Calvin Rosen v. Harry N. Walters, Director of the Veterans Administration, and the Veterans Administration

Rosen was denied service-related disability benefits by the Veterans Administration (VA). He brought this action seeking a declaration that 38 U.S.C. § 211 (a), which precludes review of VA disability benefits decisions, is unconstitutional, and that he is entitled to damages under the Privacy Act of 1974, 5 U.S.C. § 552a. The district court dismissed the action with prejudice. We affirm.

I. BACKGROUND

Rosen served in the United States Army at the end of and just after World War II. Around 1970, he was diagnosed as having coronary disease, which he claims is related to a war-time illness. He applied for and was denied veterans benefits two times in the early 1970’s and his last application was ultimately denied by the Board of Veterans Appeals on June 16, 1980. Rosen alleges that documents pertaining to his illness while in the service were improperly destroyed by the VA or some related agency, making it impossible for him to prove his heart illness is service-related.

Rosen brought this action in June of 1981. He seeks relief under the Privacy Act, 5 U.S.C. § 552a(g)(l)(C), for the improper destruction of his medical records which, he argues, resulted in the adverse VA…