Napier v. VETERANS'ADMINISTRATION
| Decision Date | 11 October 1960 |
| Docket Number | Civ. A. No. 302-60. |
| Parties | George NAPIER, Sr., Plaintiff, v. VETERANS' ADMINISTRATION, Sumner G. Whittier, Administrator, and United States of America, Defendants. |
| Court | U.S. District Court — District of New Jersey |
George Napier, Sr., pro se.
Chester A. Weidenburner, U. S. Atty., by Charles H. Hoens, Jr., Asst. U. S. Atty., Newark, N. J., for defendants.
On or about February 20, 1960, George Napier, Sr., a resident of the City of Newark in this District, filed with the Chief Judge of this Court a document in affidavit form, sworn to February 19, 1960, in which the affiant made complaint against the United States Veterans' Administration, the Administrator of Veterans' Affairs, and certain other persons purporting to act in their behalf, respecting their conduct in relation to the affiant. The matter was, in due course, referred to the writer of this opinion who, upon representations of complainant's indigency, directed that the affidavit be treated as a complaint and be filed without payment of fee, in the office of the Clerk of this Court. Upon its filing on March 18, 1960, the Clerk caused summons to be issued and served, directed to the parties complained of, viz. the Veterans' Administration, its Administrator and the United States of America. Service upon the Administration was made upon its Chief Attorney at its regional office in the City of Newark, New Jersey, and service upon the United States of America was effected upon the United States Attorney for the District of New Jersey. Service upon Sumner G. Whittier, the Administrator of Veterans' Affairs, was made in the District of Columbia.
Upon due notice, the defendants Veterans' Administration, Administrator and United States, moved for a dismissal of the complaint (1) as against the Veterans' Administration and Sumner G. Whittier, Administrator of Veterans' Affairs, for lack of personal jurisdiction over said defendants by reason of insufficiency of service of process upon them; and (2) as against the United States of America for (a) lack of jurisdiction over the subject matter of the case, and (b) failure to state a claim upon which relief can be granted. Plaintiff also moved for the appointment of an attorney in his behalf to represent him in the cause, upon the ground that he is indigent and without means of employing an attorney for that purpose.
The affidavit embodying the plaintiff's complaint in this proceeding alleges that he is an indigent World War II veteran of the armed forces of the United States, with several dependents; that he is currently receiving from the Veterans' Administration monthly payments of $55.00 as compensation for claimed physical disability, but that premium payments upon his National Service Life Insurance policy, which are being currently waived by the Administration, were required to be paid during the period June 1, 1946 to September 1, 1954, during which he claims to have been totally disabled and therefore entitled to waiver thereof. He seeks refund of the premiums paid during the period of denial of waiver. Complaining generally of the manner in which his requests for assistance and treatment were disposed of by the Administration and its representatives, plaintiff seeks the aid of this Court to obtain determinations (1) that certain physical disabilities from which he is alleged to be suffering are service-connected; (2) that he is entitled to compensation payments for total permanent disability from June 21, 1944 to date; and (3) that he be declared entitled to premium waiver upon his National Service Life Insurance during the period of its previous denial, and that he be refunded the premiums which he was required to pay during that period. With the stated purpose of rendering more specific the general allegations in which the veteran embodies his criticisms of the Veterans' Administration, he annexes to his complaint in this Court copies of what he characterizes as his "petitions" dated respectively February 2, 1960 and March 21, 1957, to the Administrator of Veterans' Affairs, and the United States Attorney for this District. In his petition to the Administrator, complainant alleges that he suffers from a possible malignant prostate gland condition which is aggravating an allegedly service-connected cardiac condition. He bases his contention that the prostatic condition is service-incurred upon the claim that it was non-existent when he was inducted in the year 1942. In connection with these conditions, however, Napier concedes that an Administrative review thereof was then pending. In the same document, he alleges mistreatment and refusal of treatment at the hands of various physicians acting for the Administration, and of the conduct of other employees thereof toward him. He also alleges that he was refused treatment which was given to other veterans similarly situated. By way of relief at the hands of the Administrator, this veteran prayed (1) for a determination that his claimed disabilities were service-connected (2) permanent disability compensation retroactively from June 21, 1944; and (3) a ruling that his disability was total from June 1, 1946 to September 1, 1954, for the purpose of compensation benefits and insurance premium waiver. In the same document, the veteran requested the Administrator to direct the Newark, New Jersey Regional Office of the Veterans' Administration to furnish him with copies of certain documents which he alleges were furnished to other similarly situated veterans.
In his petition to the United States Attorney, Napier sought (1) an award of total permanent disability compensation from June 21, 1944; (2) a restoration of his rights to National Service Life Insurance benefits; (3) a restoration of his rights to National Service Life Insurance benefits for the period June 1, 1946 to August 9, 1954, which he claims were denied him by the administrative decision of May 17, 1946; (4) a restoration of his rights to disability compensation benefits which he alleges were denied by the administrative review decision of June 11, 1946; (5) recovery of his records from the possession of the Veterans' Administration; and (6) a termination of what he characterizes in general language as "racial discrimination" against him. He avers that although he saw a rate sheet upon which his monthly compensation rate was $124.50, effective February 21, 1958, he is still receiving only $55 a month on that account.
Upon the return of the notices of the respective motions (1) of the defendants to dismiss the complaint, and (2) of the plaintiff for appointment of an attorney, oral argument thereon was heard. Upon the conclusion of the argument decision was reserved upon both motions pending further examination of the complaint and of the briefs submitted in behalf of each of the parties.
This Court is without jurisdiction over the defendants Veterans' Administration and Whittier, Administrator. In this case, as in ...
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