B-159880, FEB. 3, 1970

B-159880, FEB. 3, 1970

MILITARY--DISABILITY RATING DECISION TO RETIRED ARMY MEMBER CONCERNING DISABILITY RATING. MATTER OF DISABILITY RATING AS SERVICE OR NONSERVICE CONNECTED IS MATTER FOR JURISDICTION OF VETERANS ADMINISTRATION AND MAY NOT BE REVIEWED BY COMPTROLLER GENERAL.

TO MR. AMANDO S. PASCO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 1969, ADDRESSED TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, WHICH HAS BEEN FORWARDED HERE FOR REPLY, IN EFFECT ASKING US TO REVIEW THE ACTION OF THE VETERANS ADMINISTRATION CONCERNING YOUR NONSERVICE CONNECTED DISABILITY STATUS. YOU ALSO INDICATE THAT YOU HAVE IN MIND WITHDRAWING YOUR WAIVER OF RETIRED PAY FOR VETERANS ADMINISTRATION COMPENSATION ON FILE WITH THE FINANCE CENTER, U.S. ARMY, SHOULD IT BE TO YOUR ADVANTAGE FINANCIALLY. THERE HAS ALSO BEEN RECEIVED HERE YOUR LETTER OF SEPTEMBER 24, 1969, CONCERNING THE SAME MATTER.

YOU CONTEND THAT YOU HAVE A TOTAL PERMANENT DISABILITY BUT THAT THE VETERANS ADMINISTRATION OFFICE IN MANILA HAS RATED YOUR DISABILITY AS A NONSERVICE-CONNECTED DISABILITY. AS A RESULT OF THAT ADJUDICATION, YOU SAY THAT YOU ARE EXCLUDED FROM VETERANS ADMINISTRATION BENEFITS THAT ARE AWARDED VETERANS WITH SERVICE-CONNECTED DISABILITY. YOU INDICATE THAT FOR YEARS YOU HAVE BEEN TRYING TO GET THAT OFFICE TO RECONSIDER THE MATTER BUT TO NO AVAIL.

THE QUESTION OF A VETERAN'S DISABILITY RATING AND THE AWARDING OF BENEFITS RESULTING THEREFROM ARE MATTERS WITHIN THE JURISDICTION OF THE VETERANS ADMINISTRATION. SECTION 211 (A) OF TITLE 38, U.S. CODE, EXPRESSLY PROVIDES THAT:

"(A) EXCEPT AS PROVIDED IN SECTIONS 784, 1661, 1761, AND AS TO MATTERS ARISING UNDER CHAPTER 3( OF THIS TITLE, THE DECISIONS OF THE ADMINISTRATOR ON ANY QUESTION OF LAW OR FACT CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY LAW ADMINISTERED BY THE VETERANS ADMINISTRATION SHALL BE FINAL AND CONCLUSIVE AND NO OTHER OFFICIAL OR ANY COURT OF THE UNITED STATES SHALL HAVE POWER OR JURISDICTION TO REVIEW ANY SUCH DECISION."

UNDER SECTION 212 (A) OF TITLE 38, THE ADMINISTRATOR MAY DELEGATE HIS AUTHORITY TO OFFICERS AND EMPLOYEES OF THE VETERANS ADMINISTRATION AS HE MAY FIND NECESSARY AND THEIR ACTS AND DECISIONS HAVE THE SAME FORCE AND EFFECT AS THOUGH PERFORMED OR RENDERED BY THE ADMINISTRATOR. IT WILL BE SEEN THAT THE DECISIONS OF THE ADMINISTRATOR OR HIS DESIGNEE ON ANY QUESTION OF LAW OR FACT CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY LAW ADMINISTERED BY THE VETERANS ADMINISTRATION ARE, WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL, FINAL AND CONCLUSIVE AND MAY NOT BE REVIEWED BY THIS OFFICE.

YOUR RIGHT TO WAIVE RETIRED PAY IN ORDER TO RECEIVE DISABILITY COMPENSATION BENEFITS FROM THE VETERANS ADMINISTRATION IS GOVERNED BY THE PROVISIONS OF 38 U.S.C. 3105. THE AMOUNT THERE AUTHORIZED TO BE WAIVED IS ONLY "SO MUCH OF HIS RETIRED * * * PAY AS IS EQUAL IN AMOUNT TO SUCH * * * COMPENSATION." IF YOUR RETIRED PAY EXCEEDS THE COMPENSATION WHICH HAS BEEN AWARDED YOU BY THE VETERANS ADMINISTRATION, THE EXCESS SHOULD BE PAID TO YOU BY THE DEPARTMENT OF THE ARMY. ANY QUESTIONS YOU MAY HAVE CONCERNING THIS MATTER SHOULD BE ADDRESSED TO THE CHIEF, RETIRED PAY DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA 46249.