Lasky v. United States Air Force ( 2012 )


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  •                                                                                        FILED
    UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF COLUMBIA                              DEC 17 2012
    Clerk, us Dis .
    Courts to.r ihe o~'f~ &Bankruptcy
    KENNETH CHARLES LASKY,                              )                                          ts net of Columbia
    )
    Plaintiff,                          )
    )
    v.                                          )           Civil Action No.      12 2009
    )
    UNITED STATES AIR FORCE,                            )
    )
    Defendant.                          )
    MEMORANDUM OPINION
    This matter is before the Court upon consideration of plaintiffs application to proceed in
    forma pauperis and his prose complaint. The application will be granted, and the complaint will
    be dismissed.
    Plaintiff alleges that "he has contracted cancer" as a result of having "conduct[ ed]
    radar-test for the (USAF) ... while on active duty." Compl. at 1 (page numbers designated by the
    Court). Notwithstanding his less than honorable discharge on July 27, 1957, id. at 2, he claims
    that he is entitled to "the reinstatement of his military medical benefits to treat his medical
    conditions at a military hospital," id. at 1.
    The Secretary of Veterans Affairs "shall decide all questions oflaw 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. § 511
    (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[.]" !d.   Therefore, this federal district court does not have
    jurisdiction over matters relating to veterans benefits. See Price v. United 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 III courts ofV A decisions affecting
    the provision of veterans' benefits") (per curiam), cert. denied, 
    534 U.S. 903
     (2001); see Jones v
    Nicholson, No. 1:07-CV-165, 
    2011 WL 2160918
     (M.D. Ga. June 1, 2011) (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§ 511 by labeling his claims as constitutional claims").
    The Court will dismiss the complaint for lack of subject matter. An Order is issued
    separately.
    DATE:
    t !.-L tz.- ( t:L
    

Document Info

Docket Number: Civil Action No. 2012-2009

Judges: Judge Richard J. Leon

Filed Date: 12/17/2012

Precedential Status: Precedential

Modified Date: 10/30/2014