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B-142147, DEC. 18, 1962

B-142147 Dec 18, 1962
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TUMBIOLO: THIS REFERS TO YOUR LETTER WHICH WAS RECEIVED RECENTLY IN OUR OFFICE IN ANSWER TO OUR LETTER OF NOVEMBER 8. THE BOARD OF VETERANS APPEALS HAVE EACH REFUSED WAIVER OF THE AMOUNT OWED BECAUSE OF THE FACT THAT YOU WERE NOT FREE FROM FAULT IN CAUSING THE INDEBTEDNESS. THE LAW CODIFIED AT 38 U.S.C. 211 (A) PROVIDES IN PERTINENT PART AS FOLLOWS: "* * * THE DECISIONS OF THE ADMINISTRATOR ON ANY QUESTION OF LAW OR FACT CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY LAW 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 DECISION.'. WE MUST ADVISE THAT THERE IS NO FURTHER APPEAL AVAILABLE TO YOU IN THE MATTER.

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B-142147, DEC. 18, 1962

TO MR. GASPARE J. TUMBIOLO:

THIS REFERS TO YOUR LETTER WHICH WAS RECEIVED RECENTLY IN OUR OFFICE IN ANSWER TO OUR LETTER OF NOVEMBER 8, 1962, IN WHICH WE ASKED THAT YOU RECONSIDER YOUR PLAN OF PAYMENT OF AN AMOUNT FOUND OWED BY YOU TO THE UNITED STATES.

IN YOUR LETTER YOU ASKED TO BE ADVISED OF ANY UNIT OF THE GOVERNMENT WHICH MIGHT CONSIDER ANOTHER APPEAL FROM YOU IN THE MATTER OF YOUR DEBT. THIS DEBT AROSE BECAUSE OF YOUR FAILURE TO NOTIFY THE VETERANS ADMINISTRATION THAT YOUR INCOME HAD REACHED THAT POINT WHERE THE LAWS CODIFIED AT 38 U.S.C. 522 (A) PROHIBIT CONTINUED RECEIPT OF NONSERVICE CONNECTED BENEFITS.

A FIELD COMMITTEE ON WAIVERS, THE CENTRAL COMMITTEE ON WAIVERS, AND THE BOARD OF VETERANS APPEALS HAVE EACH REFUSED WAIVER OF THE AMOUNT OWED BECAUSE OF THE FACT THAT YOU WERE NOT FREE FROM FAULT IN CAUSING THE INDEBTEDNESS.

THE LAW CODIFIED AT 38 U.S.C. 211 (A) PROVIDES IN PERTINENT PART AS FOLLOWS:

"* * * THE DECISIONS OF THE ADMINISTRATOR ON ANY QUESTION OF LAW OR FACT CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY LAW 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 DECISION.'

ACCORDINGLY, WE MUST ADVISE THAT THERE IS NO FURTHER APPEAL AVAILABLE TO YOU IN THE MATTER.

REGARDING OUR LETTER OF NOVEMBER 8, 1962, IT IS NOT OUR DESIRE TO OVERBURDEN YOU IN THE REPAYMENT OF YOUR DEBT. HOWEVER, SHOULD YOUR FINANCIAL POSITION IMPROVE, WE DO EXPECT YOU TO TAKE ACTION TO RETIRE YOUR DEBT IN A MORE EXPEDITIOUS MANNER.

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