See, e.g., Buzinski v. Brown, 6 Vet. App. 360, 364 (1994); Saunders v. Brown, 4 Vet. App. 320, 326-27 (1993); Dacoron v. Brown, 4 Vet. App. 115, 119 (1993). In addition, the Federal Circuit has authority under 38 U.S.C. § 7292(d) to review a decision of the CAVC involving that court’s interpretation of a constitutional provision. See Albun v. Brown, 9 F.3d 1528, 1530 (Fed. Cir.

The Federal Circuit’s decision is then subject to final review by the Supreme Court upon certiorari. 38 U.S.C. § 7292(c); 28 U.S.C. § 1254. Plaintiff’s claim lies with the Board of Veterans’ Appeals and should be denied for lack of subject matter jurisdiction.

The Federal Circuit’s decision is subject to review by the Supreme Court upon certiorari. 38 U.S.C. § 7292(c); Veterans for Common Sense, 678 F.3d at 1022. In short, challenges to any VA determination of benefits may not be brought in federal district court.

Case 2:16-cv-03802-DLR Document 10 Filed 03/13/17 Page 6 of 13 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Circuit’s decision is then subject to final review by the Supreme Court upon certiorari. 38 U.S.C. § 7292(c); 28 U.S.C. § 1254. In this case, as explained above, the content of the materials Plaintiff filed with this Court demonstrates he seeks review of the VA’s decision to deny his claim for disability benefits.

The Federal Circuit’s decision is then subject to final review by the Supreme Court upon certiorari. 38 U.S.C. § 7292(c); 28 U.S.C. § 1254. In this case, Plaintiff seeks an order compelling the VA to comply with a determination by the Board of Veterans’ Appeals.

The Board of Veterans’ Appeals’ decision may be appealed by the claimant to the Veterans Court, pursuant to 38 U.S.C. § 7252(a), and then, under certain circumstances, to the United States Court of Appeals for the Federal Circuit, pursuant to 38 U.S.C. §§ 7252(c), 7292, and, ultimately to the Supreme Court of the United States. Moreover, this Court’s review of Plaintiff’s claim is prohibited by 38 U.S.C. § 511(a), which provides that: 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 or the dependents or survivors of veterans.

Final decisions of the Court of Appeals for Veterans Claims are appealable to the United States Court of Appeals for the Federal Circuit. 38 U.S.C. § 7292. All other court’s lack jurisdiction to review or supersede the Secretary's authority in matters involving the provision of veterans’ benefits.

An appeal from the Secretary’s decision concerning benefits lies with the Board of Veterans’ Appeals, which is the division within VA responsible for deciding appeals from decisions on claims for veterans’ benefits. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.101(a). The Board of Veterans’ Appeals’ decision may be appealed by the claimant to the Veterans Court, pursuant to 38 U.S.C. § 7252(a), and then, under certain circumstances, to the United States Court of Appeals for the Federal Circuit, pursuant to 38 U.S.C. §§ 7252(c), 7292, and, ultimately to the Supreme Court of the United States. Additionally, this Court’s review of Plaintiff’s claim, which should be construed as one seeking district court review of the VA’s determination under a law that affects the provision of benefits,5 is prohibited by 38 U.S.C. § 511(a), which provides that: 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 or the dependents or survivors of veterans.

38 U.S.C. § 7104(a); 38 C.F.R. § 20.101(a). The Board of Veterans’ Appeals’ decision may be appealed by the claimant to the Case 3:17-cv-00138-RJC-DSC Document 6-1 Filed 05/22/17 Page 17 of 20 18 Veterans Court, pursuant to 38 U.S.C. § 7252(a), and then, under certain circumstances, to the United States Court of Appeals for the Federal Circuit, pursuant to 38 U.S.C. §§ 7252(c), 7292, and, ultimately to the Supreme Court of the United States. Moreover, this Court’s review of Wallace’s claim is prohibited by 38 U.S.C. § 511(a), which provides that: 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 or the dependents or survivors of veterans. Subject to subsection (b),[ ] the decision of the Secretary as to any question shall be final and conclusive and may 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). Section 511 preclusion extends to “those decisions that may affect” veterans’ benefits cases, Veterans for Common Sense v. Shinseki, 678 F.3d 1013, 1025 (9th Cir. 2012) (en banc), and to challenges brought pursuant to the FTCA, Quarles v. United States, 731 F.Supp. 428 (D.Kan. Jan. 26, 1999), “cloaked in constit

The Board of Veterans’ Appeals’ decision may be appealed by the claimant to the Veterans Court, pursuant to 38 U.S.C. § 7252(a), and then, under certain circumstances, to the United States Court of Appeals for the Federal Circuit, pursuant to 38 U.S.C. §§ 7252(c), 7292, and, ultimately to the Supreme Court of the United States. Additionally, this Court’s review of Mr. Wallace’s claim, which can be construed as one seeking district court review of the VA’s determination under a law that affects the provision of benefits,6 is prohibited by 38 U.S.C. § 511(a), which provides that: 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 or the dependents or survivors of veterans. Subject to subsection (b),[ ] the 6 The Code of Federal Regulations defines “benefit” as “any payment, service, commodity, function or status, entitlement to which is determined under laws administered by the Department of Veterans Affairs pertaining to veterans and their dependents and survivors.”