U.S. Code » Title 38 » Part PART I— GENERAL PROVISIONS › Chapter CHAPTER 3— DEPARTMENT OF VETERANS AFFAIRS

38 U.S.C. § 11

SAVINGS PROVISIONS.

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“(a)Continuing Effect of Legal Documents.—All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges—“(1) which have been issued, made, granted, or allowed to become effective by the President, by the Administrator of Veterans’ Affairs, or by a court of competent jurisdiction, in the performance of functions of the Administrator or the Veterans’ Administration; and“(2) which are in effect on the effective date of this Act [Mar. 15, 1989];shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, by a court of competent jurisdiction, or by operation of law.“(b)Proceedings Not Affected.—The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before the Veterans’ Administration at the time this Act takes effect, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.“(c)Suits Not Affected.—The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.“(d)Nonabatement of Actions.—No suit, action, or other proceeding commenced by or against the Veterans’ Administration, or by or against any individual in the official capacity of such individual as an officer of the Veterans’ Administration, shall abate by reason of the enactment of this Act.“(e)Property and Resources.—The contracts, liabilities, records, property, and other assets and interests of the Veterans’ Administration shall, after the effective date of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Veterans Affairs.“(f)Compensation for Continued Service.—Any person—“(1) who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e);“(2) who continues to serve as Chief Medical Director [now Under Secretary for Health] or Chief Benefits Director [now Under Secretary for Benefits] of such department under section 3(f) or (g), respectively;“(3) who acts as the Director of the National Cemetery System [now Under Secretary of Veterans Affairs for Memorial Affairs] under section 3(h); or“(4) who acts as General Counsel of the Department of Veterans Affairs under section 8(b);after the effective date of this Act and before the first appointment of a person to such position after such date shall continue to be compensated for so serving or acting at the rate at which such person was compensated before the effective date of this Act.
Notes of Decisions
Cited in 10 cases, 1932–1963 · leading case: Fahey v. United States, 153 F. Supp. 878 (S.D.N.Y. 1957).
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Fahey v. United States, 153 F. Supp. 878 (S.D.N.Y. 1957). ““Establishment of Veterans’ Administration; transfer of duties, powers, and functions of hospitals, bureaus, agencies, and offices relating to veterans “(a) The President is authorized by Executive order, to consolidate and coordinate any hospitals and executive and…”
Mitchell v. United States, 111 F. Supp. 104 (D.N.J. 1952). “This action must be dismissed against the Veterans’ Administration because Congress has not constituted this agency a body corporate or authorized it to be sued as such; The statutory provisions establishing the agency, 38 U.”
Brown v. United States, 150 Ct. Cl. 836 (Ct. Cl. 1960). “However, Congress has vested the sole determination concerning the eligibility for veterans’ benefits or payments in the Administrator of Veterans’ Affairs, whose decisions “on any question of law or fact concerning any claim for benefits or payments under any act administered…”
Barefield v. Byrd, 320 F.2d 455 (5th Cir. 1963). “United States, supra, and the categorical declaration that, except for certain specified matters for which a judicial remedy is created, the Administrator’s decision on all questions of law or fact concerning a claim for benefits or payments under any act administered by the…”
Lopez v. United States, 82 F.2d 982 (4th Cir. 1936). “863, § 1, 38 U.S.C.A. § 11 . This order, which is declared to be effective November 1, 1931, provides as follows: “Decisions heretofore rendered by the Insurance Claims’ Council denying claims for permanent and total disability benefits for insurance, which have not been…”
Ball v. United States, 101 F.2d 272 (6th Cir. 1939). “It is true that the general statute, Title 38 U.S.C.A. § 11 et seq., gives to the Administrator of Veterans’ Affairs a continuing jurisdiction for the administrative consideration of claims under war risk insurance contracts.”
Harp v. United States, 2 F. Supp. 32 (W.D. Ark. 1932). “1016 [38 USCA § 11 et seq.]), entitled “An Aet To authorize the President to consolidate and coordinate governmental activities affecting war veterans,” there was created an establishment to be known as the Veterans’ Administration.”
United States v. Stein, 163 F. Supp. 916 (D. Me. 1958). “1016 , 38 U.S.C.A. § 11 et seq. The cost of Paine’s maintenance during the periods of his residency in the total amount of $2,512.”
Betterly v. United States, 9 F.R.D. 521 (M.D. Penn. 1949). “31, 1936, 38 U.S.C.A. § 11 (g), the admission of which was objected to by counsel for the plaintiff and was received in evidence over that objection.”
Sullivan v. United States, 26 F. Supp. 876 (E.D. Ky. 1937). “* * * [While] the statute, Title 38 U.S.C.A. § 11 et seq., gives to the Administrator of Veterans’ Affairs a continuing jurisdiction for the administrative consideration of claims under war risk insurance ■contracts, * * * the two clauses of the section must be considered in…”
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