Barefield v. Byrd
Barefield v. Byrd
Opinion of the Court
Eugene Barefield, a veteran suffering a service connected mental disability, and ^lice Leflore, his natural mother and gUar(jjan> appeal from an order of the United States District Court dismiss-in^ their complaint on the ground that title 38 U.S.C.A. § 211(a) deprives the court of jurisdiction to review the several decisions of the Veterans’ Administrator denying appellant mother payment of benefits to her as “dependent parent” of her disabled veteran son and denying a claim by her, as legal guardian of the veteran, for (1) back payments for periods during which the veteran was allegedly erroneously rated at a lower percentage digabmty tban hig medical condition required and (2) payments al_ legedly emmeougly aid to Emma Louige Barefield ag the veteran’s ^ by a mar_ riage which wag annulled without affording appellant an opportunity to examine evidence upon which the ratings were based and the evidence used against her claim and to face the witnesses wlm testiüed against her and on the ground that certain of the decisions of the Veterans’ Administrator were contrary to the law and evidence. Appellants allege as error aiso the district court’s granting of a 60 day- extension to defendant within which to plead or answer and the overruling of her motion for production of documents, Appellees contend that the district court was correct in dismissing the complaint for iack of jurisdiction and that in any event, the suit must fail because of appellants’ failure to join an indispensable Party> namely>the Veterans’ Administra^°1-
The threshold question is whether the court has jurisdiction to re
Appellants contend that jurisdiction is founded upon 5 U.S.C.A. § 1009 which grants judicial review of administrative actions generally “[e]xcept so far as (1) statutes preclude judicial review * * Title 38 U.S.C.A., under which appellants claim benefits, at § 211 (a) provides that “the decisions of the [Veterans’] Administrator on any question of law or fact concerning a claim for benefits or payments under any law administered by the Veterans’ Administration shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision.”
Appellants contend that the Administrator is bound to follow the provisions of the Administrative Procedure Act, (Act of June 11, 1946, 60 Stat. 238, 5 U.S.C.A. § 1001 et seq.) and, apparently, that despite the fact that the “decisions” may not be reviewed, the conformity, or lack thereof, to the Administrative Procedure Act may be examined by the court. Is the Veterans’ Administrator, in making his decisions, bound to conform to the provisions of the said Act? We think not. Section 5 of the Act (5 U.S.C.A. § 1004), captioned “Adjudication” provides that “In every ease of adjudications required by statute to be determined on-the record after opportunity for un-agency hearing, except * * ■ (Exception not here material) (Emphasis' added) the agency shall afford the parties an opportunity for a hearing in accordance with Section 7 (5 U.S.C.A. § 1006) which provides, in part, that “[e] very party shall have the right * * to conduct such cross-examination as may be required for a full and true disclosure of the facts. * * * ” Section 5 thus clearly limits its applicability to adjudications “required by statute to be determined on the record after opportunity for an agency hearing.” This is not such a case, because title 38 U.S.C.A. under which appellants proceed makes no such requirement. On the contrary, § 210(c) of that title provides that “The Administrator has authority to make all rules and regulations which are necessary or appropriate to carry out the laws administered by the Veterans’ Administration and are consistent therewith, including regulations with respect to the nature and extent of proofs and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws, the forms of application by claimants under such laws, the methods of making investigations and medical examinations, and the manner and form of adjudications and awards” and section 102(a) (1) provides' that “Dependency of a parent * * * shall be determined in accordance with regulations prescribed by the Administrator” thus leaving to the Veterans’ Administrator discretion in selecting the procedure to be followed in reaching his decisions.
This court in Ford v. United States, 230 F.2d 533 (5 Cir. 1956), and Acker v. United States, 226 F.2d 575 (5 Cir. 1955), cert. denied, 350 U.S. 1008, 76 S.Ct. 674, 100 L.Ed. 870 (1955), held that a decision by the Administrator was not reviewable by the courts. In Ford, 230 F.2d at pages 533 and 534 the court said “The assertion, now made on the appeal, that it was likewise an effort to re
In Acker, supra, 226 F.2d page 578, this court said “it [must be] borne in mind that, as so well and clearly pointed out in Lynch v. United States, 292 U.S. 571, 54 S.Ct. 840, 78 L.Ed. 1434, the United States may not be sued without its consent and that such consent must be expressed and not implied * * *."
In Hahn v. Gray, 92 U.S.App.D.C. 188, 203 F.2d 625, 626 (1953) the court said “It was the purpose of that statute (38 U.S.C.A. § lla-2) to remove the possibility of judicial relief even if the action of the Administrator was arbitrary and capricious. Lynch v. United States, 1934, 292 U.S. 571, 587, 54 S.Ct. 840, 847, 78 L.Ed. 1434.”
In Van Horne v. Hines, 74 App.D.C. 214, 122 F.2d 207 (1941), cert. denied, 314 U.S. 689, 62 S.Ct. 360, 86 L.Ed. 552 (1941), rehearing denied, 314 U.S. 717, 62 S.Ct. 478, 86 L.Ed. 570 (1942), plaintiff sought judicial review of the Veterans’ Administrator’s decision reached without prior notice and hearing, reaffirming its previous decision, likewise reached without prior notice and hearing, terminating plaintiff’s veteran benefit compensation on the ground that the plaintiff had made false statements in connection therewith, even though, subsequent to the original decision but prior to the reaffirmance he had been tried and acquitted of the offense by a United States Court. The court there based its
We hold that the district court committed no error in dismissing the complaint for lack of jurisdiction, and, this being true, we need not reach or decide the other questions raised on the appeal.
The order of the district court dismissing the complaint is hereby
Affirmed.
Reference
- Full Case Name
- Eugene BAREFIELD and Alice L. Leflore v. Walter R. BYRD, Regional Manager, H. Buchanan, Chief of Adjudication, and William Speed, Chief, Finance Division, Veterans Administration Center, Jackson, Mississippi
- Cited By
- 23 cases
- Status
- Published