B-131306, APR. 16, 1957

B-131306, APR. 16, 1957

TO MR. RAY H. MEIER:

YOUR LETTERS OF MARCH 19 AND MARCH 29, 1957, REFER TO OUR LETTER OF MARCH 13, 1957, TO YOU, CONCERNING YOUR CLAIM FOR MONEY DAMAGES FOR PERSONAL INJURIES.

APPARENTLY YOU FEEL THAT YOUR CLAIM HAS NOT BEEN GIVEN PROPER CONSIDERATION IN THE GENERAL ACCOUNTING OFFICE BECAUSE OF THE PROVISIONS OF 31 U.S.C. 71, WHICH PROVIDE:

"ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'

ON THE BASIS OF THE INFORMATION FURNISHED BY YOU, INCLUDING THE PHOTOSTATIC COPY OF THE LETTER DATED AUGUST 24, 1953, ADDRESSED TO YOU BY THE VETERANS ADMINISTRATION, AND YOUR LETTER OF FEBRUARY 18, 1957 TO OUR OFFICE, IT APPEARS THAT THE ALLEGED WRONGFUL ACTS UPON WHICH YOUR CLAIM IS BASED AROSE IN CONNECTION WITH THE HANDLING OF YOUR VETERANS CLAIM NO. C 10 715 458 BY THE VETERANS ADMINISTRATION. IN THAT CONNECTION WE WISH TO DIRECT YOUR ATTENTION TO SECTION 11 OF THE ACT OF OCTOBER 17, 1940, 54 STAT. 1197, 38 U.S.C. 11 A-2, WHICH PROVIDES THAT:

"NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, EXCEPT AS PROVIDED IN SECTION 19 OF THE WORLD WAR VETERANS ACT, 1924, AS AMENDED, AND IN SECTION 817 OF THE NATIONAL SERVICE LIFE INSURANCE ACT OF 1940, THE DECISIONS OF THE ADMINISTRATOR OF VETERANS AFFAIRS ON ANY QUESTION OF LAW OR FACT CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER THIS OR ANY OTHER ACT ADMINISTERED BY THE VETERANS ADMINISTRATION SHALL BE FINAL AND CONCLUSIVE AND NO OTHER OFFICIAL OR ANY COURT OF THE UNITED STATES SHALL HAVE POWER OR JURISDICTION TO REVIEW ANY SUCH DECISIONS.'

YOU ARE THEREFORE ADVISED THAT, ALTHOUGH GENERALLY THE PROVISIONS OF 31 U.S.C. 71 CONFER JURISDICTION UPON THE GENERAL ACCOUNTING OFFICE TO SETTLE AND ADJUST CLAIMS BY AND AGAINST THE UNITED STATES, SECTION II OF THE ABOVE QUOTED ACT PRECLUDES THE GENERAL ACCOUNTING OFFICE FROM ASSUMING JURISDICTION OVER YOUR CLAIM.

FURTHERMORE, IN CONNECTION WITH YOUR CONTENTION THAT WRONGFUL ACTS COMMITTED BY GOVERNMENT EMPLOYEES RESULTED BOTH IN MONEY DAMAGES AND PERSONAL INJURY TO YOU, WE WISH TO INFORM YOU THAT, ASIDE FROM THE FACT THERE IS NOTHING CONTAINED IN YOUR LETTERS WHICH TENDS TO SHOW ANY NEGLIGENCE ON THE PART OF ANY OFFICER OR EMPLOYEE OF THE UNITED STATES, IT IS WELL SETTLED THAT IN THE ABSENCE OF A SPECIFIC STATUTE PROVIDING OTHERWISE, THE GOVERNMENT IS NOT LIABLE FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENT ACTS OF ITS OFFICERS OR EMPLOYEES. SEE: GERMAN BANK V. UNITED STATES 148 U.S. 573.

IN VIEW OF THE FOREGOING IT IS FELT THAT YOU FAIL TO STATE A CLAIM COGNIZABLE BY THIS OFFICE.