Taylor v. United States, H-73-C-9.
| Citation | 379 F. Supp. 642 |
| Decision Date | 02 July 1974 |
| Docket Number | No. H-73-C-9.,H-73-C-9. |
| Parties | Opal Lee TAYLOR and for Mary A. Taylor, Plaintiffs, v. UNITED STATES of America, Defendant. |
| Court | U.S. District Court — Western District of Arkansas |
Mrs. Opal Lee Taylor, Mary A. Taylor, pro se.
Sam Hugh Park, Asst. U. S. Atty., for defendant.
This case has a bizarre and unique factual background. Plaintiffs are the widow and afflicted child of Darwin Taylor.
Darwin Taylor was in the United States Navy on active duty from 1928 to May 7, 1948, when he transferred to the Fleet Reserve in which status he drew benefits as provided by the laws in force at that time.
On July 28, 1949 he died from wounds inflicted on him by the plaintiff, Opal Lee Taylor, his wife, now his widow.
Opal Lee Taylor was tried in the State Court of Arkansas for shooting and killing her husband and was acquitted.
Mrs. Taylor, as widow of Darwin, was initially awarded "Death Compensation" of $54 per month commencing July 29, 1949, the day after Darwin Taylor's death.
Mrs. Taylor then commenced an action to recover $10,000 (plus) on the National Service Life Insurance policy of her deceased husband. The factual background of that case and the opinion of Hon. John E. Miller is reported in 113 F.Supp. 143 (D.C.1953). Judge Miller held that:
"Thus, the fact that the plaintiff herein was acquitted of the criminal charge prosecuted against her in the state court is not binding on this Court, but the Court is convinced from the testimony that in shooting her husband the plaintiff was acting in necessary self defense and should not be denied recovery under the policy by reason of that fact."
"Applying the law . . . to the facts in the instant case, the Court is of the opinion that on April 23, 1944, Darwin P. Taylor did not have sufficient mental capacity to know the nature and consequence of his act in attempting to change the beneficiary of his National Service Life Insurance policy and was acting under a material delusion, and that he therefore could not and did not effect a valid change of beneficiary."
The decision of the district court was affirmed by the Court of Appeals for the Eighth Circuit in an opinion reported at 211 F.2d 794 and the insurance proceeds were paid to Mrs. Taylor.
Mrs. Taylor then sought to recover Social Security benefits for herself and daughter as dependents of her deceased husband. Benefits were administratively denied and the denial affirmed by the District Court in an opinion reported at 264 F.Supp. 610. The Court of Appeals reversed the district court in an opinion reported at 393 F.2d 257 (1968) and directed award of Social Security benefits.
In addition to Life Insurance benefits and Social Security, the Veteran Administration payments to plaintiffs have been as follows:
TAYLOR, Darwin P
XC 6 339 910
Opal Lee Taylor (Widow) Mary Taylor (Child)
Monthly rate of payments received since date of veteran's death
DEATH PENSION PAID FOR WIDOW AND ONE CHILD
Monthly Rate Effective Dates Amount
$ 54.00 7/29/49 to 6/30/52 $ 1,893.60
60.00 7/1/52 to9/30/54 1,620.00
63.00 10/1/54 to 4/2/63 6,430.20
DEATH COMPENSATION PAID FOR WIDOW
AND ONE CHILD
121.00 4/3/63 to 5/21/64 1,165.63
DEPENDENCY AND INDEMNITY COMPENSATION
PAID FOR WIDOW ONLY
165.00 5/22/64 to 8/31/64 544.50
166.00 9/1/64 to 8/31/65 1,992.00
171.00 9/1/65 to 6/30/66 1,710.00
173.00 7/1/66 to 9/30/67 2,595.00
176.00 10/1/67 to 6/30/68 1,584.00
179.00 7/1/68 to 6/30/69 2,148.00
187.00 7/1/69 to 11/30/69 2,431.00
206.00 12/1/69 to 5/4/71 3,529.46
234.00 5/5/71 to 12/31/71 1,840.81
257.00 1/1/72 to 1/31/74 6,425.00
DEPENDENCY AND INDEMNITY COMPENSATION
PAID FOR ONE HELPLESS CHILD
77.00 5/22/64 to 12/31/66 2,387.00
80.00 1/1/67 to 6/30/70 3,360.00
88.00 7/1/70 to 12/31/71 1,584.00
92.00 1/1/72 to 1/31/74 2,300.00
_________
$45,540.20
An explanation of the amounts paid is as follows:
Mrs. Taylor was originally awarded by the Administrator of Veteran Administration "death pension," effective July 29, 1949, the day after her husband's death. The original amount of this death pension was $54.00 per month, but this amount was increased by the VA from time to time as the law permitted. On April 2, 1963, she was receiving a death pension of $63.00 per month and had, to that day, received a total of $11,109.43 paid to her by the VA as a death pension.
Effective April 3, 1963, the Board of Veterans Appeals determined that the survivors of Darwin P. Taylor were entitled to "service-connected death benefits" and from April 4, 1963, they received "Death Compensation" in the amount of $121.00 per month in place of the previous "Death Pension" of $63.00 per month. No retroactive benefits were paid.
In addition to the automatic transfer to "Death Compensation", plaintiffs became eligible to receive "Dependency and Indemnity Compensation" in lieu of "Death Compensation." They made that election and notified VA as quickly as the avenues of communication permitted, and their election was filed with VA on May 22, 1964.
Effective May 22, 1964, plaintiff Opal Taylor began receiving "Dependency and Indemnity Compensation" of $165.00 per month and her daughter Mary A. Taylor began receiving "Dependency and Indemnity Compensation" of $77 per month. These amounts were increased periodically as the law provided.
On May 5, 1971, after the decision in the NSLI case, where Darwin Taylor was held to be an incompetent, Mrs. Taylor made application to the United States Navy to have the rate and rank of her deceased husband reassessed because if he had elected to be placed in Rank O-3 instead of Grade E-7 the benefits payable to the plaintiffs as his surviving wife and child would have been at a higher figure.
In December 1971, Navy officials notified Mrs. Taylor that it was changing its record as to her late husband's pay rate in the final years of his life to that of Rank O-3.
Upon being notified by Mrs. Taylor of the Navy's action, the VA requested a new certificate as to pay grade from the Navy, pursuant to 38 U.S.C. § 421. That certificate, which is binding on the Administrator of Veterans Affairs, was received and Opal Taylor's check was increased from $206.00 per month to $234.00 per month effective May 5, 1971, the date on which she filed her request for correction of records. Her daughter's check, at that time $88.00 per month did not change.
As of January 1, 1974, the rate of VA compensation being paid to Opal Taylor was $257.00 per month and the payment to Mary A. Taylor was $92.00 per month. This is in addition to the Social Security benefits they are receiving.
After the notice from the Navy the Administrator of the VA through the regular channels reexamined the matter and granted the increased payments, but considered the VA bound as to retroactive or back payments of benefits by the terms of 38 U.S.C. § 3010, which in pertinent part applicable to the facts here is as follows:
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