United States v. William H. Sinor, Administrator of the Estate of Clyde Sinor, Deceased, and William H. Sinor

By its pleadings,1 the Government assumed the burden of proving that the Veterans Administration had determined that the insured “was not prevented from filing timely application for waiver due to circumstances beyond his control.” The district court quoted that averment and noted that it is “unsupported by the proof here.” Under such *278pleadings, I think that the district court was correct in holding that the burden rested upon the Government to establish the absence of any circumstances beyond the insured’s control. Certainly, that theory was implicit in the Government’s answer (footnote 1,…