Germana E. Prado Del Castillo v. United States

Appellant filed a claim with the Veterans’ Administration on June 11, 1948 claiming to be the beneficiary of gratuitous life insurance deemed to have been issued pursuant to the National Service Life Insurance Act of 1940 to a serviceman killed in action in the Philippines on April 3, 1942. Appellant’s claim is based upon her contention that she was the last person to stand in loco parentis to the deceased serviceman. She was first notified that her claim had been denied on July 31, 1956. The reason given was that she did not fall within the restricted class of beneficiaries of National Service Life Insurance. Appellant appealed to the Administrator of Veterans’ Affairs on June 18, 1957, which appeal was dismissed without consideration on January 8, 1958. On February 24, 1958 appellant filed suit in the district court. That court dismissed the action on the grounds that it was without jurisdiction because the six year period of limitations on actions on National Service Life Insurance claims had expired before the commencement of the action, the time having expired before the claim was filed with the Veterans’ Administration.

The provision of the National Service Life Insurance…