U.S. Code
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Title 38
» Part PART I— GENERAL PROVISIONS › Chapter CHAPTER 5— AUTHORITY AND DUTIES OF THE SECRETARY › Subchapter SUBCHAPTER I— GENERAL AUTHORITIES
38 U.S.C. § 515
Administrative settlement of tort claims
(a)(1) Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States.(2) For purposes of this subsection, the term “settle”, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance.(b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues.(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 389.)Editorial NotesPrior ProvisionsProvisions similar to those in this section were contained in sections 224 and 236 of this title prior to repeal by Pub. L. 102–83, § 2(a).
Statutory Notes and Related SubsidiariesDepartment of Veterans Affairs Requirement To Provide Certain Notice to Persons Filing Claims for Damage, Injury, or Death on Standard Form 95Pub. L. 116–315, title VII, § 7010, Jan. 5, 2021, 134 Stat. 5061, provided that: “Not later than 90 days after the date on which a person submits to the Secretary of Veterans Affairs a claim for damage, injury, or death on Standard Form 95, or any successor form, the Secretary shall provide to such person notice of each of the following:“(1) The benefit of obtaining legal advice concerning such claim.“(2) The employment status of any individual listed on the form.“(3) If the claim involves a contractor that entered into an agreement with the Secretary, the importance of obtaining legal advice as to the statute of limitations regarding the claim in the State in which the claim arose.”
Notes of Decisions
United States ex rel. Lyons v. Hines, 103 F.2d 737 (D.C. Cir. 1939).
· cites it 2× “304 of the Act, 38 U.S.C.A. § 515 , after a medical examination to which the veteran objected, but the Administrator of Veterans’ Affairs refused to reinstate the total disability provision, stating that the veteran was not then in good health, and that the total disability…”
United States v. Golden, 34 F.2d 367 (10th Cir. 1929).
“” 38 USCA § 515. Moreover, in that case, the applicant made an affirmative false statement as to his condition.”
Jones v. United States, 106 F.2d 888 (5th Cir. 1939).
“The deceit was not rendered harmless by the provisions of law found in 38 U.S.C.A. § 515 , permitting a reinstatement when the applicant is not in good health if his “disability is the result of an injury or disease, or of an aggravation thereof, suffered in the active military…”
United States v. Sellers, 75 F.2d 623 (5th Cir. 1935).
“only as they consent to be; that consent to be sued concerning benefits to veterans is found only in section 19 of the World War Veterans’ Act (as amended July 3, 1930, 38 USCA § 445), in the words, “In the event of disagreement as to claim, including claim for refund of…”
Moskowitz v. United States, 145 F.2d 196 (5th Cir. 1944).
· cites it 2× “The insurance lapsed and was reinstated under Section 304 of the World War Veterans’ Act, as amended, 38 U.S.C.A. § 515 , and the unpaid premiums were charged as an interest bearing indebtedness against the insurance.”
Beehler v. United States, 40 F.2d 313 (6th Cir. 1930).
· cites it 2× “625 , 1310), (38 USCA § 515), appellant had a right to reinstate the policy, provided he could bring himself within its provisions.”
United States v. Moskowitz, 170 F.2d 870 (5th Cir. 1948).
· cites it 2× “In January 1928, this application was accepted subject to provisions of the World War Veterans’ Act, as amended, § 304, 38 U.S.C.A. § 515 ; and, when the conditions were complied with, the insured received the policy (a thirty-year monthly payment converted United States…”
United States v. Kaminsky, 64 F.2d 735 (5th Cir. 1933).
“” 38 USCA § 515. The quoted requirement is additional evidence that the lawmakers, in providing for insurance against total permanent disability, had in mind only such disability as might occur after the insured entered the service, and not a total permanent disability which…”
Stevens v. United States, 29 F.2d 904 (8th Cir. 1928).
“” This section has since become section 304 of the World War Veterans’ Act of 1924 (38 USCA § 515). Plaintiff in error testifies that he was advised by the Bureau to reinstate his insurance for the reason that if anything happened to him his wife and children would get no…”
United States v. Stevens, 64 F.2d 853 (8th Cir. 1933).
“625 [38 USCA § 515]), and amendments thereto, were of the same general character and terms as the original contract, and that no formal policies of reinstatement were issued.”
United States v. Riggins, 65 F.2d 750 (9th Cir. 1933).
“790 , 799, § 15 [38 USCA § 515]). He neither made these payments nor sought to have them converted into a loan as therein provided.”
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