Westling

Appeal from judgment for defendant in an action on war risk insurance certificate, rendered, on defendant’s motion, because of plaintiff’s alleged failure to prove a “disagreement” with the Veterans’ Bureau, the *465 statutory prerequisite to the court’s jurisdiction.

Although earlier sta tutes 2 made “disagreement” a condition precedent to suit, that term was not defined therein; a statutory definition is first found in the Act of July 3-, 1930, chapter 849, section 4, paragraph 7.

The present action was begun in June, 1933. Appellant had been notified on May 23, 1929, that his claim for rating of permanent and total disability, made in a letter to the Veterans’ Bureau on February 11, 1929, wa« denied by the Central Board of Appeals, then an intermediate appellate agency of the Bureau. In the course of further correspondence, appellant was advised of the time limitations, under Bureau regulations, for appeal from the Central Board’s decision. He took no steps, however, to perfect an appeal within the designated period, which ended in February, 1930. Thus, since neither the “Director” nor “some one acting in his name” has ever denied appellant’s claim “on an appeal to the…