Mary Ellen Redfield v. W. J. Driver, Administrator, Veterans Administration

Appellant, in propria persona, appeals from the dismissal by the district court of a petition to review a decision of the Board of Veterans’ Appeals.

The original complaint on file bases jurisdiction on 38 U.S.C. §§ 211 , 4005. The amended complaint bases jurisdiction on 38 U.S.C. §§ 410 (a) and 101(14) (B).

38 U.S.C. § 211 (a) reads, in pertinent part:

38 U.S.C. § 4005 relates to appeals before the Board of Veterans’ Appeals; not to appeals from that Board.

38 U.S.C. § 410 (a) reads as follows:

38 U.S.C. § 101 (14) (B) reads, in pertinent part:

Appellant’s husband, a veteran, disappeared sometime in July 1953. From October 1, 1953 monthly payments were made to appellant as the wife of a veteran whose whereabouts were unknown. Payments were discontinued in October 1960. In 1961, the Superior Court of the State of California administered the veteran’s estate (appellant was executrix) and in proceedings to establish the veteran’s death, the State of California decreed it occurred on July 31, 1960. Appellant thus was enabled to, and did, collect on the veteran’s National Life Insurance Policy.

Appellant sought to have the Administrator continue gratuitous veteran’s widow…