Guzman v. Gleason

• Decision Date: 07 October 1964
• Docket Number: Civ. A. No. 2459-62.
• Citation: 234 F. Supp. 145
• Parties: Dionisia Manimtim vda de GUZMAN, Plaintiff, v. John S. GLEASON, Jr., Administrator of Veterans' Affairs, Defendant.
• Court: U.S. District Court — District of Columbia

234 F. Supp. 145

Dionisia Manimtim vda de GUZMAN, Plaintiff, v. John S. GLEASON, Jr., Administrator of Veterans' Affairs, Defendant.

Civ. A. No. 2459-62.

United States District Court District of Columbia.

October 7, 1964.

Harold J. Nussbaum, Mary M. Connelly, Washington, D. C., for plaintiff.

David V. Seaman, Dept. of Justice, for defendant.

LEONARD P. WALSH, District Judge.

This is an action for a mandatory injunction against the Administrator of Veterans Affairs to recover benefits under Title 38 U.S.C.A. § 321. The action is brought by the widow of a former Philippine Scout in the United States Army. The facts were stipulated by the parties and the case was submitted after argument.

The facts, as stipulated, reveal that the deceased, Feliciano de Guzman, entered active duty with the United States Armed Forces on July 8, 1946. He died in service on August 17, 1950. Thereafter, the plaintiff was awarded death compensation benefits commencing on August 18, 1950. On December 7, 1954, the benefits were suspended as a result of a letter, signed by three relatives of the deceased, which stated that the plaintiff and one Palabiano Ortilla "had been living together for a long time." A field investigation conducted by the Veterans Administration confirmed the information contained in the letter. On March 14, 1956, the Acting General Counsel rendered an opinion holding that the plaintiff was shown by the evidence to have been living as the wife of Ortilla, had generally acquired a reputation as such in the community, and accordingly, she could no longer be recognized as the unremarried widow of the deceased.

An administrative appeal was taken to the Board of Veterans Appeals, which rendered an opinion on August 30, 1956, denying the appeal. Plaintiff was so informed by letter dated September 19, 1956, said letter constituting a final administrative denial of the claim.

On February 5, 1957, plaintiff wrote a letter to the Veterans Administration enclosing five affidavits to the effect that plaintiff had never lived with any man since the death of her husband, Guzman. Three of the affidavits were executed by the original informants which precipitated the cessation of benefits to plaintiff. The Veterans Administration informed the plaintiff that this information did not warrant any change in the prior determination.

Subsequently, on August 3, 1962, plaintiff filed suit for death compensation benefits, alleging that she is entitled to the benefits as she has not remarried since the death of her husband. The original complaint named the United States of America as defendant. The complaint was amended on October 19, 1962...