Recinto v. United States Department of Veterans Affairs

This case involves a group of Filipino World War II veterans and their widows who did not receive payments under the Filipino Veterans Equity Compensation Fund (“FVEC”), a fund established by statute in 2009 to give a one-time payment to each qualifying service member. These veterans and their widows either: (1) were ineligible for benefits under the statute; or (2) qualified for benefits, but were denied them because the Department of Veterans Affairs (‘VA”) could not verify military service. Plaintiffs contend that their Fifth Amendment rights to due process and equal protection were violated by the statute establishing the fund and by the VA’s administration of it, resulting in their lack of payment. The district court dismissed Plaintiffs’ claims with prejudice on the pleadings for lack of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted. We consider whether the district court’s dismissal was correct.

I

To place this appeal in context, we start with a refresher on World War II history, explain the FVEC and the benefits it provides, review the administrative process for filing and adjudicating claims, and then discuss…