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![handle is hein.gao/gaobacwrm0001 and id is 1 raw text is:
B-257131
May 30, 1995
Mr. W. H. Salter
Department of Veterans Affairs
Regional Office
110 9th Avenue South
Nashville, Tennessee 37203
Re: Donald B. Williams v. Department of Veterans Affairs, Civil No. 3:93-0363
(M.D. Tn. 1993)
Dear Mr. Salter:
This responds to your request for reconsideration of the decision of our General
Government Division to treat as a refund from Department of Veterans Affairs' (VA)
appropriations the $706 paid to Mr. Donald B. Williams in the referenced case. For
reasons set forth below, we conclude that the $706 was properly treated as a refund.
Mr. Williams shared a joint bank account with his mother during 1992. His mother's
monthly VA benefit of $706 was deposited directly into that account on October 30, 1992.
His mother died the next day, October 31, 1992. Under VA regulation, the effective date
of discontinuance of the benefit award to Mr. Williams' mother upon her death was
September 30, 1992, the last day of the month preceding the month of payee's death. 38
C.F.R. § 3.500 G(1). The VA, therefore, was entitled to the return of the $706.
The VA, without notice to Mr. Williams that it would recoup the $706, had Treasury
recover the $706 from Mr. Williams' account. Mr. Williams, arguing that the VA had
failed to provide him with due process, filed a tort claim against the VA in federal district
court in Tennessee for wrongful taking of the $706. Upon the urging of the judge, the
parties entered into a Stipulation of Dismissal on September 2, 1993, under which Mr.
Williams agreed to accept $706 from the VA as a full and complete settlement of his
claim against the [VA], and to the dismissal of the action. The Adverse Judgment Data
Sheet submitted by the Assistant United States Attorney characterized the claim as Tort
claim--for wrongfully depriving him of his property and the VA concedes liability and
refunds the money: On December 22, 1993, our General Government Division advised
the Assistant United States Attorney representing VA in this matter that because the
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