Roosevelt Wallace - Page 27




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               into activities which will assist them in regaining                    
               self-reliance and aid in their return to normal life.                  
               In other words, such payments are merely one more                      
               "tool" available to the professional personnel of DM &                 
               S for use in the treatment of patients and members.                    
               Payments under section 618 are an expense for medical                  
               care and are chargeable to appropriations for the                      
               medical care program. They do not fall within the                      
               category of benefits otherwise payable to a guardian.                  
          VA Op. Gen. Couns. Prec. 64-90, supra (emphasis added).                     
               Veterans Omnibus Health Care Act of 1976, Pub. L. 94-581,              
          section 105(a)(3), 90 Stat. 2845, replaced the provision calling            
          for the payment of nominal remuneration with one calling for                
          payments at rates not less than specified in the Fair Labor                 
          Standards Act of 1938 (29 U.S.C. section 201, et seq.).  We have            
          found no indication that, by that change, Congress intended to              
          change the nature of the payment as a gratuity or award, and,               
          indeed, in the ruling, the VA General Counsel took no notice of             
          that change in 1990.                                                        
               The VA General Counsel’s convictions that patients are not             
          being recompensed for services and the payments to them are an              
          expense for medical care reinforces our conclusion that                     
          distributions from the VA Special Therapeutic and Rehabilitation            
          Activities Fund are not merely payments for services rendered.              
               H.  Respondent’s Arguments                                             
               Respondent distinguishes payments made to taxpayers under              
          legislatively-provided-social-welfare-benefit programs (which               
          respondent has ruled are excludable from income) from                       







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