Sanders v. United States

34 Fed. Cl. 75, 1995 U.S. Claims LEXIS 168, 1995 WL 502894
United States Court of Federal Claims·Decided August 25, 1995·No. No. 94-521 C·Published·Cited by 39 cases

Opinion

OPINION

SMITH, Chief Judge.

This case is before the court on defendant’s motion to dismiss. Plaintiff alleges that he was improperly denied veterans benefits for his medical condition and education. For the reasons stated below this court finds that it does not have jurisdiction and that it must dismiss this case.

FACTS

Plaintiff, David E. Sanders, had a troubled childhood for which he places much blame on the U.S. Army. Mr. Sanders’ father was a Master Sergeant in the Army who died in Vietnam. Mr. Sanders blames the Army for various injuries from accidents he had as a child, and because his stepfather, who was also in the Army, was abusive. Mr. Sanders alleges that several teachers and administrators from the high school he attended, South Jones High in Ellisville, Mississippi, were abusive towards him because of his war orphan status and have falsified his school transcript.

Plaintiff served in the U.S. Army from December 3, 1973 until he was honorably discharged on December 2,1979. During his period of service plaintiff received various commendations, including a national defense ribbon. In 1974, Mr. Sanders suffered a hip injury, which occurred while on maneuvers with the Army at Fort Benning, Georgia. In 1977, while attending the Noncommissioned Officers Training Academy in Neurberg, Germany, he suffered a nervous breakdown necessitating an extended stay in a psychiatric ward.

Mr. Sanders’ initial claim for disability benefits was for a nervous disorder and arthritis and was filed on July 22, 1982. The Department of Veterans Affairs (VA) could not establish a service connection to these conditions and Mr. Sanders’ claim was denied on September 20, 1982. The rating decision stated that Mr. Sanders had been “admitted to VA Hospital for treatment of a nervous disorder diagnosed as adjustment disorder with mixed emotional features and schizotypical personality. There is a history of drug abuse.” Mr. Sanders challenges the conclusions of this diagnosis, but admits to chronic marijuana use. There is nothing in the record that indicates that Mr. Sanders appealed this decision.

About nine years after this initial denial, Mr. Sanders filed a new claim of disability based on post-traumatic stress disorder on March 20, 1991. After Mr. Sanders repeatedly refused to submit to required VA medical examinations, this claim was administratively denied on September 9, 1991. On November 27, 1992, the Board of Veterans’ Appeals denied Mr. Sanders’ application to reopen his claim for benefits from a service connected psychiatric disability, including post-traumatic stress disorder. Mr. Sanders voluntarily withdrew this latest appeal (No. 93-0586) before the Court of Veterans Appeals on October 28, 1993. Mr. Sanders has continued to make subsequent claims for medical benefits from the VA, and most recently has alleged that the VA has falsified his medical records.

Mr. Sanders’ claim for education benefits arises from his vocational training at Jones County Junior College which was paid for by the VA. Mr. Sanders entered Jones County Junior College on May 28, 1979 and began majoring in meat processing. Later he sought to change his course of study to auto mechanics, and then to other areas. Overall Mr. Sanders changed his program of studies at least two times, and then withdrew from his vocational training because of his dissatisfaction with his instruction. Mr. Sanders then applied for another course of study, which the VA considered a change in program.

On September 21, 1984, Mr. Sanders was advised that the VA would not approve another change in program because the reasons he provided were not beyond his control as defined in the regulations allowing changes in educational programs. On November 16, 1984, plaintiff was sent a statement of the case with instructions and notice explaining that he could appeal to the Board of Veterans’ Appeals within one year. Mr. Sanders did not appeal and the decision became final.

Nevertheless plaintiff submitted new applications for educational benefits. For ex[78] ample, in September, 1986, Mr. Sanders requested a refresher course in meat processing and auto mechanics. In addition, on July 31, 1987, Mr. Sanders submitted further evidence to show that he needed to change his study program to computers. On April 5, 1988, the Board of Veterans’ Appeals refused to approve a further program of training and dismissed plaintiffs appeals for further educational benefits. After further applications to the VA, on November 9, 1990, the Board of Veterans’ Appeals denied plaintiffs request to extend the time for him to apply for further educational benefits.

Mr. Sanders was employed by the Department of Agriculture from June 27, 1985 until 1986. In his August 8, 1994 affidavit, Mr. Sanders alleges that he was improperly denied leave from his job because of interference by the VA, which contributed to his post-traumatic stress disorder.

Plaintiff filed his pro se complaint on August 10,1994. Accompanying plaintiffs complaint were nine motions, including a motion “to reconsider all court action should the United States Claims Court adjudicate in the negative.” The government has moved to dismiss this complaint pursuant to United States Court of Federal Claims Rules 12(b)(1) and 12(b)(4), arguing that this court lacks subject matter jurisdiction and that plaintiff has failed to state a claim upon which relief may be granted.

On November 18, 1994, plaintiff filed a response to the government’s motion to dismiss, and a resubmitted complaint, alleging that his civil rights were violated. On the same day, the government filed its reply, and the court suspended consideration of all other pending motions until after consideration of defendant’s motion to dismiss. Plaintiff filed another response to the government’s motion to dismiss on January 13, 1995. The court will consider plaintiffs resubmitted complaint as a motion to amend the original complaint, so that the court may evaluate all of plaintiffs claims.

Oral argument was held June 27, 1995. On July 5, 1995 the court received plaintiffs written submission of his oral arguments. In this submission, plaintiff argues for the first time that the clerk of the Court of Veterans Appeals “willfully, consciously, and deliberately provided an outdated, incorrect mailing address” for him to file his latest appeal, which constituted gross negligence.

DISCUSSION

Plaintiff has four claims against the government, primarily based upon his being denied benefits. First, plaintiff alleges that he was improperly denied benefits from the VA. Second, he seeks compensatory and punitive damages in tort. Third, plaintiff claims that he is owed back pay from the Army. Lastly, plaintiff alleges the VA violated his civil rights. Before this court can address the merits of these claims and proceed with the other pending motions in this ease, the court must decide whether plaintiff has established jurisdiction.

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Sanders v. United States, 34 Fed. Cl. 75, 1995 U.S. Claims LEXIS 168, 1995 WL 502894 (uscfc 1995).

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