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HILJER v. WALTERS

No. 84-3085.

749 F.2d 1553 (1985)

Dwayne Jonathan HILJER, as personal representative of the Estate of Mary Gregg Hiljer, Deceased, Plaintiff-Appellant, v. Harry N. WALTERS, Administrator of Veterans Affairs, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied February 11, 1985.

Attorney(s) appearing for the Case

Frank M. Bosworth, Jr., Clearwater, Fla., for plaintiff-appellant.

David V. Seaman, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Gary J. Takacs, Asst. U.S. Atty., Tampa, Fla., for defendant-appellee.

Before GODBOLD, Chief Judge, FAY, Circuit Judge, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 11, 1985.

PER CURIAM:

The federal courts have no jurisdiction of this claim for veteran's benefits, which, with certain exceptions, are made judicially unreviewable by the VA Finality Statute, 38 U.S.C. § 211(a). Plaintiff seeks to escape the statute by contesting the Administrator's actions in only partially retroactively applying a decision of the Veteran's Board of Appeals, alleging that he has a property...

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