DWAYNE JONATHAN HILJER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY GREGG HILJER, DECEASED, PLAINTIFF-APPELLANT,
v.
HARRY N. WALTERS, ADMINISTRATOR OF VETERANS AFFAIRS, DEFENDANT-APPELLEE

11th Cir. | 1985-01-10
No. 84-3085
749 F.2d 1553 Court of Appeals for the Eleventh Circuit (1985) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:

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.

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  • Larrabee v. Derwinski, 968 F.2d 1497 (2d Cir. 1992)
    …9 (2d Cir.) (per curiam), cert. denied, 474 U.S. 851, 106 S.Ct. 150, 88 L.Ed.2d 124 (1985); accord Tietjen v. United States Veterans Admin., 884 F. 2d 514, 515 (9th Cir.1989); Higgins v. Kelley, 824 F. 2d 690, 691 (8th Cir.1987); Hiljer v. Walters, 749 F. 2d 1553 (11th Cir.) (per curiam), cert. denied, 472 U.S. 1029, 105 S.Ct. 3506, 87 L.Ed.2d 637 (1985); Anderson v. Veterans Admin., 559 F. 2d 935, 936 (5th Cir.1977) (per curiam); Hartmann v. United States, 615 F.Supp. 446, 449 (E.D.N.Y.1985); see also In re…
  • Durant v. United States, 749 F.2d 1554 (11th Cir. 1985)
    …PER CURIAM: As in Hiljer v. Walters, 749 F. 2d 1553 (11th Cir.1984), decided the same date, appellant’s attempt to escape the bar on judicial reviewability imposed by 38 U.S.C. § 211(a), by alleging deprivation of a property interest in the form of the benefits claimed, is unavailing. Appellant als…

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