Opal L. Taylor and Mary A. Taylor v. John W. Gardner, Secretary of Health, Education and Welfare

VAN OOSTERHOÜT,

Chief Judge (dissenting).

I would affirm the judgment of dismissal upon the basis of the well-considered opinion of Chief Judge Harris reported at D.C., 264 F.Supp. 610. Social Security benefits are created by and dependent upon federal statutes. Coverage must have a statutory basis. It is undisputed that the appellant-claimants must rely upon a portion of Mr. Taylor’s period of naval service to establish coverage. Mr. Taylor’s twenty years of active naval service ending on May 7, 1948, qualifies him as a World War II and a post-World War II veteran within the meaning of 42…