Michael S. Ross v. United States of America

Appellant’s complaint against the United States, the Veterans’ Administration, the Air Force, a Naval Reserve doctor named Carden, and the members of the Veterans’ Administration Rating Board and the Appeals Board was properly dismissed by the district court for want of jurisdiction of the subject matter.

The root of appellant’s claim is that Dr. Carden caused a defamatory psychiatric report to be placed in appellant’s file which was later used by the Rating Board to deny him veteran’s benefits. He asserted that he was denied due process and that he was defamed and defrauded by the actions of the Rating and Appeals Boards. Although the complaint is in the form of a civil damage suit, the substance of the action is an attempt to obtain judicial review of a final determination by the Veterans’ Administration. Title 38 U.S.C. § 211 (a) forecloses judicial review, with exceptions not here material. (Fritz v. Director of Veterans Administration (9th Cir. 1970) 427 F.2d 154 ; Redfield v. Driver (9th Cir. 1966) 364 F.2d 812 ; Milliken v. Gleason (1st Cir. 1964) 332 F.2d 122 , cert. denied, 379 U.S. 1002 , 85 S.Ct. 723 , 13 L.Ed.2d 703 ; see Lynch v. United States (1934) 292 U.S. 571,…