DEPOSITED BY THE Page Administrator's Decisions, Veterans' Administration, Numbered 716–955, 1 DECISIONS OF THE ADMINISTRATOR OF VETERANS' AFFAIRS, VETER ANS' ADMINISTRATION, NUMBERED 716-955, COVERING THE PERIOD JULY 1, 1946, TO JUNE 30, 1955. ADMINISTRATOR'S DECISION, VETERANS' ADMINISTRATION, NO. 716 JULY 8, 1946. Subject: Interpretation of the word "injury”, section 31, Public Law 141, Seventy-third Congress, to include disease contracted while undergoing treatment in Veterans' Administration facility. QUESTIONS PRESENTED: (a) Is a contagious disease contracted by a veteran while hospitalized in a Veterans' Administration hospital an injury within the meaning of section 31, Public Law 141, Seventythird Congress? (b) Where unauthorized hospitalization is obtained for treatment of a contagious disease so contracted, may payment for such hospitalization be authorized? FACTS: The veteran was discharged from the Veterans' Administration hospital after prostatectomy and 2 days later developed diphtheria to which he had been exposed while at the Veterans' Administration hospital. He was taken from his home to a non-Veterans' Administration hospital for treatment of this disease. COMMENT: Section 31 of Public Law 141, Seventy-third Congress, provides: Where any veteran suffers or has suffered an injury, or an aggravation of any existing injury, as the result of training, hospitalization, or medical or surgical treatment, awarded him under any of the laws granting monetary or other benefits to World War veterans, or as the result of having submitted to examination under authority of the War Risk Insurance Act or the World War Veterans' Act, 1924, as amended, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the benefits of Public Law Numbered 2, of Public Law Numbered 78, and of this title shall be awarded in the same manner as if such disability, aggravation, or death were service connected within the meaning of such laws; except that no benefits under this section shall be awarded unless application be made therefor within 2 years after such injury or aggravation was suffered, or such death occurred, or after the passage of this act, whichever is the later date. The 1 |