De Fernandez v. United States Department of Veterans Affairs

MEMORANDUM

Appellants Romeo R. De Fernandez, Ciríaco C. déla Cruz, Valeriano C. Marcelino, and the Veterans Equity Center appeal the district court’s dismissal of their claims for lack of jurisdiction. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Under provisions of the American Recovery and Reinvestment Act of 2009 establishing the Filipino Veterans Equity Compensation Fund, certain Filipino veterans of World War II, or their, surviving spouses, are entitled to one-time payments.' Pub.L. No. 111-5, § 1002 , 123 Stat. 115 , 200-02 (2009). The Department of Veterans Affairs (VA) requires applicants to prove they are entitled to benefits, and specifies what evidence is acceptable. Id. at § 1002(c)(1). Appellants brought this putative class action on behalf of themselves and certain other Filipino veterans of World War II, arguing that the evidentiary requirements violate their First and Fifth Amendment rights.

The Veterans’ Judicial Review Act of 1988 provides that most benefits decisions of the Secretary of Veterans Affairs are final and unreviewable by district courts. 38 U.S.C. § 511 (a). In Recinto v. U.S. Dept. of Veterans Affairs, 706 F.3d 1171 (9th Cir.),…