Velasco v. United States Department of Veterans Affairs
This text of Velasco v. United States Department of Veterans Affairs (Velasco v. United States Department of Veterans Affairs) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FILED
UNITED sTATEs I)ISTRICT COURT [JEC 1 2 2012
FOR THE DISTRICT OF COLUMBIA C|erk, U.S. District & Bankruptcy
Courts for the Sistrict of Columbla
PERFECTO VELASCO ) Plaintiff, § v_ j Civil Action No. UNITED STATES DEPARTMENT § OF VETERANS AFFAIRS, ) Defendant. j 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.
Plaintiff alleges that the Department of Veterans Affairs has denied his many applications for medical benefits. 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 veterans or the dependents or survivors of veterans." 38 U.S.C. § 5l l(a). The Secretary’s decision "as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court[.]" Id. Therefore, this federal district court does not have jurisdiction over matters relating to veterans benefits See Prz`ce v. Unz'tea' States, 228 F.3d 420, 421-22 (D.C. Cir. 2000) ("As amended by the Veterans judicial Review Act . . . , the Veterans’ Benefits Act of 1957 . . . precludes judicial review in Article IIl courts of VA decisions affecting the provision of veterans’ benefits") (per curiam), cert. a'erzz'ed, 534 U.S. 903 (2001); see Jones v Nicholson, No. l:()7-CV-l65, 2011 WL 216()918 (M.D. Ga. June l, 201 l) (dismissing for
lack of subject matter jurisdiction veteran’s claim for benefits); Peavey v. Holder, 657 F, Supp. 2d
180 (D.D.C. 2009) (dismissing challenge to VA’s decisions on claim for benefits notwithstanding veteran’s "attempts to avoid application of § 5 ll by labeling his claims as constitutional claims").
The Court will dismiss the complaint for lack of subject matter. An Order is issued
separately.
DATE; Uni tates District Judge
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