Jones v. United States, No. 12-3275 (8th Cir. 2013)
Annotate this CasePlaintiff filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. 2671 et seq., alleging that the VA negligently withheld benefits. Determining that the court had jurisdiction under 28 U.S.C. 1291, the court concluded that resolving plaintiff's claim would require the district court to determine whether the VA acted negligently in the benefits determination. Therefore, the district court lacked jurisdiction under 38 U.S.C. 511(a) and the district court properly dismissed the case. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Federal Tort Claims Act. The court has jurisdiction to determine whether the district court properly dismissed this case for lack of subject-matter jurisdiction; where plaintiff sued the VA for negligently failing to pay him benefits, resolution of the issue would require the district court to determine whether the VA acted negligently in making its benefits determinations; since judicial review of such decisions is foreclosed by 38 U.S.C. Sec. 511(a), the district court lacked subject-matter jurisdiction and properly dismissed the case. [ August 15, 2013
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