(PS) Benoist v. Veterans Administration

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOEL BENOIST, No. 2:18-CV-1611-MCE-DMC Plaintiff, v. FINDINGS AND RECOMMENDATIONS VETERANS ADMINISTRATION, Defendant. 16 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the court is defendant’s motion to dismiss (ECF No. 19). 19 I. PLAINTIFF’S ALLEGATIONS This action proceeds on plaintiff’s first amended complaint. See ECF No. 6. Plaintiff claims he was found to be in perfect health upon his entry into the Army in 1966. See id. at 4. According to plaintiff, he was later “injured to the degree that Army regulations REQUIRE a medical review board for possible medical discharge.” Id. Plaintiff states he was diagnosed with “congenital fusion,” a diagnoses plaintiff claims is intentionally inaccurate. Id. at 5. Plaintiff alleges defendant made a “clear and unmistakable error” in not granting 100% disability when he was eventually discharged from…