OPINION ISSUED DECEMBER 20, 1985
HERMAN F. LAWHORN
VS.
DEPARTMENT OF VETERANS AFFAIRS
(CC-85-389)
No appearance by claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.
PER CURIAM:
Claimant was apparently receiving a regular monthly benefit from
the
Veterans' Administration,
the amount apparently being determined by several factors,
including the
number of his
dependents.
Claimant's daughter, one of his dependents, married, and on June
18,
1984, he reported this
fact to respondent's Beckley office. That office filed the report
and
failed to relay the information
to the Veterans' Administration. Claimant, thereafter received
overpayment of benefits in the
amount of $544.00 and was required to make repayment after the
overpayment was discovered. Claimant seeks an award in
reimbursement.
In its Answer, respondent admits the validity and amount of the
claim
and states that it could
not be paid because the fiscal year had ended. Respondent further
states
that sufficient funds
were on hand, at the close of the fiscal year in question, to have
paid
the claim.
The Court finds that the claimant received a benefit sum to which
he
was not entitled and
cannot justify an award to him for his repayment of same. The claim
must
be disallowed.
Claim disallowed.
___________