B-226559.2 November 3, 1988
Highlights
Claimant is advised that the administration and adjudication of veterans benefits are the sole responsibilities of the Administrator of Veterans Affairs (Administrator) and that decisions made by the Administrator are final and conclusive with no review authority by any other government official or court of the United States. Our Claims Group informed you of the statutes which provide that the decisions of the Administrator of Veterans Affairs (Administrator) are final and conclusive on any question of law or fact under any law administered by the Veterans Administration providing benefits for veterans. Are matters exclusively within the jurisdiction of the Veterans Administration and that the General Accounting Office does not have the authority to review determinations made by the Veterans Administration in such matters.
B-226559.2 November 3, 1988
Claimant is advised that the administration and adjudication of veterans benefits are the sole responsibilities of the Administrator of Veterans Affairs (Administrator) and that decisions made by the Administrator are final and conclusive with no review authority by any other government official or court of the United States. Thus, GAO has no jurisdiction to review the veteran's claims for increased service-connected disability compensation benefits. See 38 U.S.C. Sec. 211(a) (1982).
Mr. George Pappanikolaou 621 90th Street Brooklyn, New York 11228-3508
Dear Mr. Pappanikolaou:
We refer to your letter dated November 20, 1987, and your recent inquiry on September 27, 19B8, requesting that the General Accounting Office review the determinations made by the Veterans Administration concerning your claim for increased service-connected disability compensation benefits.
In letters dated January 27, 1988, and September 12, 1988, our Claims Group informed you of the statutes which provide that the decisions of the Administrator of Veterans Affairs (Administrator) are final and conclusive on any question of law or fact under any law administered by the Veterans Administration providing benefits for veterans. Further, 38 U.S.C. Sec. 211 (a)(1982) expressly provides that no other official or any court of the United States has power or jurisdiction to review the decisions of the Administrator.
In a long line of decisions, this Office has taken the position that the administration and adjudication of claims for veterans benefits, including claims for disability compensation, are matters exclusively within the jurisdiction of the Veterans Administration and that the General Accounting Office does not have the authority to review determinations made by the Veterans Administration in such matters. See 56 Comp.Gen. 587 (1977); John L. Bond, B-207041, Sept. 8 1982; B-154696, Oct. 22, 1964; B-152825,Jan. 27, 1964; B-142147, Dec. 18, 1962, copies enclosed.
Inasmuch as your Claim is a matter entirely within the jurisdiction of the Veterans Administration, such further action as you may desire to take in that regard should be directed to the Administrator of Veterans Affairs.
Sincerely yours,
Michael R. Volpe Assistant General Counsel
Enclosures
MILITARY PERSONNEL Pay Veterans benefits GAO review