LASKY v. UNITED STATES AIR FORCE

Filing 3

MEMORANDUM OPINION Signed by Judge Richard J. Leon on 12/12/2012. (ls, )

FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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KENNETH CHARLES LASKY,
Plaintiff,
v.
UNITED STATES AIR FORCE,
Defendant.

DEC 17 2012
Clerk, us Dis .

Courts to.r ihe o~'f~ &Bankruptcy
ts net of Columbia

Civil Action No.

12 2009

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:

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