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Gatewood v. Department of Veteran Affairs

United States District Court, W.D. North Carolina, Charlotte Division

July 15, 2015

NORMAN GATEWOOD, Plaintiff,
v.
DEPARTMENT OF VETERAN AFFAIRS, Compensation & Pension, Defendant.

ORDER

GRAHAM C. MULLEN, District Judge.

THIS MATTER is before the Court on an initial review of Plaintiff's pro se complaint and his motion to proceed in forma pauperis .[1] For the reasons that follow, Plaintiff's complaint will be dismissed.

In his complaint, Plaintiff, who identifies himself as a U.S. Army Veteran, alleges that a physician working on behalf of the Defendant is endeavoring to discontinue his disability compensation. Plaintiff contends that he has appealed the physician's decision and requested an increase in benefits but he has been unsuccessful in that regard. (3:15-cv-00300, Doc. No. 1: Complaint at 4-5).

Plaintiff's complaint will be dismissed because this Court lacks jurisdiction to review a determination on disability benefits that is rendered by the U.S. Department of Veterans Affairs (VA). See Butler v. United States, 702 F.3d 749, 753 (4th Cir. 2012) (providing that 38 U.S.C. § 511(a) precludes review by a district court of the VA decision regarding benefits) (citing Littlejohn v. United States, 321 F.3d 915, 921 (9th Cir.), cert. denied, 540 U.S. 985 (2003)).

For the reasons stated herein, the Court finds that Plaintiff has failed to state a claim for relief and the complaint will be dismissed. 28 U.S.C. § 1915(e)(2)(B)(ii).

IT IS, THEREFORE, ORDERED that Plaintiff's Motion to Proceed in forma pauperis is GRANTED for the purpose of this initial review. (Doc. No. 2).

IT IS FURTHER ORDERED that Plaintiff's complaint is DISMISSED without prejudice. (Doc. No. 1).

The Clerk of Court is respectfully directed to close this civil case.


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