Opinion

Larry v. Department of Veterans Affairs

Court
District Court, District of Columbia
Filed
Jun 23, 2015
Status
Published
On the bench
Judge Rosemary M. Collyer
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 34.7%

dismissing for lack of subject matter jurisdiction plaintiffs’ challenge to constitutionality of procedures by which Regional Office and Board of Veterans Appeals adjudicate claims for benefits

How later courts described this case

  • dismissing for lack of subject matter jurisdiction plaintiffs’ challenge to constitutionality of procedures by which Regional Office and Board of Veterans Appeals adjudicate claims for benefits

Written by the judges who cited it.

The opinion

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FILED

JUN232015

T COURT

UNITED STATES DISTRIC Clerk. U.S. Dlauici & Bankruptcy

FOR THE DISTRICT OF COLUMBIA Courts for the; District of Columbia

JAMES K. LARRY, )

)

Petitioner, )

) Case: 1:15—cv-00981

v. ) Assigned To : Unassigned

) Assign. Date : 6/23/2015

A.L. HILL, etal., 3 Description: Pro Se Gen. Civil (F Deck)

Respondents. )

MEMORANDUM OPINION

This matter is before the Court upon consideration of plaintiffs application to proceed in

forma pauperis and his pro se complaint. The application will be granted, and the complaint will

be dismissed.

Petitioner, who served in the United States Marine Corps, has been diagnosed with Post

Traumatic Stress Disorder. Comp]. at 1 (page numbers designated by plaintiff). In October

2005, petitioner “received a total 30% evaluation,” and he disputes this conclusion “claiming

entitlement to a total rating based upon individual unemployability due to his Service Connected

. . . disability.” Id. Although the Board of Veterans Appeals remanded plaintiff 5 claim to the

Regional Office in Montgomery, Alabama “for further evaluation,” id. at 1-2, the Regional

Office has yet to comply, id. at 2. Petitioner demands a writ of mandamus “to compel the

respondents to undertake such actions and efforts required to resolve the matter as to their failure

to complete their evaluation of [petitioner] as to his claim of eligibility for Total Disability

Individual Unemployability.” Id. at 4.

The Secretary of Veterans Affairs “shall decide all questions of law and fact necessary to

a decision by the Secretary under a law that affects the provision of benefits by the Secretary to

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veterans or the dependents or survivors of veterans.” 38 U.S.C. § 511(a). The Secretary’s

decision “to any such question shall be final and conclusive and may not be reviewed by any

other official or by any court, whether by an action in the nature of mandamus or otherwise.” Id.

Therefore, this federal district court does not have jurisdiction over matters relating to veterans

benefits or the manner in which such claims are handled See Price v. United States, 228 F.3d

420, 421-22 (DC. Cir. 2000) (per curiam) (“As amended by the Veterans Judicial Review Act . .

. , the Veterans’ Benefits Act of 1957 . . . precludes judicial review in Article III courts of

[Veterans Administration] decisions affecting the provision of veterans’ benefits”), cert. denied,

534 US. 903 (2001); Beamon v. Brown, 125 F. 3d 965, 974 (6th Cir. 1997) (dismissing for lack

of subject matter jurisdiction plaintiffs’ challenge to constitutionality of procedures by which

Regional Office and Board of Veterans Appeals adjudicate claims for benefits).

The Court will dismiss the complaint for lack of subject matter jurisdiction. An Order is

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United Sta es District Judge

issued separately.

DATE:

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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