Dias v. United States

SWEENEY, District Judge.

This case is before me on the defendant’s motion to dismiss. The facts herein take it out of the ruling made in the case of Wojciekowski v. United States, 21 F.Supp. 14, wherein it was recently held by this court that a form 526 filed with the Veterans Bureau constituted a sufficient claim upon which to base a disagreement. The situation presented in this case is quite different in view of the statute of July 3, 1930 (38 U.S.C.A. § 445), which defined the terms “claim” and “disagreement” as used in that enactment. The instant case was not filed until after the passage…