Newcombe v. United States, No. 18-1681 (8th Cir. 2019)
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The Eighth Circuit affirmed the district court's dismissal of plaintiff's claim under the Federal Tort Claims Act against the United States for negligent supervision and training. Plaintiff alleged that he suffered emotional and physical distress after the Veterans Administration (VA) sent him a letter erroneously stating that his corneal ulcerations were not service-connected.
The court held that the Veterans' Judicial Review Act (VJRA) limits district courts' jurisdiction over suits involving a VA benefits determination. Therefore, the Board's determination that the February 2015 letter contained a "clear and unmistakable" error does not constitute an admission of negligence such that the district court would no longer need to review a benefits determination in deciding plaintiff's claim. Therefore, the action was properly dismissed for lack of subject matter jurisdiction.
Court Description: Kelly, Author, with Loken and Erickson, Circuit Judges] Civil case - Federal Tort Claims Act. The VA sent plaintiff a letter mistakenly stating his condition was not service-related and he brought this FTCA action alleging the VA was negligent in supervising and training the employee who made the mistake and claiming damages for physical and emotional distress; exclusive jurisdiction over the claims fell within the Veteran's Judicial Review Act, and the FTCA suit was properly dismissed for lack of subject-matter jurisdiction.
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