Hale

MEMORANDUM **

Chen Hale appeals pro se the district court’s judgment dismissing her action against the Department of Veterans’ Affairs (“DVA”), the Department of Defense, and her ex-husband, retired Master Sergeant Michael Hale, alleging that she is entitled to receive a portion of her ex-husband’s disability retirement benefits from the DVA under a California divorce decree. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals for lack of subject matter jurisdiction, as well as dismissals for failure to state a claim. See Hicks v. Small, 69 F.3d 967, 969 (9th Cir.1995). We affirm.

*57 The district court properly dismissed for lack of subject matter jurisdiction Hale’s challenge to the DVA’s determination that she was not entitled to any portion of Master Sergeant Hale’s disability retirement benefits. The DVA has exclusive jurisdiction to determine the “provision of benefits” to veterans and their dependents under 38 U.S.C. § 511 (a). See Tietjen v. United States Veterans Admin., 884 F.2d 514, 515 (9th Cir.1989) (order) (construing former version of § 511(a), previously codified at 38 U.S.C. § 211 (a)). The Federal Uniformed Services Former Spouses’…