At page 421 Preclusion of judicial review of veterans' benefits decisions48 citing casesAs amended by the Veterans Judicial Review Act ... , the Veterans' Benefits Act of 1957 ... precludes judicial review in Article III courts ofV A decisions affecting the provision of veterans' benefits
- Lasky v. United States Air Force, No. 2012-2009 (D.D.C. Dec. 17, 2012).published(As amended by the Veterans Judicial Review Act ... , the Veterans' Benefits Act of 1957 ... precludes judicial review in Article III courts ofV A decisions affecting the provision of veterans' benefits)
- Velasco v. United States Dep't of Vets. Affairs, No. 2012-1987 (D.D.C. Dec. 12, 2012).published(As amended by the Veterans judicial Review Act . . . , the Veterans’ Benefits Act of 1957 . . . precludes judicial review in Article IIl courts of VA decisions affecting the provision of veterans’ benefits)
- Slupkowski v. Dep't of the United States Navy, No. 2011-1201 (D.D.C. Sept. 26, 2011).published(The exclusive avenue for redress of veterans' benefits determinations is appeal to the Court of Veterans Appea1s and from there to the United States Court of Appeals for the F ederal Circuit.)
- Jackson v. Gmac, Ins., No. 2009-0868 (D.D.C. Oct. 22, 2009).published(The exclusive avenue for redress of veterans' benefits determinations is appeal to the Court of Veterans Appeals [renamed Court of Appeals for Veterans Claims] and from there to the United States Court of Appeals for t…)
- Velazquez v. United States Dep't of the Army, No. 2025-2364 (D.D.C. May 19, 2026).published “precludes judicial review in Article III courts of VA decisions affecting the provision of veterans benefits, including medical expense reimbursement”
- Hills v. Mason, No. 2023-3157 (D.D.C. Mar. 28, 2025).published “the VA’s action or inaction with respect to a veterans’ benefits matter”
- Brouchet v. United States, No. 2:24-cv-00148 (W.D. La. Oct. 10, 2024).See Sugrue, 26 F.3d at 12 ; King v. U.S. Dep’t of Veterans Affairs, 728 F.3d 410, 414 (5th Cir. 2013); Veterans for Common Sense v. Shinseki, 678 F.3d 1013, 1025 (9th Cir. 2012); Dambach v. United States, 211 F. App’x 105, 108 (3d Cir. 200…
- Foster v. U.S. Dep't of Vets. Affairs, No. 2:23-cv-04820 (E.D. Pa. Jan. 8, 2024). No. 85–56, 71 Stat. 83 , precludes judicial review in Article III courts of VA decisions affecting the provision of veterans’ benefits[.]” Price v. United States, 228 F.3d 420, 421 (D.C.
- Ahmed v. Gable, No. 2021-3333 (D.D.C. Sept. 25, 2023).published “The exclusive avenue for redress of veterans’ benefits determinations is appeal to the Court of Veterans Appeals and from there to the United States Court of Appeals for the Federal Circuit”
- Windsor v. U.S. Dep't of Vets. Affairs, No. 2023-1050 (D.D.C. May 1, 2023).published Price v. United States, 228 F.3d 420, 421 (D.C.
Show 21 more citing cases
- Uni'que Godson v. VA, No. 22-5196 (D.C. Cir. Dec. 13, 2022).unpublishedPrice v. United States, 228 F.3d 420, 421 (D.C.
- Prewitt v. McDonough, No. 2021-2243 (D.D.C. Sept. 30, 2022).published Cir. 2016) (alterations in original) (quoting Price v. United States, 228 F.3d 420, 421 (D.C.
- Stewart J. Smith v. United States, 7 F.4th 963 (11th Cir. 2021).publishedIn Price, the plaintiff’s pro se complaint alleged the VA had “wrongfully failed to reimburse him for certain medical expenses he incurred in October 1994 while hospitalized for an emergency colon cancer operation at a non-VA medical facil…
- Ward v. Jeffrey Parker, No. 2021-0374 (D.D.C. Mar. 30, 2021).publishedPrice v. United States, 228 F.3d 420, 421 (D.C.
- Ward v. United States Dep't of Vets. Affairs, No. 2021-0105 (D.D.C. Jan. 21, 2021).publishedPrice v. United States, 228 F.3d 420, 421 (D.C.
- Sims v. Dep't of Vet. Affairs, No. 2020-2449 (D.D.C. Sept. 29, 2020).publishedPrice v. United States, 228 F.3d 420, 421 (D.C.
- Watson v. Vets. Hosp. Med. Staff, No. 2020-0510 (D.D.C. Apr. 7, 2020).publishedPrice v. United States, 228 F.3d 420, 421 (D.C.
- SMITH v. United States, No. 5:18-cv-00277 (M.D. Ga. Mar. 9, 2020).Cir. 2005); Price v. United States, 228 F.3d 420, 421 (D.C.
- Williams v. Wilkie, No. 2017-1483 (D.D.C. Aug. 13, 2018).published“[t]he exclusive avenue for redress of veterans’ benefits determinations is appeal to the Court of Veterans Appeals6 and from there to the United States Court of Appeals for the Federal Circuit”
- Teixeira v. McDonald, No. 2018-1304 (D.D.C. July 30, 2018).publishedBecause § 511 precludes review by this federal district court “of VA decisions affecting the provision of veterans’ benefits[,]” Prz`ce v. United States, 228 F.3d 420, 421 (D.C.
- Thornton v. United States of Am., No. 2017-0623 (D.D.C. Dec. 11, 2017).published“affecting the provision of veterans’ benefits”
- Blue Water Navy Vietnam Vets. Ass'n v. McDonald, 830 F.3d 570 (D.C. Cir. 2016).published“preclude[ ] judicial review in [district] courts of VA decisions affecting the provision of veterans’ benefits”
- Larry v. Dep't of Vets. Affairs, No. 2015-0981 (D.D.C. June 23, 2015).publishedTherefore, this federal district court does not have jurisdiction over matters relating to veterans benefits or the manner in which such claims are handled See Price v. United States, 228 F.3d 420, 421-22 (DC.
- Sweatt v. U.S. Dep't of Vets. Affairs, 110 F. Supp. 3d 22 (D.D.C. 2015).publishedHis claims for veterans benefits for these conditions are not matters over which this Court has subject matter jurisdiction, see Price v. United States, 228 F.3d 420, 421 (D.C.Cir.2000), and therefore these claims are not addressed here. 2…
- Thomas Karmatzis v. Michall Hamiliton, 553 F. App'x 617 (7th Cir. 2014).unpublishedSee id; Veterans for Common Sense v. Shinseki, 678 F.3d 1013, 1025 (9th Cir. 2012); Price v. United States, 228 F.3d 420, 421 (D.C.Cir.2000); Beamon v. Brown, 125 F.3d 965, 970-71 (6th Cir. 1997); Weaver v. United States, 98 F.3d *619 518,…
- King v. United States Dep't of Vets. Affairs, 728 F.3d 410 (5th Cir. 2013).published The district court’s dismissal also comports with the reasoning in Price v. United States, 228 F.3d 420, 421-22 (D.C.Cir. 2000).
- King v. United States, 901 F. Supp. 2d 781 (S.D. Miss. 2012).published “because underlying [King’s] claim[s] is an allegation that the VA unjustifiably denied him a veterans’ benefit”
- Hunt v. U.S. Dep't of Vet. Affairs, 888 F. Supp. 2d 48 (D.D.C. 2012).published(other citations omitted)
- Vietnam Vets. of Am. v. Shinseki, 599 F.3d 654 (D.C. Cir. 2010).publishedNevertheless, because Price is challenging the VA’s action or inaction with respect to a veterans’ benefits matter, the district court lacked subject matter jurisdiction over the complaint.” 228 F.3d at 421 (emphasis added).
- Murray v. United States Court of Appeal for Vets. Claims, No. 2009-2091 (D.D.C. Nov. 6, 2009).published"The exclusive avenue for redress of veterans' benefits determinations is appeal to the Court of Veterans [Claims land from there to the United States Court of Appeals for the Federal Circuit." Price v. United States, 228 F3d 420, 421 (D.C.
- Peavey v. Gonzalez, No. 2005-0819 (D.D.C. Sept. 28, 2009).published “precludes judicial review in Article III courts of VA decisions affecting the provision of veterans’ benefits[.]”
At page 422 Determining jurisdiction over va reimbursement claims32 citing cases“a federal district court may not entertain constitutional or statutory claims whose resolution would require the court to intrude upon the va's exclusive jurisdiction.”
- Reiff v. United States, No. 2025-0539 (D.D.C. Dec. 4, 2025).published“require the court to intrude upon the VA’s exclusive jurisdiction”
- Hale v. United States, No. 1:23-cv-00299 (W.D.N.Y. Dec. 26, 2024).Circuit in Price v. United States, 228 F.3d 420, 422 (D.C.
- Monk v. United States, No. 3:22-cv-01503 (D. Conn. Mar. 29, 2024). (no judicial review of a claim that the VA negligently or intentionally failed to reimburse a veteran’s medical bills)
- Schwingle v. United States, No. 6:20-cv-06394 (W.D.N.Y. Oct. 14, 2022). In Price v. United States, a veteran alleged that the VA had “wrongfully failed to reimburse him for certain medical expenses.” 228 F.3d 420, 422 (D.C.
- Denorris Andrews v. Sec'y, Dep't of Vets. Affairs, No. 20-10849 (11th Cir. Feb. 11, 2021).unpublished“whose resolution would require the court to intrude upon the VA’s exclusive jurisdiction”
- Connolly v. TriWest Healthcare All. Corp., No. 1:19-cv-00385 (D. Haw. Oct. 21, 2019).Thomas, 394 F.3d at 975 (quoting Price v. United States, 228 F.3d 420, 422 (D.C.
- Felisa Tunac v. United States, 897 F.3d 1197 (9th Cir. 2018).publishedBy contrast, claims that the VA “failed to render the appropriate medical services” because it denied the veteran’s request for benefits “would require the district court ‘to determine first whether the VA acted properly’ in providing [the…
- Fermin v. United States, 268 F. Supp. 3d 228 (D.D.C. 2017).published “intrude upon the VA’s exclusive jurisdiction”
- Richard S. Milbauer v. United States, 587 F. App'x 587 (11th Cir. 2014).unpublished Circuit relied on its earlier decision in Price v. United States, 228 F.3d 420, 422 (D.C.Cir.2000) (per curiam).
- Melvin v. United States Dep't of Vets. Affairs, 70 F. Supp. 3d 350 (D.D.C. 2014).published “[t]he courts have consistently held that a federal district court may not entertain constitutional or statutory claims whose resolution would require the court to intrude upon the VA’s exclusive jurisdiction”
Show 7 more citing cases
- Anestis Ex Rel. Est. of Anestis v. United States, 749 F.3d 520 (6th Cir. 2014).publishedPrice v. United States, 228 F.3d 420, 422 (D.C.Cir.2001).
- Bluestein v. Levenson, 2012 DNH 172 (D.N.H. 2012).publishedPrice v. United States, 228 F.3d 420, 422 (D.C.
- Vets. for Common Sense v. Shinseki, 678 F.3d 1013 (9th Cir. 2012).published See Broudy v. Mather, 460 F.3d 106, 115 (D.C.Cir.2006); Thomas v. Principi, 394 F.3d 970, 974 (D.C.Cir.2005); Price v. United States, 228 F.3d 420, 422 (D.C.Cir. 2000) (per curiam); Beamon, 125 F.3d at 971 .
- Vets. for Common Sense v. Eric K. Shinseki, 644 F.3d 845 (9th Cir. 2011).published Dissenting op. at 896 (quoting Price v. United States, 228 F.3d 420, 422 (D.C.Cir.2000) (per curiam) and citing Thomas v. Principi, 394 F.3d 970, 974 (D.C.Cir.2005)) (internal alterations omitted).
- Vets. for Common Sense v. Shinseki, 663 F.3d 1033 (9th Cir. 2011).publishedDissenting op. at 15 (quoting Price v. United States, 228 F.3d 420, 422 (D.C.
- Lewis v. Norton, 355 F. App'x 69 (7th Cir. 2009).unpublished See Mehrkens, 556 F.3d at 870 ; Price v. United States, 228 F.3d 420, 422 (D.C.Cir.2000); Beamon v. Brown, 125 F.3d 965, 974 (6th Cir.1997); Marozsan v. United States, 90 F.3d 1284, 1287 (7th Cir.1996); Hall v. U.S. Dep’t of Veterans Affai…
- William Lewis v. D. Norton, No. 09-2162 (7th Cir. Dec. 11, 2009).unpublishedSee Mehrkens, 556 F.3d at 870 ; Price v. United States, 228 F.3d 420, 422 (D.C.
At page 420 “affecting the provision of veterans' benefits”0 citing cases
v.
UNITED STATES of America, Et Al., Appellees
Opinion for the court filed PER CURIAM.
PER CURIAM:Gordon Price, appearing pro se, filed a complaint in the district court alleging the United States Department of Veteran Affairs (VA) wrongfully failed to reimburse him for certain medical expenses he incurred in October 1994 while hospitalized for an emergency colon cancer operation at a non-VA medical facility. Price also alleged Northeast Florida Credit Bureau (Northeast) caused him harm when it persistently sought to collect on the unpaid medical bills on behalf of the medical service providers. As relief, Price sought $5 million in damages from the government alone, apparently for his medical expenses and emotional distress. The district court vacated an entry of default against Northeast and dismissed the complaint for failure to state a claim. Price appealed and both he and the government filed cross-motions for summary disposition. Because the district court lacked jurisdiction to consider an indirect challenge to the government’s veterans’ benefits determination, we grant the government’s motion and deny Price’s motion.
As amended by the Veterans Judicial Review Act, Pub.L. No. 100-687, 102 Stat. 4105 (1988) (VJRA), the Veterans’ Benefits Act of 1957, Pub.L. No. 85-56, 71 Stat. 83, precludes judicial review in Article III courts of VA decisions affecting the provision of veterans’ benefits, including medical expense reimbursement. 38 U.S.C. § 511(a); see Larrabee v. Derwinski 968 F.2d 1497, 1499-1501 (2d Cir.1992) (detailing history of veterans’ benefits legislation); see also Z ifit” encompasses medical expenses veteran incurred at non-VA facility) (citing 38 C.F.R. § 20.3(e)). The exclusive avenue for redress of veterans’ benefits determinations is appeal to the Court of Veterans Appeals and from there to the United States Court of Appeals for the Federal Circuit. See 38 U.S.C. §§ 511, 7252, 7292; In re Russell, 155 F.3d 1012 (8th Cir.1998) (per curiam); Beamon v. Brown, 125 F.3d 965, 967-71 (6th Cir.1997); Larrabee, 968 F.2d at 1501.
The district court lacked jurisdiction to consider Price’s federal claim because underlying the claim is an allegation that the VA unjustifiably denied him a veterans’ benefit. Price alleged the VA’s failure to pay his medical bills was wrongful because the agency was under a legal obligation to make payment on account of Price’s veteran status. He attached to his amended complaint a September 1996 letter from the VA’s Gainesville, Florida office advising Price the office had received his request for reimbursement but could not process his claim because Price failed to provide the personal information necessary to verify his veteran status and ascertain the nature of the claim. In the letter, the VA explained the eligibility criteria for reimbursement for medical services at a non-VA facility and directed Price’s attention to an enclosed claim form. See 38 U.S.C. § 1728 (setting forth scheme for VA reimbursement of certain medical expenses incurred by veterans). Price referred to the 1996 letter in the amended complaint, asserting that he met the eligibility criteria.
The record does not reflect whether Price pursued a formal reimbursement claim with the VA. Nevertheless, because Price is challenging the VA’s action or inaction with respect to a veterans’ benefits matter, the district court lacked subject matter jurisdiction over the complaint. See 38 U.S.C. § 511(a); Weaver v. United States, 98 F.3d 518, 519-20 (10th Cir.1996) (the substance of veteran’s claims, not the labels plaintiff assigns them, governs jurisdictional determination); cf. Kidwell v. De [*422] partment of the Army, Bd. for Correction of Military Records, 56 F.3d 279, 284 (D.C.Cir.1995) (plain language of complaint does not settle question of Tucker Act jurisdiction—court looks to the complaint’s substance, not merely its form).
Perhaps to avert a headlong collision with 38 U.S.C. § 511(a), the district court liberally construed Price’s complaint as asserting a federal tort claim for intentional or negligent failure to pay medical bills. Under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq., a tort claim is actionable if it arises “under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” Federal Deposit Ins. Corp. v. Meyer, 510 U.S. 471, 477, 114 S.Ct. 996, 127 L.Ed.2d 308 (1994) (quoting 28 U.S.C. § 1346(b)). Because the alleged wrong committed by the VA took place in Florida, liability for negligent or intentional failure to pay a medical bill must be determined in accordance with Florida law. See Tarpeh-Doe v. United States, 28 F.3d 120, 123 (D.C.Cir.1994).
Florida does recognize a cause of action analogous to that which Price appears to be asserting. By Florida statute a person may sue an insurer when the person is damaged by an insurer’s. “bad faith” failure to settle his or her claim. Fla. Stat. ch. 624.155(1)(b)(1); see Time Ins. Co. v. Burger, 712 So.2d 389, 391 (Fla.1998). The Florida Supreme Court has construed the statute as encompassing claims that the insurer unjustifiably refused to pay an insured’s medical or hospital bills, resulting in the insured’s inability to obtain additional health care. Burger, 712 So.2d at 392. The insured may also recover damages for emotional distress. Id.
Nevertheless, assuming Price’s damages claim is cognizable under Florida Statute 624.155(l)(b)(l), a necessary predicate of such a claim is a determination that the insurer acted in bad faith. See id. Here, the propriety of the VA’s purported refusal to reimburse Price has not yet been established. Because a determination whether the VA acted in bad faith or with negligence would require the district court to determine first whether the VA acted properly in handling Price’s request for reimbursement, judicial review is foreclosed by 38 U.S.C. § 511(a). The courts have consistently held that a federal district court may not entertain constitutional or statutory claims whose resolution would require the court to intrude upon the VA’s exclusive jurisdiction. See, e.g., Beamon, 125 F.3d at 972-74 (due process challenge to VA procedures); Weaver, 98 F.3d at 520 (claims of fraud and misrepresentation in handling of benefits claim); Hicks v. Small, 69 F.3d 967, 970 (9th Cir.1995) (tort claims of outrage and intentional infliction of emotional distress based on VA’s reduction of benefits); Sugrue v. Derwinski, 26 F.3d 8, 11 (2d Cir.1994) (due process, Privacy Act and FOIA challenges to VA’s failure to raise disability rating); Rosen v. Walters, 719 F.2d 1422, 1425 (9th Cir.1983) (Privacy Act claim based on destruction of medical records pertinent to claim for veterans’ disability benefits) (construing predecessor statute, 38 U.S.C. § 211(a)).
For the preceding reasons, we conclude the district court lacked subject matter jurisdiction over Price’s federal claim. As a consequence, the court necessarily also lacked supplemental jurisdiction over Price’s state law claim against Northeast. See 28 U.S.C. § 1367(a); Scarfo v. Ginsberg, 175 F.3d 957, 962 (11th Cir.1999) (collecting authorities); Harris v. Secretary, United States Dep’t of Veterans Affairs, 126 F.3d 339, 346 (D.C.Cir.1997). Accordingly, the judgment of the district court is
Affirmed.