Dwayne Jonathan Hiljer, as Personal Representative of the Estate of Mary Gregg Hiljer, Deceased v. Harry N. Walters, Administrator of Veterans Affairs

749 F.2d 1553, 1985 U.S. App. LEXIS 27495

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 10, 1985
• Docket: 84-3085
• Status: Published

Opinion

PER CURIAM:

The federal courts have no jurisdiction of this claim for veteran’s benefits, which, with certain exceptions, are made judicially unreviewable by the VA Finality Statute, 38 U.S.C. § 211(a). Plaintiff seeks to escape the statute by contesting the Administrator’s actions in only partially retroactively applying a decision of the Veteran’s Board of Appeals, alleging that he has a property interest in the benefits. Assuming without deciding that this court would recognize an exception for a constitutional challenge to VA procedures, compare Anderson v. VA, 559 F.2d 935, 936 (5th Cir.1977), and Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974), the challenge in this instance is unavailing. The alleged property interest in the benefits would make every decision denying benefits judicially reviewable and would subsume § 211(a). See De Sibonga v. Administrator of Veterans Affairs, 458 F.2d 789 (D.C.Cir.1972).

AFFIRMED.