- 26 -
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.
Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: November 10, 2007