APRIL 23, 1924, 3 COMP. GEN. 794

APRIL 23, 1924, 3 COMP. GEN. 794

VETERANS' BUREAU - BURIAL EXPENSES - TRANSPORTATION OF REMAINS UNDER THE ACT OF MARCH 4, 1923, 42 STAT., 1523, THE GOVERNMENT IS NOT LIABLE FOR THE COST OF TRANSPORTATION OF REMAINS OF A VETERAN OF THE WORLD WAR, WHO WAS NOT IN RECEIPT OF GOVERNMENTAL MEDICAL OR HOSPITAL TREATMENT OR VOCATIONAL TRAINING, FROM THE PLACE OF DEATH TO THE PLACE OF BURIAL, IN ADDITION TO THE SUM OF $100 PAYABLE FOR THE BURIAL EXPENSES OF SUCH VETERANS UPON SUBMISSION OF SATISFACTORY EVIDENCE THAT THE VETERAN LEFT INSUFFICIENT ASSETS TO PAY THEREFOR AND THAT SUCH EXPENSES WERE NOT OTHERWISE PROVIDED FOR. A VETERAN OF THE WORLD WAR WHO IS TAKEN SUDDENLY SICK AND REMOVED TO A PRIVATE OR MUNICIPAL HOSPITAL, WHERE HE IS VISITED BY A PHYSICIAN OF THE VETERANS' BUREAU, BUT DIES BEFORE HE CAN BE REMOVED TO A VETERANS' BUREAU HOSPITAL, MAY NOT BE CONSIDERED AS "RECEIVING GOVERNMENTAL MEDICAL, SURGICAL, OR HOSPITAL TREATMENT" WITHIN THE MEANING OF THE PROVISO IN THE ACT OF MARCH 4, 1923, 42 STAT., 1523, OBLIGATING THE GOVERNMENT TO PAY FOR THE TRANSPORTATION OF THE REMAINS OF SUCH VETERAN TO THE PLACE OF BURIAL IN ADDITION TO THE MAXIMUM AMOUNT OF $100 AUTHORIZED FOR BURIAL EXPENSES. THE TERM "BURIAL EXPENSES" AS USED IN THE ACT OF MARCH 4, 1923, 42 STAT., 1523, AUTHORIZING PAYMENT OF SUCH EXPENSES WITHIN THE MAXIMUM OF $100 TO VETERANS OF ANY WAR WHO DIE WITHOUT LEAVING SUFFICIENT ASSETS AND THE EXPENSES ARE NOT OTHERWISE PROVIDED FOR, MAY INCLUDE ANY REASONABLE EXPENSE INCURRED INCIDENT TO THE PREPARATION OF THE BODY FOR SHIPMENT TO THE PLACE OF BURIAL, TRANSPORTATION OF THE BODY, AND THE ORDINARY OR USUAL ITEMS OF EXPENSE INCIDENT TO INTERMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 23, 1924:

UNITED STATES VETERANS' BUREAU HAS FORWARDED FOR DIRECT SETTLEMENT DISAPPROVED VOUCHER FOR $80.60 IN FAVOR OF D. JOHN MARKEY, REPRESENTING PAYMENT MADE BY HIM TO THE AMERICAN RAILWAY EXPRESS CO. FOR COST OF TRANSPORTATION FROM ST. PAUL, MINN., TO FREDERICK, MD. OF THE REMAINS OF WILLIAM G. CORSEY, A VETERAN OF THE WORLD WAR, WHO DIED MAY 14, 1923.

THE FACTS SHOW THAT THE VETERAN WAS PICKED UP FROM A STREET IN MINNEAPOLIS, MINN., ON ACCOUNT OF A STROKE OF EPILEPSY AND TAKEN TO THE CITY AND COUNTY HOSPITAL ON MAY 14, 1923. THE SAME AFTERNOON AN OFFICER OF THE VETERANS' BUREAU CALLED AT THE HOSPITAL, BUT IT WAS AGREED NOT TO ATTEMPT TO REMOVE THE PATIENT TO A VETERANS' BUREAU HOSPITAL UNTIL THE NEXT MORNING. THE PATIENT DIED BEFORE HE COULD BE REMOVED. THE VETERANS' BUREAU HAS PAID $100 FOR BURIAL EXPENSES AND $5 FOR FLAG TO DRAPE THE CASKET AS FOLLOWS:

VOUCHER IN AMOUNT OF $65 IN FAVOR OF BARRETT AND MUELLER, ST. PAUL, MINN., COVERING CASKET, EMBALMING, AND PREPARATION FOR SHIPMENT.

VOUCHER IN FAVOR OF THOMAS P. RICE, FREDERICK, MD., COVERING HEARSE, WAGON AND SERVICES, FIVE HACKS, AND DIGGING GRAVE, $36.50.

VOUCHER IN FAVOR OF D. JOHN MARKEY IN AMOUNT OF $3.50 PART PAYMENT TOWARDS THE TRANSPORTATION EXPENSES.

IT WILL BE NOTED THAT THIS TOTALS $105, $5 OF WHICH WAS EXPENDED FOR A FLAG.

THE PRESENT CLAIM IS FOR AN ADDITIONAL AMOUNT INCURRED FOR THE TRANSPORTATION OF THE REMAINS FROM THE PLACE OF DEATH TO THE PLACE OF BURIAL.

THE ACT OF MARCH 4, 1923, 42 STAT., 1523, AMENDING SUBSECTION (G) OF SECTION 301 OF THE WAR RISK INSURANCE ACT, IS AS FOLLOWS:

(2) IF DEATH OCCUR OR SHALL HAVE OCCURRED SUBSEQUENT TO APRIL 6, 1917, AND BEFORE DISCHARGE OR RESIGNATION FROM THE SERVICE, THE UNITED STATES SHALL PAY FOR BURIAL EXPENSES AND THE RETURN OF BODY TO HIS HOME A SUM NOT TO EXCEED $100, AS MAY BE FIXED BY REGULATION. WHERE A VETERAN OF ANY WAR DIES AFTER DISCHARGE OR RESIGNATION FROM THE SERVICE AND DOES NOT LEAVE SUFFICIENT ASSETS TO MEET THE EXPENSE OF HIS BURIAL AND THE TRANSPORTATION OF HIS VETERANS' BUREAU SHALL PAY THE FOLLOWING SUMS: FOR A FLAG TO DRAPE THE CASKET, AND AFTER BURIAL TO BE GIVEN TO THE NEXT OF KIND OF THE DECEASED, A SUM NOT EXCEEDING $5; ALSO FOR BURIAL EXPENSES, A SUM NOT EXCEEDING $100, SUBJECT TO TO REGULATIONS, WHERE DEATH OCCURS WHILE SUCH PERSON IS RECEIVING GOVERNMENTAL MEDICAL, SURGICAL OR HOSPITAL TREATMENT OR VOCATIONAL TRAINING, THE UNITED STATES VETERANS' BUREAU SHALL PAY, IN ADDITION TO BURIAL EXPENSES, THE ACTUAL AND NECESSARY COST OF THE TRANSPORTATION OF THE BODY OF SUCH PERSON (INCLUDING PREPARATION OF THE BODY) TO THE PLACE OF BURIAL WITHIN THE CONTINENTAL LIMITS OF THE UNITED STATES.

THE QUESTION FOR DETERMINATION IS WHETHER THE VETERAN COMES WITHIN THE CLASS FOR WHICH THE PROVISO OF THE STATUTE AUTHORIZES TRANSPORTATION OF REMAINS IN ADDITION TO THE MAXIMUM AMOUNT OF $100 FOR BURIAL EXPENSES AND $5 FOR FLAG. REFERENCE IS MADE TO DECISION OF JANUARY 4, 1924, 3 COMP. GEN., 404, 405, WHERE THREE CLASSES WERE STATED AS COMING WITHIN THIS STATUTE, VIZ:

1. PERSONS DYING WHILE IN THE MILITARY OR NAVAL SERVICE.

2. VETERANS OF ANY WAR DYING AFTER DISCHARGE WHO ARE NOT RECEIVING MEDICAL TREATMENT OR VOCATIONAL TRAINING FROM THE BUREAU.

3. VETERANS RECEIVING MEDICAL TREATMENT OR VOCATIONAL TRAINING FROM THE BUREAU.

THE VETERANS' BUREAU PLACED THIS VETERAN IN THE SECOND CLASS, RELATIVE TO WHICH THE CITED DECISION HELD:

GOVERNMENTAL EXPENDITURE IN THE SECOND CLASS IS DEFINITELY LIMITED AND PAYMENT IS AUTHORIZED ONLY WHERE THERE ARE NOT SUFFICIENT ASSETS IN THE ESTATE OF THE DECEDENT OR THE EXPENSES ARE NOT OTHERWISE PROVIDED FOR.

IN THIS CLASS AMOUNT INCURRED FOR TRANSPORTATION OF REMAINS, EXCEPT AS INCLUDED IN THE $100 PAYABLE FOR BURIAL EXPENSES, IS NOT AUTHORIZED AT GOVERNMENT EXPENSE. IT IS ONLY IN THE THIRD CLASS THAT THE COST OF TRANSPORTATION OF REMAINS, OVER AND ABOVE THE AMOUNT OF $100, MAY BE PAID FROM GOVERNMENT FUNDS UNDER THE PROVISO IN THE STATUTE, THAT IS, WHERE DEATH OCCURS WHERE SUCH PERSON IS RECEIVING GOVERNMENTAL MEDICAL, SURGICAL, OR HOSPITAL TREATMENT, OR VOCATIONAL TRAINING. THE DECEDENT IN THIS CASE WAS NOT AT THE TIME OF HIS DEATH RECEIVING DISABILITY COMPENSATION OR VOCATIONAL TRAINING. HE HAD PREVIOUSLY RECEIVED DISABILITY COMPENSATION, BUT THE SAME HAD BEEN DISCONTINUED BECAUSE THE DISABILITY WAS NOT OF SERVICE ORIGIN. IT IS SUGGESTED THAT THE VISIT OF THE OFFICER OF THE VETERANS' BUREAU AND THE AGREEMENT TO REMOVE THE PATIENT TO A VETERANS' BUREAU HOSPITAL THE NEXT MORNING BROUGHT THE PATIENT WITHIN THE CONTROL OF THE VETERANS' BUREAU. THE STATUTE SPECIFIED THOSE RECEIVING GOVERNMENTAL TREATMENT. SEE DECISION OF JUNE 11, 1923, 2 COMP. GEN., 791, 794, DEFINING WHAT IS MEANT BY GOVERNMENTAL TREATMENT. REGARDING EMERGENCY TREATMENT THAT DECISION STATED:

* * * IT COVERS PERSONS WHO DIE WHILE RECEIVING TREATMENT AT UNAUTHORIZED PLACES, EITHER IN EMERGENCY OR IN IGNORANCE OF THEIR RIGHTS, ONLY IN CASE SUCH PERSONS ARE WITHOUT MEANS AND THE BURIAL EXPENSES ARE NOT OTHERWISE PROVIDED FOR, AND THE BUREAU IS CALLED UPON TO BEAR THE SAME. GENERALLY SPEAKING THE BUREAU IS NOT RESPONSIBLE FOR BURIAL OF UNAUTHORIZED PATIENTS.

THIS WAS INTENDED TO INCLUDE ONLY THOSE PERSONS LATER DETERMINED TO BE BENEFICIARIES OF THE BUREAU BECAUSE OF SERVICE ORIGIN OF THEIR DISABILITY ALTHOUGH THEY HAD NOT BEEN AWARDED COMPENSATION. SEE 26 COMP. DEC., 485; ID., 699; 27 ID., 774; 3 COMP. GEN., 286; ID., 365. THIS VETERAN'S DISABILITY WAS NOT DETERMINED TO HAVE BEEN OF SERVICE ORIGIN. IT MAY NOT BE HELD THAT HE DIED WHILE RECEIVING GOVERNMENTAL TREATMENT. THE VISIT OF THE VETERANS' BUREAU OFFICER AT THE HOSPITAL AND THE DISCUSSION RELATIVE TO HIS REMOVAL TO THE VETERANS' BUREAU HOSPITAL DID NOT BRING THE VETERAN UNDER THE CONTROL OF THE BUREAU.

IT IS ALSO FOR DETERMINATION WHETHER THE ITEMS PAID BY THE VETERANS' BUREAU MAY BE CONSIDERED AS PROPERLY WITHIN THE TERM "BURIAL EXPENSES" AND PAYABLE WITHIN THE MAXIMUM OF $100 ALLOWED BY THE STATUTE IN THE SECOND CLASS OF VETERANS WHO LEAVE INSUFFICIENT ASSETS AND THE BURIAL EXPENSES ARE NOT OTHERWISE PROVIDED FOR. THE ANSWER IS IN THE AFFIRMATIVE. ANY REASONABLE EXPENSE INCURRED AS A NECESSARY INCIDENT TO THE PREPARATION OF THE BODY FOR SHIPMENT TO THE PLACE OF BURIAL, TRANSPORTATION OF THE BODY, AND THE ORDINARY OR USUAL ITEMS OF EXPENSE INCIDENT TO INTERMENT, MAY PROPERLY BE CLASSED AS "BURIAL EXPENSES" WITHIN THE MAXIMUM OF $100 ALLOWED BY THE STATUTE AND PAYABLE BY THE BUREAU PROVIDED SATISFACTORY EVIDENCE AS TO THE INSUFFICIENCY OF THE ASSETS AND THE ABSENCE OF OTHER PROVISION FOR THE BURIAL EXPENSES IS SUBMITTED IN ACCORDANCE WITH THE REGULATIONS OF THE BUREAU. SEE 2 COMP. GEN., 327; 3 ID., 377; 25 MS. COMP. GEN., 444, SEPTEMBER 14, 1923; 26 ID., 739, OCTOBER 17, 1923; 27 ID., 19, NOVEMBER 1, 1923; 3 COMP. GEN., 763, APRIL 15, 1924.

THE CLAIM FOR $80.60 ON ACCOUNT OF BALANCE EXPENDED FOR TRANSPORTATION IN EXCESS OF THE AUTHORIZED ALLOWANCE IS DISALLOWED IN HITS ENTIRETY.