT TO ANY PENSION FUNDS IN THE HANDS OF A GUARDIAN UPON THE DEATH OF THE VETERAN WARD, THE ACT OF AUGUST 12, 1935, PROVIDES THAT:

* * * ANY FUNDS IN THE HANDS OF A GUARDIAN, * * * DERIVED FROM * * * PENSION * * * WHICH UNDER THE LAW OF THE STATE WHEREIN THE BENEFICIARY HAD HIS LAST LEGAL RESIDENCE WOULD ESCHEAT TO THE STATE, SHALL ESCHEAT TO THE UNITED STATES AND SHALL BE RETURNED BY SUCH GUARDIAN * * * TO THE VETERANS' ADMINISTRATION, AND SHALL BE DEPOSITED TO THE CREDIT OF THE CURRENT APPROPRIATIONS PROVIDED FOR PAYMENT OF * * * PENSION,

THERE IS SEEN NO POSSIBLE DIFFICULTY IN THE DISPOSITION OF PENSION MONEYS WHETHER PAID TO A GUARDIAN, WHEN ONE IS APPOINTED, OR WHETHER PART IS PAID TO THE CHIEF OFFICER OF THE INSTITUTION AND THE BALANCE CREDITED TO "FUNDS DUE INCOMPETENT BENEFICIARIES," WHERE NO APPORTIONMENT IS MADE TO DEPENDENTS--- IN THE FORMER CASE THE MONEYS BEING FOR PAYING OVER TO THE PERSONAL REPRESENTATIVE, OR IN THE CASE OF ESCHEAT TO THE STATE, BEING FOR CREDITING TO THE APPROPRIATION, WHILE IN THE LATTER CASE THE PENSION MONEYS BEING FOR DISPOSITION UNDER THE 1902 AND 1910 ACTS, AS THE CASE MIGHT BE.

QUESTION NO. 2

WHETHER PENSION PAYABLE ON BEHALF OF AN INSANE VETERAN IN ST. ELIZABETHS HOSPITAL SHOULD BE PAID UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, AND SUBJECT TO THE PROVISIONS THEREOF, OR WHETHER IT MAY BE PAID TO A GUARDIAN OR OTHERWISE AS PROVIDED IN VETERANS' REGULATION NO. 6 (C) AND THE ACT OF AUGUST 12, 1935, PUBLIC, NO. 262, 49 STAT. 607.

SECTION 4839, REVISED STATUTES, AS AMENDED BY THE ACT OF FEBRUARY 2, 1909, 35 STAT. 592, PROVIDES, IN PART:

* * * DURING THE TIME THAT ANY PENSIONER SHALL BE AN INMATE OF THE GOVERNMENT HOSPITAL FOR THE INSANE, ALL MONEY DUE OR BECOMING DUE UPON HIS OR HER PENSION SHALL BE PAID BY THE PENSION AGENT TO THE SUPERINTENDENT OR DISBURSING AGENT OF THE HOSPITAL, UPON A CERTIFICATE BY SUCH SUPERINTENDENT THAT THE PENSIONER IS AN INMATE OF THE HOSPITAL AND IS LIVING, AND SUCH PENSION MONEY SHALL BE BY SAID SUPERINTENDENT OR DISBURSING AGENT DISBURSED AND USED, UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF THE INTERIOR, FOR THE BENEFIT OF THE PENSIONER, AND, IN CASE OF A MALE PENSIONER, HIS WIFE, MINOR CHILDREN, AND DEPENDENT PARENTS, OR, IF A FEMALE PENSIONER, HER MINOR CHILDREN, IF ANY, IN THE ORDER NAMED, AND TO PAY HIS OR HER BOARD AND MAINTENANCE IN THE HOSPITAL, THE REMAINDER OF SUCH PENSION MONEY, IF ANY, TO BE PLACED TO THE CREDIT OF THE PENSIONER AND TO BE PAID TO THE PENSIONER OR THE GUARDIAN OF THE PENSIONER IN THE EVENT OF HIS OR HER DISCHARGE FROM THE HOSPITAL; OR, IN THE EVENT OF THE DEATH OF SAID PENSIONER WHILE AN INMATE OF SAID HOSPITAL, SHALL, IF A FEMALE PENSIONER, BE PAID TO HER MINOR CHILDREN, AND, IN THE CASE OF A MALE PENSIONER, BE PAID TO HIS WIFE, IF LIVING; IF NO WIFE SURVIVES HIM, THEN TO HIS MINOR CHILDREN; AND IN CASE THERE IS NO WIFE NOR MINOR CHILDREN, THEN THE SAID UNEXPENDED BALANCE TO HIS OR HER CREDIT SHALL BE APPLIED TO THE GENERAL USES OF SAID HOSPITAL: PROVIDED, THAT IN THE CASE OF ANY PENSIONER TRANSFERRED TO THE HOSPITAL FROM THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS ANY PENSION MONEY TO HIS CREDIT AT SAID HOME AT THE TIME OF HIS SAID TRANSFER SHALL BE TRANSFERRED WITH HIM TO SAID HOSPITAL AND PLACED TO HIS CREDIT THEREIN, TO BE EXPENDED AS HEREINBEFORE PROVIDED, AND IN CASE OF HIS RETURN FROM SAID HOSPITAL TO THE HOME ANY BALANCE TO HIS CREDIT AT SAID HOSPITAL SHALL IN LIKE MANNER BE TRANSFERRED TO SAID HOME, TO BE EXPENDED IN ACCORDANCE WITH THE RULES ESTABLISHED IN REGARD THERETO, AND THIS PROVISION SHALL ALSO BE APPLICABLE TO ALL UNEXPENDED PENSION MONEY HERETOFORE PAID TO THE OFFICERS OF SAID HOSPITAL ON ACCOUNT OF PENSIONERS WHO WERE, BUT ARE NOT NOW, INMATES THEREOF.

THE PROVISO IN THE STATUTE, SUPRA, HAS REFERENCE TO PENSIONERS ADMITTED INTO ST. ELIZABETHS HOSPITAL UPON THE ORDER OF THE PRESIDENT OF THE BOARD OF MANAGERS OF THE NATIONAL HOME (ADMINISTRATOR OF VETERANS' AFFAIRS) PURSUANT TO THE ACT OF AUGUST 7, 1882, 22 STAT. 330, AS AMENDED BY THE ACT OF FEBRUARY 20, 1905, 33 STAT. 731, AND THE ACT OF JULY 3, 1930, 46 STAT. 1016.

SUBPARAGRAPH (B) OF PARAGRAPH VI OF VETERANS' REGULATION NO. 6 (C), SUPRA, DEALS WITH THE MATTER OF THE PAYMENT OF PENSION TO INSANE VETERANS WHO ARE "BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL OR DOMICILIARY CARE BY THE UNITED STATES OR ANY POLITICAL SUBDIVISION THEREOF," AND PROVISION IS MADE THEREUNDER:

* * * THAT ALL OF ANY PART OF THE PENSION * * * PAYABLE ON ACCOUNT OF SUCH DISABLED INSANE VETERAN MAY, IN THE DISCRETION OF THE ADMINISTRATOR, AND IN ACCORDANCE WITH INSTRUCTIONS ISSUED BY THE ADMINISTRATOR, BE PAID TO THE CHIEF OFFICER OF THE INSTITUTION WHEREIN THE DISABLED VETERAN IS BEING MAINTAINED, TO BE PROPERLY ACCOUNTED FOR BY SAID CHIEF OFFICER AND TO BE USED FOR THE BENEFIT OF SUCH DISABLED VETERAN; OR MAY BE PAID TO THE GUARDIAN OF SUCH DISABLED VETERAN IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 1 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, AS AMENDED; OR, IN THE EVENT THE DISABLED VETERAN HAS A WIFE, CHILD, OR DEPENDENT PARENT, MAY, IN THE DISCRETION OF THE ADMINISTRATOR, BE APPORTIONED ON BEHALF OF SUCH WIFE, CHILD, OR DEPENDENT PARENT; OR OTHERWISE BE DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 3 OF SECTION 21 OF THE WORLD WAR VETERANS' ACT, AS AMENDED JULY 3, 1930.

PENSIONERS HOSPITALIZED, ETC., IN ST. ELIZABETHS HOSPITAL AT THE EXPENSE OF THE VETERANS' ADMINISTRATION COME WITHIN THE SCOPE OF THE CLASS OF INSANE PENSIONERS EMBRACED IN THE WORDS ,BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL, OR DOMICILIARY CARE BY THE UNITED STATES" APPEARING IN THE REGULATION, SUPRA. THE REGULATION CONSTITUTING THE NOW EXISTING LAW IN THE MATTER, FULL FORCE AND EFFECT MUST BE GIVEN THERETO.

THE PROVISIONS OF THE 1909 ACT, SUPRA, ARE NOT EXPRESSLY REPEALED BY ANY SUBSEQUENT STATUTE OR BY THE REGULATION IN QUESTION. UNDER THE RULE OF STATUTORY CONSTRUCTION DISCUSSED UNDER THE FIRST QUESTION PRESENTED HEREIN THE 1909 ACT MUST BE GIVEN FULL FORCE AND EFFECT EXCEPT TO THE EXTENT THAT THE PROVISIONS IN THE SUBSEQUENT ACTS, OR THE REGULATION IN QUESTION, ARE INCONSISTENT THEREWITH. A CAREFUL STUDY OF SAID LATER ACTS AND THE REGULATION REVEALS THAT THE MANNER OF PAYMENT OF PENSION THEREUNDER IS REPUGNANT TO THE 1909 STATUTE ONLY IN THOSE CASES WHERE THE ADMINISTRATOR EXERCISES THE DISCRETION THEREIN VESTED IN HIM IN MAKING PAYMENTS TO GUARDIANS, ETC.--- THAT IS TO SAY, TO OTHER THAN "THE SUPERINTENDENT OR DISBURSING AGENT OF THE HOSPITAL" AS PRESCRIBED IN THE SAID 1909 ACT.

IN ANSWER TO THE SECOND QUESTION, YOU ARE INFORMED THAT PENSION PAYABLE ON BEHALF OF AN INSANE VETERAN IN ST. ELIZABETHS HOSPITAL MAY BE PAID IN THE DISCRETION OF THE ADMINISTRATOR, TO A GUARDIAN OR OTHERWISE AS PRESCRIBED IN VETERANS' REGULATION NO. 6 (C) AND THE ACT OF AUGUST 12, 1935, SUPRA. THE SUGGESTION OF YOUR SUBMISSION THAT IF PENSIONS WERE PAID ST. ELIZABETHS HOSPITAL UNDER THE 1909 ACT, THEY MIGHT BE APPLIED TO PAY THE COST OF MAINTENANCE OF THE VETERAN THEREIN, APPEARS TO BE WITHOUT FORCE FOR THE REASON THAT IN THE CASES HERE INVOLVED THE COST OF MAINTENANCE OF THE INSANE PENSIONER IS UNDERSTOOD TO BE BORNE FROM APPROPRIATED MONEYS.

YOUR LETTER OF NOVEMBER 2, 1935, PRESENTED THREE QUESTIONS WHICH ARE NUMBERED CONSECUTIVELY TO THOSE ABOVE SET FORTH.

QUESTION NO. 3

WHETHER PENSION PAYABLE TO WORLD WAR VETERANS UNDER VETERANS' REGULATION NO. 1 (A), PART III, FOR NONSERVICE CONNECTED DISABILITY IS PENSION WITHIN THE MEANING OF THE ACTS OF JULY 1, 1902, 32 STAT. 546, AND JUNE 25, 1910, 36 STAT. 736, AND, AS SUCH, FOR DISPOSITION ACCORDINGLY.

THE ACTS OF JULY 1, 1902, 32 STAT. 564, AND JUNE 25, 1910, 36 STAT. 736, RELATE TO THE DISPOSITION OF PENSION MONEY OF DECEASED INMATES OF VETERANS' ADMINISTRATION FACILITIES WHO AT THE TIME OF DEATH WERE RECEIVING DOMICILIARY CARE SUCH AS WAS FORMERLY FURNISHED IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, THE 1902 ACT PROVIDING AS FOLLOWS:

HEREAFTER ANY BALANCE OF PENSION MONEY DUE A MEMBER OF THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AT THE TIME OF HIS DEATH SHALL BE PAID TO HIS WIDOW, MINOR CHILDREN OR DEPENDENT MOTHER OR FATHER IN THE ORDER NAMED, AND SHOULD NO WIDOW, MINOR CHILD, OR DEPENDENT PARENT BE DISCOVERED WITHIN ONE YEAR FROM THE TIME OF THE DEATH OF THE PENSIONER, SAID BALANCE SHALL BE PAID TO THE POST FUND OF THE BRANCH OF SAID NATIONAL HOME OF WHICH THE PENSIONER WAS A MEMBER AT THE TIME OF HIS DEATH, TO BE USED FOR THE COMMON BENEFIT OF THE MEMBERS OF THE HOME UNDER THE DIRECTION OF THE BOARD OF MANAGERS, SUBJECT TO FUTURE RECLAMATION BY THE RELATIVES HEREINBEFORE DESIGNATED, UPON APPLICATION FILED WITH THE BOARD OF MANAGERS WITHIN FIVE YEARS AFTER THE PENSIONER'S DEATH.

AND THE 1910 ACT, AS FOLLOWS:

HEREAFTER THE APPLICATION OF ANY PERSON FOR MEMBERSHIP IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS AND THE ADMISSION OF THE APPLICANT THEREUNDER SHALL BE AND CONSTITUTE A VALID AND BINDING CONTRACT BETWEEN SUCH APPLICANT, AND THE BOARD OF MANAGERS OF SAID HOME THAT ON THE DEATH OF SAID APPLICANT WHILE A MEMBER OF SUCH HOME, LEAVING NO HEIRS AT LAW NOR NEXT OF KIN, ALL PERSONAL PROPERTY OWNED BY SAID APPLICANT AT THE TIME OF HIS DEATH, INCLUDING MONEY OR CHOSES IN ACTION HELD BY HIM AND NOT DISPOSED OF BY WILL WHETHER SUCH PROPERTY BE THE PROCEEDS OF PENSIONS OR OTHERWISE DERIVED, SHALL VEST IN AND BECOME THE PROPERTY OF SAID BOARD OF MANAGERS FOR THE SOLE USE AND BENEFIT OF THE POST FUND OF SAID HOME, THE PROCEEDS TO BE DISPOSED OF AND DISTRIBUTED AMONG THE SEVERAL BRANCHES AS MAY BE ORDERED BY SAID BOARD OF MANAGERS, AND THAT ALL PERSONAL PROPERTY OF SAID APPLICANT SHALL, UPON HIS DEATH, WHILE A MEMBER, AT ONCE PASS TO AND VEST IN SAID BOARD OF MANAGERS, SUBJECT TO BE RECLAIMED BY ANY LEGATEE OR PERSON ENTITLED TO TAKE THE SAME BY INHERITANCE AT ANY TIME WITHIN FIVE YEARS AFTER THE DEATH OF SUCH MEMBER. THE BOARD OF MANAGERS IS DIRECTED TO SO CHANGE THE FORM OF APPLICATION FOR MEMBERSHIP AS TO GIVE REASONABLE NOTICE OF THIS PROVISION TO EACH APPLICANT AND AS TO CONTAIN THE CONSENT OF THE APPLICANT TO ACCEPT MEMBERSHIP UPON THE CONDITIONS HEREIN PROVIDED.

THE PERSONS ENTITLED TO PENSION UNDER VETERANS' REGULATION NO. 1 (A), PART III, ARE UNDERSTOOD TO BE ENTITLED, ALSO UNDER THE PROVISIONS OF PARAGRAPH I OF VETERANS' REGULATION NO. 6 (C), TO SUCH "DOMICILIARY OR HOSPITAL CARE" AS THE ADMINISTRATOR OF VETERANS' AFFAIRS MAY AUTHORIZE ,WITHIN THE LIMITS OF VETERANS' ADMINISTRATION FACILITIES," UNDER WHICH REGULATION, ALSO, PROVISION IS MADE UNDER PARAGRAPH VI THEREOF FOR THE METHOD OF PAYMENT OF "PENSION" AND OTHER BENEFITS, IN THE CASE OF A VETERAN "BEING FURNISHED HOSPITAL TREATMENT, INSTITUTIONAL, OR DOMICILIARY CARE BY THE UNITED STATES.'

I FIND NOTHING IN THE EXISTING STATUTES AND REGULATIONS EVINCING ANY INTENTION THAT "PENSION" PAYABLE TO WORLD WAR VETERANS UNDER REGULATION NO. 1 (A), PART III, IS TO BE TREATED AS A BENEFIT DIFFERING FROM PENSION AS THAT TERM IS CONSTRUED IN THE APPLICATION OF FEDERAL STATUTES RELATING TO THE DISPOSITION OF PENSIONS GENERALLY. ACCORDINGLY, ON THE BASIS THAT THAT THE CLASS OF PENSIONERS INVOLVED HERE ARE EXTENDED THE BENEFITS SUCH AS THAT PROVIDED BY THE FORMER NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS, IT IS HELD THAT THIS CLASS OF PENSION IS "PENSION" WITHIN THE MEANING OF THE ACTS OF JULY 1, 1902, AND JUNE 25, 1910, SUPRA, AND, AS SUCH, FOR DISPOSITION ACCORDINGLY.

QUESTION NO. 4

WHETHER "COMPENSATION" PAYABLE TO WORLD WAR VETERANS UNDER VETERANS' REGULATION NO. 1 (A), PART I, AND/OR TITLE III OF THE ACT OF MARCH 28, 1934, PUBLIC, NO. 141, 48 STAT. 524, FOR SERVICE-CONNECTED DISABILITY IS PENSION WITHIN THE MEANING OF THE ACTS OF JULY 1, 1902, 32 STAT. 546, AND JUNE 25, 1910, 36 STAT. 736, AND, AS SUCH, FOR DISPOSITION ACCORDINGLY.

AS STATED UNDER QUESTION 3, THE ACTS OF JULY 1, 1902, AND JUNE 25, 1910, RELATE TO THE DISPOSITION OF PENSION MONEY OF DECEASED INMATES OF VETERANS' ADMINISTRATION FACILITIES WHO AT TIME OF DEATH WERE RECEIVING DOMICILIARY CARE SUCH AS WAS FORMERLY FURNISHED IN THE NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS.

SECTION 212 OF THE WORLD WAR VETERANS' ACT, 1924, 43 STAT. 623, PROVIDES IN PART:

THIS ACT IS INTENDED TO PROVIDE A SYSTEM FOR THE RELIEF OF PERSONS WHO WERE DISABLED, AND FOR THE DEPENDENTS OF THOSE WHO DIED AS A RESULT OF DISABILITY SUFFERED IN THE MILITARY SERVICE OF THE UNITED STATES BETWEEN APRIL 6, 1917, AND JULY 2, 1921. FOR SUCH DISABILITIES AND DEATHS NO OTHER PENSION LAW OR LAWS PROVIDING FOR GRATUITIES OR PAYMENTS IN THE EVENT OF DEATH IN THE SERVICE SHALL BE APPLICABLE * * *.

A SIMILAR PROVISION WAS CONTAINED IN SECTION 312 OF THE WAR RISK INSURANCE ACT OF OCTOBER 6, 1917, 40 STAT. 408. THIS PROVISION OF THE STATUTE IS VIEWED AS A SUBSTITUTION OF THE ,COMPENSATION" SYSTEM FOR THE OLD PENSION SYSTEM, FOR THE PERIOD THEREIN SPECIFIED, AND THE REFERENCE THEREIN TO "OTHER PENSION LAW OR LAWS" WOULD INDICATE THAT THE CONGRESS REGARDED THIS COMPENSATION AS A PENSION. SUCH COMPENSATION HAS BEEN CONSISTENTLY CONSTRUED AS BEING IN THE NATURE OF A PENSION FOR SERVICE IN THE ARMY OR NAVY. 27 COMP. DEC. 547; ID. 606; ID. 863; ID. 1066; 1 COMP. GEN. 25; 2 ID. 582; ID. 643; 31 OP.ATTY.GEN. 296.

UNDER SECTION 17 OF THE ACT OF MARCH 20, 1933, 48 STAT. 11, THE LAWS GRANTING COMPENSATION BENEFITS, AMONG OTHERS, WERE REPEALED. UNDER SAID ACT THE MONETARY BENEFITS ALLOWED FOR DISABILITIES, ETC., BECAUSE OF SERVICES IN THE ARMY, NAVY, ETC., WERE DENOMINATED "PENSION.' HOWEVER, BY SECTION 33 OF TITLE III OF THE ACT OF MARCH 28, 1934, 48 STAT. 526, IT WAS PROVIDED:

SERVICE-CONNECTED MONEY BENEFITS PAYABLE TO WORLD WAR VETERANS UNDER THIS TITLE AND PUBLIC LAW NUMBERED 2, SEVENTY-THIRD CONGRESS, SHALL BE ENTITLED "COMPENSATION" AND NOT "PENSION.'

WHILE THERE WAS THUS REVIVED THE TERM "COMPENSATION," FOR THE MONETARY BENEFIT FORMERLY COVERED BY THE WAR RISK INSURANCE ACT, AS AMENDED, AND THE WORLD WAR VETERANS' ACT, 1924, AS AMENDED, THERE APPEARS NOTHING IN THE PROVISIONS OF THE SAID ACT OF MARCH 28, 1934, DISCLOSING ANY INTENTION THAT "COMPENSATION" BENEFITS SHOULD BE TREATED DIFFERENTLY FROM PENSION BENEFITS PROVIDED FOR UNDER THE ACT OF MARCH 20, 1933, AND THE REGULATION ISSUED PURSUANT THERETO WHICH SUPERSEDE ALL PRIOR STATUTES RELATING TO THE GRANTING OF COMPENSATION BENEFITS. THE MERE CHANGE IN THE NAME OF A THING DOES NOT CHANGE THE CHARACTER OR STATUS OF THAT THING SO LONG AS THE FACTS CREATING THE STATUS OF THE THING REMAIN THE SAME. THAT APPEARS TO BE THE SITUATION HERE.

SINCE THE SERVICES FORMERLY FURNISHED BY THE NATIONAL HOME ARE NOW ADMINISTERED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS WHO NOW PAYS ALL THE MONETARY BENEFITS (PENSION AND COMPENSATION) TO VETERANS ENTITLED THERETO, AND THERE APPEARING TO HAVE BEEN EVINCED AN INTENT ON THE PART OF THE CONGRESS THROUGH RECENT LEGISLATION TO STANDARDIZE AND MAKE UNIFORM THESE BENEFITS--- PARTICULARLY THE ADMINISTRATION OF THEIR ESTATES, COVERED BY THE ACT OF AUGUST 12, 1935, SUPRA, A MATTER WHICH CONCERNS, ALSO, THE 1902 AND 1910 ACTS IN QUESTION HERE--- AND SINCE ALSO THE ACT CHANGING THE NAME OF THE MONETARY BENEFIT FROM PENSION TO COMPENSATION DID NOT PER SE HAVE THE EFFECT OF CHANGING THE STATUS OF THE BENEFIT FROM PENSION MONEY, YOU ARE INFORMED THAT THERE APPEARS SUFFICIENT AUTHORITY OF LAW TO HOLD THAT "COMPENSATION" PAYABLE TO WORLD WAR VETERANS UNDER VETERANS' REGULATIONS NO. 1 (A), PART I, AND TITLE III OF THE ACT OF MARCH 28, 1934, 48 STAT. 524, FOR SERVICE CONNECTED DISABILITY, IS "PENSION" WITHIN THE MEANING OF THE 1902 AND 1910 ACTS, SUPRA, AND IS FOR DISPOSITION ACCORDINGLY.

QUESTION NO. 5

WHETHER "LIFE INSURANCE" LEFT BY A VETERAN DYING IN A VETERANS' ADMINISTRATION FACILITY IS FOR DISPOSITION UNDER THE PROVISIONS OF THE ACT OF JUNE 25, 1910, 36 STAT. 736.

INSURANCE GRANTED BY THE UNITED STATES GOVERNMENT ON THE LIFE OF A VETERAN ENTITLED THERETO UNDER THE PROVISIONS OF THE WAR RISK INSURANCE ACT, AS AMENDED, AND THE WORLD WAR VETERANS' ACT, AS AMENDED, IS NOT A GRATUITY FALLING WITHIN THE CLASSIFICATION OF "PENSION.' INSURANCE INSTALLMENTS PAID TO A VETERAN DURING HIS LIFETIME CONSTITUTE PERSONAL PROPERTY OF THE VETERAN AND AS SUCH ARE PROPERLY FOR DISPOSITION UNDER THE PROVISIONS OF THE ACT OF JUNE 25, 1910--- IT BEING IMMATERIAL UNDER SAID ACT THAT MONEYS TO THE CREDIT OF THE INMATE AT THE TIME OF HIS DEATH CAN BE IDENTIFIED AS INSURANCE MONEY--- IT BEING OTHERWISE, HOWEVER, IN THE EVENT THE MONEYS ARE IDENTIFIED AS PENSION, IN WHICH CASE THE BENEFICIARIES OF THE PENSION MONEY ARE TO BE DETERMINED UNDER THE 1902 STATUTE, 19 COMP. DEC. 388.