B-125206, MAY 25, 1956

B-125206, MAY 25, 1956

TO HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:

WE HAVE CONSIDERED YOUR LETTER OF MAY 11, 1956, REFERRING TO OUR DECISION OF APRIL 26, 1956, B-125206, IN WHICH WE HELD THAT THE OKLAHOMA STATE WAR VETERANS FACILITY AT NORMAN, OKLAHOMA, PROPERLY MAY BE RECOGNIZED AS A "HOME" WITHIN THE MEANING OF THE ACT OF AUGUST 27, 1888, AS AMENDED, 24 U.S.C.134. YOU NOW REQUEST A DECISION AS TO THE DATE WHEN SUCH PAYMENTS BECOME EFFECTIVE.

THE RECORD SHOWS THAT THE NORMAN FACILITY WAS ESTABLISHED BY AN ACT OF THE OKLAHOMA LEGISLATURE APPROVED MAY 6, 1955; THAT ON MAY 10, 1955, AN APPLICATION WAS MADE TO YOUR ADMINISTRATION FOR RECOGNITION AS TO ITS ELIGIBILITY FOR FEDERAL AID PAYMENTS; AND, THAT ON OCTOBER 24, 1955, YOU ADVISED THE EXECUTIVE SECRETARY OF THE WAR VETERANS COMMISSION OF OKLAHOMA THAT THE APPLICATION FOR PAYMENTS OF FEDERAL AID FOR VETERANS IN THE NORMAN FACILITY MUST BE DENIED. AS YOU KNOW, THE FACILITY WAS SUBSEQUENTLY SURVEYED AND OUR DECISION OF APRIL 26, 1956, WAS BASED UPON THE FACTS BROUGHT OUT IN THE SURVEY. INFORMATION FURNISHED BY YOUR LETTER OF MAY 21, 1956, IS TO THE EFFECT THAT, AT OR ABOUT THE DATE OKLAHOMA APPLIED FOR RECOGNITION OF THE NORMAN FACILITY, THERE WERE RECEIVED IN THE VETERANS ADMINISTRATION APPLICATIONS FOR DETERMINATIONS (VA FORMS 10-P-10) OF ELIGIBILITY OF THE VETERANS (FOR WHOSE CARE THE FEDERAL AID PAYMENTS THEN WERE SOUGHT BY THE STATE) FOR DOMICILIARY OR HOSPITAL CARE IN A VETERANS ADMINISTRATION FACILITY. ALSO, IT IS REPORTED THAT, THEREAFTER, SUCH FORMS WERE RECEIVED BY YOUR ADMINISTRATION FROM TIME TO TIME AS NEW ADMISSIONS WERE MADE TO THE FACILITY.

THE BASIC STATUTE AUTHORIZES FEDERAL AID PAYMENTS TO STATES OR TERRITORIES WHICH HAVE ESTABLISHED OR SHALL ESTABLISH "HOMES" FOR DISABLED SOLDIERS AND SAILORS WHO SERVED IN THE CIVIL WAR OR PREVIOUS OR SUBSEQUENT WARS AND BY REASON OF DISABILITIES FROM AGE, DISEASE OR OTHERWISE ARE INCAPABLE OF EARNING A LIVING, THE AMOUNT OF THE AID BEING BASED UPON THE NUMBER OF VETERANS ADMITTED AND CARED FOR THEREIN. WHILE A DETERMINATION NECESSARILY MUST BE REACHED AS TO WHETHER A FACILITY ESTABLISHED BY A STATE IS A "HOME" ELIGIBLE TO RECEIVE FEDERAL AID PAYMENTS, THE TIME WHEN SUCH DETERMINATION IS REACHED IS NOT MADE SIGNIFICANT BY THE STATUTE. MANIFESTLY, A STATE SHOULD NOT BE DEPRIVED OF PAYMENTS OTHERWISE DUE BECAUSE OF ADMINISTRATIVE DELAYS INCIDENT TO THE DIFFICULTIES WHICH MAY BE INVOLVED IN MAKING THE REQUIRED DETERMINATION. THE TEST LAID DOWN BY THE STATUTE AS TO ELIGIBILITY FOR THE PAYMENTS IS WHETHER THE HOME IS ESTABLISHED, NOT WHEN THE DETERMINATION IS REACHED THAT IT HAS BEEN SO ESTABLISHED. ACCORDINGLY, UNLESS THE CHARACTER OF THE INSTITUTION CHANGES IN THE INTERIM BETWEEN THE TIME OF ITS ESTABLISHMENT AND THE TIME A DETERMINATION IS REACHED THAT IT QUALIFIES AS A HOME, THE DETERMINATION OF ITS ELIGIBILITY RELATES BACK TO THE TIME OF ESTABLISHMENT.

AS TO THE DATE WHEN PAYMENTS SHOULD BE MADE EFFECTIVE CONSIDERATION MUST ALSO BE GIVEN TO SECTION 2 OF THE ACT OF AUGUST 21, 1954, 68 STAT. 758, WHICH PROVIDES AS FOLLOWS:

"THAT NO SUCH PAYMENT * * * SHALL BE MADE UNTIL THE ADMINISTRATOR OF VETERANS' AFFAIRS DETERMINES THAT THE VETERAN, ON WHOSE ACCOUNT SUCH PAYMENT IS REQUESTED, IS ELIGIBLE FOR SUCH CARE IN A VETERANS' ADMINISTRATION FACILITY, AND AFTER SUCH DETERMINATION OF ELIGIBILITY SUCH PAYMENT SHALL BE MADE COVERING THE PERIOD OF ELIGIBILITY FROM THE DATE SUCH CARE COMMENCED, EXCEPT THAT NO PAYMENT SHALL BE MADE EFFECTIVE PRIOR TO THE DATE OF RECEIPT BY THE VETERANS ADMINISTRATION OF AN APPROPRIATE REQUEST FOR DETERMINATION OF ELIGIBILITY IN THE CASE OF ANY ELIGIBLE VETERAN WITH RESPECT TO WHOM SUCH REQUEST IS NOT RECEIVED WITHIN TEN DAYS FOLLOWING THE DATE SUCH CARE COMMENCED.'

THE QUOTED PROVISION PRECLUDES PAYMENTS AS TO VETERANS WHO YOUR ADMINISTRATION DETERMINES WOULD BE INELIGIBLE FOR EITHER DOMICILIARY OR HOSPITAL CARE IN A VETERANS ADMINISTRATION FACILITY, AND PAYMENTS FOR PERIODS DURING WHICH A VETERAN WOULD NOT BE ELIGIBLE FOR SUCH CARE. AS TO THOSE VETERANS WHO, YOU DETERMINE, WOULD BE ELIGIBLE FOR SUCH CARE, AN APPLICATION OF THE STATUTORY PROVISION AND THE PRINCIPLE DISCUSSED ABOVE WOULD SEEM TO FULLY RESOLVE THE QUESTION AS TO THE EFFECTIVE DATE OF PAYMENTS AS TO THE NORMAN FACILITY, WHERE NO SIGNIFICANT CHANGE IN THE CHARACTER OF THE INSTITUTION HAS OCCURRED BETWEEN THE DATE IT WAS ESTABLISHED, MAY 6, 1955, AND THE DATE APRIL 26, 1956, ON WHICH WE HELD IT QUALIFIED AS A HOME UNDER THE 1888 STATUTE AS AMENDED. IN BRIEF, FEDERAL AID PAYMENTS AS TO ANY VETERAN WHO IS NOW CARED FOR IN THE NORMAN HOME OR WHO MAY HAVE BEEN CARED FOR THEREIN ALTHOUGH NOT PRESENTLY ON THE ROLLS, ARE EFFECTIVE ON THE DATE THE FORMS 10-P-10 AS TO SUCH VETERAN WAS RECEIVED IN YOUR ADMINISTRATION EXCEPT THAT WHERE THE FORM WAS RECEIVED WITHIN 10 DAYS AFTER THE HOME WAS ESTABLISHED ON MAY 6, 1955, OR WITHIN 10 DAYS OF THE TIME CARE OF THE VETERAN THEREIN COMMENCED, THE EFFECTIVE DATE WOULD BE THE TIME SUCH CARE COMMENCED BUT NOT IN ANY CASE PRIOR TO MAY 6, 1955.

WE TRUST THAT THIS DECISION WILL ENABLE PROMPT PAYMENT OF THE AMOUNTS DUE IN CONNECTION WITH ..END :