Recinto, et al v. The U.S. Dept. of Veterans Affairs, et al, No. 11-16341 (9th Cir. 2013)Annotate this Case
Plaintiffs, Filipino World War II veterans and their widows, contended that their Fifth Amendment rights to due process and equal protection were violated by a statute establishing the Filipino Veterans Equity Compensation Fund (FVEC) and by the VA's administration of it, resulting in their lack of payment. The district court dismissed the claims with prejudice on the pleadings for lack of subject matter jurisdiction and for failure to state a claim. The court held that the Veterans' Judicial Review Act, Pub. L. No. 100-687, div. A, 102 Stat. 4105, barred review of plaintiffs' due-process claim and the district court's dismissal of the claim was appropriate. Because plaintiffs' complaint did not challenge a new classification established by the American Recovery and Reinvestment Act, Pub. L. No. 111-5, 1002(i), 123 Stat. at 202, and did not allege any plausible facts suggesting that the classification in 38 U.S.C. 107 was created for a discriminatory purpose, the court held that the district court did not err when it dismissed the equal-protection claim under Rule 12(b)(6).