Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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
  • Ads

  • 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

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • 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

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 


      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.


      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies

Important Information

{terms] and Guidelines