Roosevelt Wallace - Page 26




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          Op. Gen. Couns. Prec. 64-90, 1990 WL 605252 (the opinion),                  
          addresses the appropriateness of paying directly to incompetent             
          patients for whom guardians have been appointed the nominal                 
          remuneration to which the patients are entitled for participating           
          in therapeutic and rehabilitative programs established pursuant             
          to 38 U.S.C. section 618 (the predecessor of section 1718).  The            
          opinion concludes that such direct payments are appropriate.  In            
          reaching that conclusion, the opinion considers the legislative             
          history of the Act of Aug. 6, 1962, Pub. L. 87-574, section 2(l),           
          76 Stat. 308, adding 38 U.S.C. section 618 (“legislation * * *              
          sponsored and enacted at the request of the VA”).  The opinion              
          states:                                                                     
                    The words “nominal remuneration” as used in the                   
               statute are interpreted to mean a token grant of money                 
               in the nature of a “gratuity” or an “award,” in an                     
               amount to be determined administratively, payable by                   
               the VA to the patient or member as a part of the                       
               expense of the therapeutic and rehabilitation program,                 
               as distinguished from “salary or wages” or “earnings”                  
               or an additional monetary “benefit” to the veteran.                    
               The language of section 618 makes it abundantly clear                  
               that payments thereunder are not intended as a                         
               consideration for the services rendered but rather as                  
               an inducement to selected patients and members to enter                

               8(...continued)                                                        
               opinion designated as a precedent opinion is binding on                
               Department officials and employees in subsequent                       
               matters involving a legal issue decided in the                         
               precedent opinion, unless there has been a material                    
               change in a controlling statute or regulation or the                   
               opinion has been overruled or modified by a subsequent                 
               precedent opinion or judicial decision.                                







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