B-154980, SEP. 25, 1964

B-154980: Sep 25, 1964

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YOU WOULD LIKE ADVICE CONCERNING THE SPECIFIC REGULATIONS UPON WHICH OUR "DECISION" WAS BASED. ARE MADE FINAL AND CONCLUSIVE. WITH THE FURTHER PROVISION THAT NO OTHER OFFICIAL OR ANY COURT OF THE UNITED STATES SHALL HAVE POWER OR JURISDICTION TO REVIEW ANY SUCH DECISION. YOU HAVE A RIGHT TO OBTAIN A REVIEW OF YOUR CLAIM BY THE BOARD OF VETERANS APPEALS. IT IS SUGGESTED THAT YOU CONTACT THE ATLANTA REGIONAL OFFICE OF THE VETERANS ADMINISTRATION FOR ADVICE AS TO THE PROCEDURE TO BE FOLLOWED IN ORDER TO OBTAIN SUCH REVIEW. WAS TO ADVISE YOU OF THE INTENTION OF THE VETERANS ADMINISTRATION TO MAKE AN EXAMINATION REGARDING THE DISABILITY ASSOCIATED WITH YOUR WRISTS. THE STATEMENT CONCERNING YOUR NERVOUS CONDITION WAS MERELY AN OBSERVATION AND WAS NOT INTENDED TO BE CONSTRUED AS A DECISION CONFIRMING OR SUSTAINING THE DECISIONS REACHED BY THE VETERANS ADMINISTRATION.

B-154980, SEP. 25, 1964

TO MR. LAWRENCE R. CLARK:

THIS REFERS TO YOUR LETTER OF AUGUST 10, 1964, CONCERNING YOUR DISABILITY RATING AS DETERMINED BY THE VETERANS ADMINISTRATION FOR THE PURPOSE OF DISABILITY COMPENSATION.

YOU SAY THAT SINCE IN A LETTER RECEIVED FROM OUR OFFICE WE CONCURRED IN THE ACTION OF THE VETERANS ADMINISTRATION ON YOUR DISABILITY RATING, YOU WOULD LIKE ADVICE CONCERNING THE SPECIFIC REGULATIONS UPON WHICH OUR "DECISION" WAS BASED. ALSO, YOU SAY WE DID NOT ANSWER MANY OTHER COMPLAINTS YOU HAD.

UNDER THE PROVISIONS OF 38 U.S.C. 211 (A), AND IN SIMILAR PROVISIONS IN 38 U.S.C. 11A-2 AND 705, 1940, 1946, AND 1952 EDITIONS, THE DECISIONS OF THE ADMINISTRATOR OF VETERANS AFFAIRS ON ANY QUESTION OF LAW OR FACT CONCERNING A CLAIM FOR BENEFITS OR PAYMENTS UNDER ANY LAW ADMINISTERED BY THE VETERANS ADMINISTRATION, WITH EXCEPTIONS NOT APPLICABLE HERE, ARE MADE FINAL AND CONCLUSIVE, WITH THE FURTHER PROVISION THAT NO OTHER OFFICIAL OR ANY COURT OF THE UNITED STATES SHALL HAVE POWER OR JURISDICTION TO REVIEW ANY SUCH DECISION. IN THIS RESPECT, THE GENERAL ACCOUNTING OFFICE CLEARLY HAS NO JURISDICTION IN THE MATTER, AND THE COURT OF CLAIMS HAS CONSISTENTLY INTERPRETED SUCH PROVISIONS OF LAW AS PRECLUDING JUDICIAL REVIEW OF ANY CLAIM FOR DISABILITY COMPENSATION OR PENSION DENIED BY THE VETERANS ADMINISTRATION. SEE BROWN V. UNITED STATES, 150 CT.CL. 136 (1960), AND CASES THERE CITED. ALSO, THE FINALITY OF THE DETERMINATIONS OF THE ADMINISTRATOR OF VETERANS AFFAIRS IN COMPENSATION AND PENSION MATTERS HAS BEEN UNIFORMLY RECOGNIZED BY THE UNITED STATES DISTRICT COURTS AND CIRCUIT COURTS OF APPEALS. SEE STEINMASEL V. UNITED STATES, 202 F.SUPP. 355 (S.D. 1962); SMITH V. SETTLE, 286 F.2D 420 (8TH CIR., 161); DISILVESTRO V. UNITED STATES, 181 F.SUPP. 860 (E.D.N.Y. 1960); THOMPSON V. WHITTIER, 185 F.SUPP. 306 (D.C., 1960); KLEIN V. LEE, 254 F.2D 188 (7TH CIR., 1958); AND COOK V. HIGLEY, 238 F.2D 41 (D.C.CIR., 1956). HOWEVER, YOU HAVE A RIGHT TO OBTAIN A REVIEW OF YOUR CLAIM BY THE BOARD OF VETERANS APPEALS. SEE 38 U.S.C. 4004-4005. IT IS SUGGESTED THAT YOU CONTACT THE ATLANTA REGIONAL OFFICE OF THE VETERANS ADMINISTRATION FOR ADVICE AS TO THE PROCEDURE TO BE FOLLOWED IN ORDER TO OBTAIN SUCH REVIEW.

THE PURPOSE OF THE GENERAL ACCOUNTING OFFICE LETTER OF JULY 17, 1964, WAS TO ADVISE YOU OF THE INTENTION OF THE VETERANS ADMINISTRATION TO MAKE AN EXAMINATION REGARDING THE DISABILITY ASSOCIATED WITH YOUR WRISTS. THE STATEMENT CONCERNING YOUR NERVOUS CONDITION WAS MERELY AN OBSERVATION AND WAS NOT INTENDED TO BE CONSTRUED AS A DECISION CONFIRMING OR SUSTAINING THE DECISIONS REACHED BY THE VETERANS ADMINISTRATION, FOR, AS STATED EARLIER HEREIN, WE ARE WITHOUT JURISDICTION IN THE MATTER.

WE ARE RETURNING HEREWITH VA FORMS 26-1880 RECEIVED WITH YOUR LETTER OF SEPTEMBER 2, 1964, PERTAINING TO YOUR LOAN GUARANTY ENTITLEMENT. SINCE THAT MATTER ALSO IS WITHIN THE JURISDICTION OF THE VETERANS ADMINISTRATION WE SUGGEST THAT YOU CONTINUE YOUR NEGOTIATIONS WITH THE REGIONAL OFFICE IN ATLANTA. SEE 38 U.S.C. 1820.