Opinion

Lane v. Department of Veterans Affairs

Court
District Court, N.D. Ohio
Filed
Mar 23, 2020
Cited by
0 cases
Authority
More cited than 28.0%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

Anthony P. Lane, ) CASE NO. 1:19 CV 2746

)

Plaintiff, ) JUDGE PATRICIA A. GAUGHAN

)

v. )

) Memorandum of Opinion and Order

Department of Veterans Affairs, )

)

Defendant. )

Pro se Plaintiff Anthony P. Lane filed this action against the Department of Veterans

Affairs to contest their determination of his claim to entitlement to an earlier effective date and

evaluation for service connected medical conditions. He seeks the increase in benefits to which

he claims he is entitled. Plaintiff also filed an Application to Proceed In Forma Pauperis (Doc.

No. 2). That Application is granted.

Although pro se pleadings are liberally construed, Boag v. MacDougall, 454 U.S. 364,

365 (1982) (per curiam); Haines v. Kerner, 404 U.S. 519, 520 (1972), the Court is required to

dismiss an in forma pauperis action under 28 U.S.C. §1915(e) if it fails to state a claim upon

which relief can be granted, or if it lacks an arguable basis in law or fact. Neitzke v. Williams,

490 U.S. 319 (1989); Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990); Sistrunk v. City of

Strongsville, 99 F.3d 194, 197 (6th Cir. 1996). A claim lacks an arguable basis in law or fact

when it is premised on an indisputably meritless legal theory or when the factual contentions are

clearly baseless. Neitzke, 490 U.S. at 327.

A cause of action fails to state a claim upon which relief may be granted when it lacks

“plausibility in the Complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 564 (2007). A

pleading must contain a “short and plain statement of the claim showing that the pleader is

entitled to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). The factual allegations in

the pleading must be sufficient to raise the right to relief above the speculative level on the

assumption that all the allegations in the Complaint are true. Bell Atl. Corp., 550 U.S. at 555.

The Plaintiff is not required to include detailed factual allegations, but must provide more than

“an unadorned, the-Defendant-unlawfully-harmed-me accusation.” Iqbal, 556 U.S. at 678. A

pleading that offers legal conclusions or a simple recitation of the elements of a cause of action

will not meet this pleading standard. Id. In reviewing a Complaint, the Court must construe the

pleading in the light most favorable to the Plaintiff. Bibbo v. Dean Witter Reynolds, Inc., 151

F.3d 559, 561 (6th Cir.1998).

Federal courts are always “under an independent obligation to examine their own

jurisdiction,” FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 231(1990) and may not entertain an

action over which jurisdiction is lacking. See Insurance Corp. of Ireland, Ltd. v. Compagnie

des Bauxites de Guinee, 456 U.S. 694, 701 (1982). In this case, the Veteran’s Judicial Review

Act (“VJRA”) vests exclusive jurisdiction over claims regarding veterans benefits with the

Court of Veterans Appeals (CVA). Those decisions are reviewed by the Court of Appeals for

the Federal Circuit. 38 U.S.C. §§ 511, 7252, 7292; Newsom v. Dep’t of Veterans Affairs, 8

Fed.Appx. 470, 471 (6th Cir. 2001); Beamon v. Brown, 125 F.3d 965, 967 (6th Cir. 1997);

Krueger v. United States, No. 17-CV-10574, 2017 WL 5467743, at *4 (E.D. Mich. Nov. 14,

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2017). This jurisdiction extends to “all questions of law and fact ... that affect[ ] the provision

of benefits ... to veterans.” 38 U.S.C. §§ 511, 7252, 7292; Beamon, 125 F.3d at 967. This Court

lacks subject matter jurisdiction over Plaintiff’s claim. Rodriguez v. United States, 2015 WL

4389635, at *1 (N.D. Ohio July 15, 2015) (citing Beamon, 125 F.3d at 967).

Accordingly, Plaintiff’s Application to Proceed In Forma Pauperis (Doc. No. 2) is

granted and this action is dismissed pursuant to 28 U.S.C. §1915(e). The Court certifies,

pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good

faith.

IT IS SO ORDERED.

/s/ Patricia A. Gaughan

PATRICIA A. GAUGHAN

United States District Court

Chief Judge

Dated: 3/23/20

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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