United States v. Elma Agnes Gibson, Administratrix of the Estate of Virgil Thomas Gibson, Deceased

Following our former decision in this case, 9 Cir., 207 F.2d 161 , appellant filed a petition for rehearing in which our attention was called for the first time to part IV of Veterans’ Regulation No. 1 (a), 38 U.S.C.A. following section 745. Paragraph II of which provides: “ * * * [I]n those cases in which the veteran, by virtue of the above provision, is found to be entitled to a pension under part III of Veterans’ Regulation No. 1 (a), and is entitled to a pension under part I or part II of Veterans’ Regulation No. 1(a), the Administrator of Veterans’ Affairs is authorized and directed to pay to the veteran the greater benefit.” In our opinion we noted that although Paragraph XIII of Regulation No. 10 provided that not more than one award of pension or compensation should be made concurrently to any person based on his own service yet there was nothing to prove that the total amount paid to the veteran was not the result of one award even though by mistake the amounts paid were transmitted monthly in .two checks instead of one.

The Regulation quoted above, which was thus presented in the petition for rehearing, indicates that although a veteran could have a service connected…