Becker v. Wilkie, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50351
Summary Calendar

BRUCE BECKER,

Plaintiff - Appellant

v.

ROBERT WILKIE, SECRETARY, U.S. DEPARTMENT OF VETERANS
AFFAIRS; THOMAS J. MURPHY, Principal Deputy Under Secretary for
Benefits, Department of Veterans Affairs; MARLAN P. WALDROP, Regional
Director, VA Houston Regional Office,

Defendants - Appellees

Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:16-CV-842

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.
PER CURIAM:*
Bruce Becker, a disabled veteran, proceeding pro se, filed suit in district
court, challenging the U.S. Department of Veterans Affairs’ adjudication of his
benefits determination. Asserting claims under the Constitution and the

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
February 13, 2020

Lyle W. Cayce
Clerk
Case: 19-50351 Document: 00515310270 Page: 1 Date Filed: 02/13/2020

No. 19-50351
2
Administrative Procedure Act, he sought damages and equitable relief,
including a higher disability rating. The district court granted the
Government’s motion to dismiss. It held that, at bottom, Becker seeks review
of his benefits determination. Because the Veterans’ Judicial Review Act
precludes federal district courts from reviewing such claims, the district court
dismissed the case for lack of subject matter jurisdiction.
1
Becker appeals.
We have carefully reviewed the briefs, the record excerpts, and relevant
portions of the record itself. For the reasons stated by the district court in its
order of March 25, 2019, we affirm its dismissal of Plaintiff's case with
prejudice.

1
38 U.S.C. § 511.
Case: 19-50351 Document: 00515310270 Page: 2 Date Filed: 02/13/2020