Gibson

United States v. Gibson

Good Law
207 F.2d 161
United States Court of Appeals for the Ninth CircuitJanuary 15, 195417-16399California2,173 words

Opinion

Opinion

Pope, J.

At some time prior to 1947 the Veterans Administration made an award of disability compensation to Virgil Thomas Gibson. The amount allowed was increased from time to time until in June, 1947, he was receiving $41.40 per month, an amount stated and determined to be due him for “service-connected disability”. The veteran had also claimed pension benefits arising out of “non-service-connected disabilities”. On May 26, 1947, the Veterans Administration sent him a letter respecting his claim which stated in part: “Your claim was recently reviewed. The report of physical examination was carefully considered, together with all other evidence in your file. The decision, based on this evidence, is that there should be no change in the previous rating in regard to your service incurred disabilities. Rating action in regard to your application for pension for disabilities not incurred in service is being deferred pending receipt of the enclosed employment affidavit. You should execute and return this affidavit as soon as possible.”

Under date of Octobér 21, 1947, Gibson received, upon the Veterans' Administration’s printed form headed: “Award of Disability Pension (Not Service Connected)”,…

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