At page 520 Examining claim substance over plaintiff's labels39 citing caseswhere plaintiff challenged denial of benefits and alleged various torts, including conspiracy to lose his records and fraud and misrepresentation, plaintiffs claims were barred under 38 U.S.C. § 511 (a) because “without exception, they [sought] review of actions taken in connection with the denial…
- Swafford v. McDonald, 664 F. App'x 937 (Fed. Cir. 2016).unpublished(We examine the substance of these allegations, rather than the plaintiffs labels, to determine their true nature.)
- Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015).published([Plaintiffs] pleadings offer no grounds for finding an express waiver of immunity over any of the claims in question and, therefore, no proper grounds for jurisdiction in federal court.)
- Robinson v. Schwartz, No. 1:24-cv-00988 (D. Colo. Sept. 26, 2025).“To determine the nature of a claim, courts examine the substance of a plaintiff’s allegations, not merely the labels applied to them.” Johnson v. Dep’t of Veterans Affairs, 351 F. App’x 288, 290 (10th Cir. 2009) (unpublished) (citing Weav…
- Hills v. Mason, No. 2023-3157 (D.D.C. Mar. 28, 2025).published(claims of fraud and misrepresentation in handling of benefits claim)
- Dockery v. City of Greeley, No. 1:23-cv-00047 (D. Colo. Aug. 26, 2024).Instead, the court “examine[s] the substance of [the] allegations, rather than the plaintiff’s labels, to determine their true nature.” Id. (citing Weaver v. United States, 98 F.3d 518, 520 (10th Cir. 1996)).
- White v. United States Post Off., No. 23-1239, 2024 WL 2973705 (10th Cir. June 13, 2024).unpublishedWeaver v. United States, 98 F.3d 518, 520 (10th Cir. 1996).
- Monk v. United States, No. 3:22-cv-01503 (D. Conn. Mar. 29, 2024).Weaver v. United States, 98 F.3d 518, 520 (10th Cir. 1996); accord Sugrue v. Derwinski, 26 F.3d 8, 11 (2d Cir. 1994). “[T]he Second Circuit has not directly addressed” section 511’s scope.
- Watson v. United States Dep't of Vets. Affairs, The, No. 6:22-cv-01275 (D. Kan. July 10, 2023). See 38 U.S.C. § 511 (a); see also Nails v. Slusher, 628 F. App’x 625, 625 (10th Cir. 2016); Weaver v. United States, 98 F.3d 518, 519-20 (10th Cir. 1996).
- Just. (ID 74505) v. Kansas, State of, No. 5:23-cv-03009 (D. Kan. Feb. 15, 2023).“To determine the nature of a claim, courts examine the substance of a plaintiff's allegations, not merely the labels applied to them.” Johnson v. Dep’t of Veterans Affairs, 351 F. App’x 288, 290 (10th Cir. 2009) (unpublished) (citing Weav…
- Lunnon v. United States, No. 21-2140, 2022 WL 17729999 (10th Cir. Dec. 16, 2022).unpublishedLunnon’s Hafer argument fails because Hafer involved § 1983 claims against a state official, and in Weaver v. United States, 98 F.3d 518 (10th Cir. 1996), we rejected the same argument Lunnon advances here: “‘When an action is one against…
Show 28 more citing cases
- Marker v. Dep't of the Interior Bureau of Land Mgmt., No. 2:20-cv-00631 (D.N.M. Feb. 8, 2022).The doctrine of sovereign immunity provides that “the United States, as sovereign, is immune from suit save as it consents to be sued . . . , and the terms of its consent to be sued in any court define that court’s jurisdiction to entertai…
- Blake, Jr. v. United States, No. 1:18-cv-00570 (D. Colo. Nov. 4, 2020).Johnson v. Dep’t of Veterans Affairs, 351 F. App’x 288, 290 (10th Cir. 2009) (citing Weaver v. United States, 98 F.3d 518, 520 (10th Cir. 1996)).
- Jameel Ibrahim v. Dep't of Vet. Affairs, No. 19-2046 (3d Cir. Oct. 18, 2019).unpublishedCir. 2016) (explaining that § 511 bars district court review of a claim “when ‘underlying the claim is an allegation that the VA unjustifiably denied . . . a veterans’ benefit’”) (citation omitted); Veterans for Common Sense v. Shinseki, 6…
- Spencer v. Fromme, No. 18-6126 (10th Cir. June 12, 2019).unpublished App. at 50 n.5 (quoting Weaver v. United States, 98 F.3d 518, 520 (10th Cir. 1996)).
- Timmy Jones v. United States, 727 F.3d 844 (8th Cir. 2013).publishedThis court’s analysis thus comports with the Tenth Circuits process to “examine the substance of the[ ] allegations, rather than the plaintiffs labels, to determine their true nature.” Weaver v. United States, 98 F.3d 518, 520 (10th Cir.19…
- Turner v. United States, 501 F. App'x 840 (10th Cir. 2012).unpublished Instead, “[w]e examine the substance of [the] allegations, rather than the plaintiffs labels, to determine their true nature.” Weaver *843 v. United States, 98 F.3d 518, 520 (10th Cir.1996).
- Bluestein v. Levenson, 2012 DNH 172 (D.N.H. 2012).published(holding that § 511(a)
- Vets. for Common Sense v. Shinseki, 678 F.3d 1013 (9th Cir. 2012).published Jones, 968 F.2d at 1498 (dismissing veteran’s due pro cess challenge where “[t]he gravamen of the amended complaint [was] that the VA ha[d] failed to provide [the veteran] with adequate care”); Hicks v. Veterans Admin., 961 F.2d 1367, 1369…
- Johnson v. Dep't of Vets. Affairs, 351 F. App'x 288 (10th Cir. 2009).unpublishedWeaver v. United States, 98 F.3d 518, 520 (10th Cir.1996).
- Dambach v. United States, 211 F. App'x 105 (3d Cir. 2006).unpublished(holding that a district court properly dismissed claims of conspiracy, fraud, and misrepresentation against the DVA because, through those claims, plaintiff sought review of actions *109 taken in connection with the den…)
- Banks v. Gonzales, 415 F. Supp. 2d 1248 (N.D. Okla. 2006).published([T]he district court properly substituled the United States as the party defendant in this case, and the doctrine of sovereign immunity precludes this suit [brought under the Federal Tort Claims Act].)
- Waterman v. Commandant, United States Disciplinary Barracks, 337 F. Supp. 2d 1237 (D. Kan. 2004).publishedWeaver v. United States, 98 F.3d 518, 520 (10th Cir.1996).
- Singletary v. United States, 82 F. App'x 621 (10th Cir. 2003).unpublishedRemoval and Remand Singletary sued Lukehart for his negligent conduct performed in his official capacity as a Deputy United States Marshal, *624 an agent of the United States. “ ‘When an action is one against named individual defendants, b…
- Scherer v. United States, 55 F. App'x 517 (10th Cir. 2003).unpublished Weaver v. United States, 98 F.3d 518, 519 (10th Cir.1996).
- Farmer v. Perrill, 275 F.3d 958 (10th Cir. 2001).publishedInstead, any action that charges such an official with wrongdoing while operating in his or her official capacity as a United States agent operates as a claim against the United States (Weaver v. United States, 98 F.3d 518, 520 (10th Cir.1…
- Crocker v. Durkin, 159 F. Supp. 2d 1258 (D. Kan. 2001).publishedWeaver v. United States, 98 F.3d 518, 520 (10th Cir.1996).
- Price, Gordon E. v. United States, 228 F.3d 420 (D.C. Cir. 2000).published 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…
- Cabeza De Vaca Land & Cattle Co. v. Babbitt, 58 F. Supp. 2d 1226 (D. Colo. 1999).publishedWeaver v. United States, 98 F.3d 518, 520 (10th Cir.1996); Western Shoshone Business Council For and on Behalf of Western Shoshone Tribe of Duck Valley Reservation v. Babbitt, 1 F.3d 1052, 1059 (10th Cir.1993); Pleasant v. Lovell, 876 F.2d…
- Louis v. United States, 54 F. Supp. 2d 1207 (D.N.M. 1999).publishedDiscussion A. Law of the Place Under the doctrine of sovereign immunity, “the United States, as sovereign, is immune from suit save as it consents to be sued,... and the terms of its consent to be sued in any court define that court’s juri…
- Weathermon v. Disabled Am. Vets., 15 F. Supp. 2d 940 (D. Neb. 1998).publishedCourts have decided that the following claims asserted by veterans were not within the jurisdiction of federal district courts: a challenge to the constitutionality of procedures used by a regional VA office and the Board of Veterans’ Appe…
- Hron v. Jenkins, 15 F. Supp. 2d 1082 (D. Kan. 1998).publishedWeaver v. United States, 98 F.3d 518, 520 (10th Cir.1996).
- Mason v. Hutton, 141 F.3d 1185 (10th Cir. 1998).unpublishedWeaver v. United States, 98 F.3d 518, 520 (10th Cir.1996).
- King v. United States, 901 F. Supp. 2d 781 (S.D. Miss. 2012).published(where plaintiff challenged denial of benefits and alleged various torts, including conspiracy to lose his records and fraud and misrepresentation, plaintiffs claims were barred under 38 U.S.C. § 511 (a) because “without…)
- Scherer v. Hill, 213 F.R.D. 431 (D. Kan. 2003).publishedSee Weaver v. United States, 98 F.3d 518, 520 (10th Cir.1996).
- Ronald E. Veatch v. United States, 105 F.3d 670 (10th Cir. 1997).published (suit against the United States barred by sovereign immunity)
- Abdullah, No. 3:25-cv-00617 (M.D. Fla. Nov. 21, 2025).The Eleventh Circuit provided these cases as examples: See, e.g., Sugrue v. Derwinski, 26 F.3d 8, 11 (2d Cir. 1994) (“[C]ourts do not acquire jurisdiction to hear challenges to benefits determinations merely because those challenges are cl…
- Donald Johnson v. United States Cong., 151 F.4th 1287 (11th Cir. 2025).published(holding that a district court lacked jurisdiction to consider a litigant’s allegations against Administration officials because he sought “review of actions taken in connection with the denial of [his] administrative clai…)
- McClintock v. Brewer, No. 4:24-cv-01829 (S.D. Tex. Apr. 17, 2025).
At page 519 Examining allegations over plaintiff's labels16 citing casesholding that claims for veteran disability benefits are unreviewable in federal courts
- Watson v. United States Dep't of Vets. Affairs, The, No. 6:22-cv-01275 (D. Kan. July 10, 2023). See 38 U.S.C. § 511 (a); see also Nails v. Slusher, 628 F. App’x 625, 625 (10th Cir. 2016); Weaver v. United States, 98 F.3d 518, 519-20 (10th Cir. 1996).
- Vets. for Common Sense v. Shinseki, 678 F.3d 1013 (9th Cir. 2012).published Jones, 968 F.2d at 1498 (dismissing veteran’s due pro cess challenge where “[t]he gravamen of the amended complaint [was] that the VA ha[d] failed to provide [the veteran] with adequate care”); Hicks v. Veterans Admin., 961 F.2d 1367, 1369…
- United States v. Ballard, 416 F. App'x 744 (10th Cir. 2011).unpublishedWeaver v. United States, 98 F.3d 518, 519 (10th Cir.1996).
- Peavey v. Holder, 657 F. Supp. 2d 180 (D.D.C. 2009).publishedHowever, courts “examine the substance of [a plaintiffs] allegations, rather than the plaintiffs labels, to determine their true nature.” Weaver v. United States, 98 F.3d 518, 519 (10th Cir.1996); see Tietjen v. U.S. Veterans Admin., 884 F…
- Peavey v. Gonzalez, No. 2005-0819 (D.D.C. Sept. 28, 2009).publishedHowever, courts “examine the substance of [a plaintiff’s] allegations, rather than the plaintiff’s labels, to determine their true nature.” Weaver v. United States, 98 F.3d 518, 519 (10th Cir. 1996); see Tietjen v. U.S. Veterans Admin., 88…
- Mehrkens v. Blank, 556 F.3d 865 (8th Cir. 2009).published (holding that claims for veteran disability benefits are unreviewable in federal courts)
- Holroyd v. Dep't of Vets. Affairs, 258 F. App'x 183 (10th Cir. 2007).unpublishedVol. I, tab 23 (quoting Weaver v. United States, 98 F.3d 518, 519 (10th Cir.1996)).
- Wideman v. State of Colorado, 242 F. App'x 611 (10th Cir. 2007).unpublished“We may affirm the district court’s dismissal on any basis supported by the record and the law.” Weaver v. United States, 98 F.3d 518, 519 (10th Cir.1996).
- Buck v. Myers, 244 F. App'x 193 (10th Cir. 2007).unpublished“We may affirm the district court’s dismissal on any basis supported by the record and the law.” Weaver v. United States, 98 F.3d 518, 519 (10th Cir.1996). 1.
- Scherer v. United States, 55 F. App'x 517 (10th Cir. 2003).unpublished Weaver v. United States, 98 F.3d 518, 519 (10th Cir.1996).
Show 5 more citing cases
- Price, Gordon E. v. United States, 228 F.3d 420 (D.C. Cir. 2000).published (the substance of veteran’s claims, not the labels plaintiff assigns them, governs jurisdictional determination)
- Lorita Bryan v. Off. of Pers. Mgmt., 165 F.3d 1315 (10th Cir. 1999).published Weaver v. United States, 98 F.3d 518, 519 (10th Cir. 1996).
- Townsend v. United States, 49 F. App'x 822 (10th Cir. 2002).unpublishedSee Weaver v. United States, 98 F.3d 518, 519-20 (10th Cir.1996).
- King v. United States Dep't of Vets. Affairs, 728 F.3d 410 (5th Cir. 2013).published
- Nails v. Slusher, 628 F. App'x 625 (10th Cir. 2016).unpublished
At page 521 dismissing claim which in substance does nothing more than challenge VA’s underlying benefits decision1 citing case
- Roman Cancel v. United States, 598 F. Supp. 2d 227 (D.P.R. 2008).published(dismissing claim which in substance does nothing more than challenge VA’s underlying benefits decision)
Other citing cases
- Freeman (ID 43826) v. Internal Revenue Serv., No. 5:24-cv-03038 (D. Kan. Mar. 19, 2024).
v.
UNITED STATES of America, Defendant-Appellee
Roland S. Weaver appeals the district court’s decision dismissing his case for lack of subject matter jurisdiction. We affirm.
In October 1994, Weaver filed a pro se complaint seeking “[aggravated service connected disability compensation.” R. Vol. I, Tab 2, at 5. His complaint stated that the regional office of the Veterans Administration (VA) had ruled against him on his claim for disability benefits in December, 1988. Id. at 3. He alleged that certain VA employees had (1) conspired with members of the military to conceal or lose his medical records, in an attempt to prevent him from receiving just military disability compensation, and to practice “usery” [sic] on him with no intent to rule in his favor, id. at 1; (2) violated their fiduciary trust and contractual agreement with him, under color of law, id. at 2; (3) violated the “Soldiers and Sailors Relief Act of 1940,” id.; (4) rendered a biased decision against him, with intent to refuse him or his counsel the right to view his medical records, id. at 3; (5) “violated R.I.C.O.,” id. at 4; and (6) conspired to commit fraud and misrepresentation, and wasted government funds, id. Weaver sought compensatory and punitive damages and “R.I.C.O. prosecution of ‘all’ responsible parties.” Id. 1
On motion of the government, the district court substituted the United States as the proper party defendant. See R. Vol. I, Tabs 4, 16. The court then granted the government’s motion to dismiss, concluding it lacked subject matter jurisdiction over a complaint seeking review of a VA decision that denied individual benefits. See id., Tab 27, at 3-4.
We review de novo the district court’s order dismissing the case for lack of subject matter jurisdiction. Brumark Corp. v. Samson Resources Corp., 57 F.3d 941, 944 (10th Cir.1995). We may affirm the district court’s dismissal on any basis supported by the record and the law. United States v. Sandoval, 29 F.3d 537, 542 n. 6 (10th Cir.1994).
The district court properly concluded that it lacked subject matter jurisdiction over Weaver’s claim for veteran disability benefits or for a review of the VA’s administrative decision in Weaver’s ease. Federal law provides that such decisions are unreviewable in the federal courts:
The Secretary [of Veterans Affairs] shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans_ [T]he decision of the Secretary as to any such question shall be final and conclusive and may [*520] not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.
38 U.S.C. § 511(a) (emphasis added); see Johnson v. Robison, 415 U.S. 361, 370, 94 S.Ct. 1160, 1167, 39 L.Ed.2d 389 (1974) (recognizing statute’s dual purpose of insulating courts and VA from veteran benefits litigation and of insuring uniform determinations of benefits and application of VA policy) (construing predecessor statute, 38 U.S.C. § 211(a)); Tietjen v. United States Veterans Administration, 884 F.2d 514, 515 (9th Cir.1989) (affirming district court dismissal under § 211(a) of challenge to benefits determination); H.R.Rep. No. 1166, 91st Cong., 2d Sess. (1970), reprinted in 1970 U.S.C.C.AN. 3723, 3731 (“Congress intends to exclude from judicial review all determinations with respect to noncontractual benefits provided for veterans_”).
Besides challenging the underlying benefits determination, Weaver’s complaint contains additional allegations of “conspiracy,” “fraud,” “misrepresentation,” and so forth, against individual VA officials. We examine the substance of these allegations, rather than the plaintiffs labels, to determine their true nature. Cf. Tietjen, 884 F.2d at 515. Without exception, they seek review of actions taken in connection with the denial of Weaver’s administrative claim for benefits. They are, in substance, nothing more than a challenge to the underlying benefits decision. Cf. id. (holding that substance of complaint sought review of benefits determination, despite characterization as a constitutional challenge). Dismissal for lack of subject matter jurisdiction was therefore appropriate.
We note that Weaver’s complaint also seeks monetary damages in excess of the benefits sought and denied. See R. Vol. I, Tab 2, at 4. Assuming, then, that his allegations against the individual VA employees are separate claims not precluded from judicial review by 38 U.S.C. § 511(a), they are nevertheless barred by the United States’ immunity as a sovereign. “It is elementary that ‘[t]he United States, as sovereign, is immune from suit save as it consents to be sued ..., and the terms of its consent to be sued in any court define that court’s jurisdiction to entertain the suit.’ ” United States v. Mitchell, 445 U.S. 535, 538, 100 S.Ct. 1349, 1351, 63 L.Ed.2d 607 (1980) (quoting United States v. Sherwood, 312 U.S. 584, 586, 61 S.Ct. 767, 769-70, 85 L.Ed. 1058 (1941)). “A waiver of sovereign immunity ‘cannot be implied but must be unequivocally expressed.’ ” Id. (quoting United States v. King, 395 U.S. 1, 4, 89 S.Ct. 1501, 1503, 23 L.Ed.2d 52 (1969)). Weaver’s pleadings offer no grounds for finding an express waiver of immunity over any of the claims in question and, therefore, no proper grounds for jurisdiction in federal court. [2]
On appeal, Weaver argues that jurisdiction is appropriate, and sovereign immunity inapplicable, under Hafer v. Melo, 502 U.S. 21, 112 S.Ct. 358, 116 L.Ed.2d 301 (1991). See Appellant’s Rebuttal to Defs. Mot. to Dismiss at 1 ¶¶ 1-2 (referencing, without citation, ‘HAFER V. MELO ”). Hafer, however, was an action under 42 U.S.C. § 1983 holding that state officials could be personally liable for damages based on actions taken in their official capacities; it does not apply in this case. Weaver’s own argument on appeal recognizes that the named individual defendants were “operating within their ‘official Capacity’, as Agents, for the U.S. Government.” Id. ¶ 2 (emphasis added). ‘When an action is one against named individual defendants, but the acts complained of consist of actions taken by defendants in their official capacity as agents of the United States, the action is in fact one against the United States.” Atkinson v. O’Neill, 867 F.2d 589, 590 (10th Cir.1989) (emphasis added). As such, the district court properly substituted the United States as the party defendant in this case, and the doctrine of sovereign immunity precludes this suit. See Atkinson, 867 F.2d at 590; National Commodity & Barter Ass’n v. Gibbs, 886 F.2d 1240, 1246 (10th Cir.1989) (plaintiff cannot avoid federal government’s sovereign immunity simply by naming indi[*521] vidual officers and employees as defendants); see also 28 U.S.C. § 2679(d)(1) (district court shall substitute United States as party defendant upon government certification that defendant employees acted within scope of employment); R. Vol. I, Tab 4 attach, (government certification).
For these reasons, we conclude the district court properly dismissed the. complaint. [3]
AFFIRMED. The mandate shall issue forthwith.
. Despite labeling his complaint a petition for "injunctive relief," Weaver requested only money damages as relief for the alleged civil wrongs. His request for criminal prosecution in this civil action was legally frivolous and will not be considered further.
. Neither the Soldiers' and Sailors’ Civil Relief Act of 1940, 50 App. U.S.C. §§ 501-593, nor the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968 — the two federal statutes mentioned by name in Weaver's complaint — provide such an express waiver.
. We need not consider the other issues Weaver raises for the first time in the materials he has submitted to this court. See Walker v. Mather (In re Walker), 959 F.2d 894, 896 (10th Cir.1992).