Jump to content

Sponsored Ads

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more


Hubby has a claim that was remanded back in March 09 for further development. Further development is done. AMC now has the claim and we are told it went to rating/decision on 9/10/09. Is there any reason why we can't call AMC to inquire as to the status of the claim? Don't want to step on toes, irritate anyone there and definetly want to keep a sharp eye on this. I received conflicting information elsewhere that AMC makes the decision then sends it on to BVA for final approval. Then, from another source, I'm advised that AMC will either approve or deny and should they approve, they will be the division that rates the claim. These were both from

1-800, who I know don't have the up-to-date info in their systems. I'd like to call the AMC directly - ideas?



Share this post

Link to post
Share on other sites

Recommended Posts

will do Wings-they have some info in the VBM about AMC but not much-

I think AMC is just a clip joint




My understanding is that the AMC is controlled by the "Chief Benefits Director of the VBA" --didn't he just RETIRE LOL! ~Wings


Vet. Aff. Op. Gen. Couns. Prec. 07-92 

5.  In 1972, VA, by regulation, voluntarily adopted the policy of affording the public notice of and an opportunity to comment on proposed regulations in accordance with the provisions of the Administrative Procedure Act (APA), 5 U.S.C. § 553.  38 C.F.R. § 1.12.  The Veterans' Judicial Review Act, Pub. L. No. 100-687, Div. A, Title I, § 102(a)(1), 102 Stat. 4106 (1988), made VA's compliance with APA rulemaking mandatory.  38 U.S.C. § 501(d). 

6.  The APA defines a "rule" as:

[T]he whole or part of an agency statement of general or particular applicability and future effect designed to implement,  interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency ... 5 U.S.C. § 551(4).  

Under the APA, VA is required to provide public notice and an opportunity to comment prior to the issuance of substantive rules.  5 U.S.C. § 553. A substantive rule that must conform to APA rulemaking is one that has the force of law and narrowly limits agency discretion. Chrysler Corp. v. Brown, 441 U.S. 281 (1979); Guardian Federal Savings & Loan Association v. Federal Savings & Loan Insurance Corp., 589 F.2d 658, 666-67 (D.C. 1978). "A rule is 'substantive' when it 'effects a change in existing law or policy' which 'affect s individual rights and obligations."'  Animal Legal Defense Fund v. Quigg, 932 F.2d 920, 927 (Fed. Cir. 1991) (citing Cubanski v. Heckler, 781 F.2d 1421, 1426 (9th Cir. 1986) vacated as moot, sub. nom. Bowen v. Kizer, 485 U.S. 386 (1988)). "To be 'substantive', a rule must also be promulgated pursuant 'to statutory authority ... and implement the statute."' Animal Legal Defense Fund, 932 at 927.  See also  Chrysler Corp., 441 U.S. at 302-303.  

14.  The Chief Benefits Director is the head of VBA and is directly responsible to the Secretary for its operations.  38 U.S.C. § 7701(b).  "The primary function of the VBA is the administration of nonmedical benefits programs of the Department which provide assistance to veterans and their dependents and survivors."  38 U.S.C. § 7701(a); O.G.C. Advis. 65-90. Generally, the Secretary has delegated to the Chief Benefits Director authority to act on all matters assigned to VBA.  38 C.F.R. § 2.6(b).  More specific descriptions of the matters which have been delegated to the Chief Benefits Director are found in 38 C.F.R. §§ 2.50-2.55, 2.67-2.69, 2.72, 2.76, 2.78-2.79, 2.84-2.91, and 2.95-2.99.  While the Chief Benefits Director has been delegated broad authority to act for the Secretary in all matters involving the administration of nonmedical benefits, including making findings and determinations under applicable laws, regulations, precedents and instructions as to a claimants' entitlement to benefits under laws administered by VA, the authority to promulgate "substantive rules" has not been delegated to the Chief Benefits Director. In fact, such authority is specifically reserved to the Secretary.

Share this post

Link to post
Share on other sites


I guess if your claim goes from the VARO to the BVA and then to the AMC the VA can show that they are doing something. They are moving paper. They are making their numbers that they invent to do nothing while pretending to do their jobs. The bigwigs at the VA can go to congress and tell them that they have processed X number of claims when, in fact, they must moved them from one holding tank to another. Congress has no idea what is really going on, and really has no desire to know as long as they can somehow get the public off their backs.

Share this post

Link to post
Share on other sites

Good job, ladies - I can see the VA being called organized "Crime"!!

how about - "Modern Felons"?

Share this post

Link to post
Share on other sites

The VA has to answer to no one.

Not the President, not the Congress or the Secretary of the VA.

They are above and beyond the laws of this nation.

Challenge them & all you will see is a slap on the wrist with one hand & a pat on the back for cheating veterans till their death with the other.

Investigation after investigation has changed nothing. May as well try to change how & who the DOD awards contracts to. See how far that gets you.

Rico Act? Ask a rater if they're concerned about ever having fraud charges filed against them.

I don't think Mexico is as corrupt as the DVA.

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 8 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:


      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.


      • 9 replies

Important Information

{terms] and Guidelines