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THOMAS v. PRINCIPI

No. 03-5182.

394 F.3d 970 (2005)

Oscar L. THOMAS, Appellant v. Anthony J. PRINCIPI, Secretary, Department of Veterans Affairs, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2005.

Attorney(s) appearing for the Case

Matthew T. Reinhard, appointed by the court, argued the cause as amicus curiae in support of appellant. With him on the briefs was Alan I. Horowitz.

Oscar L. Thomas, pro se, filed briefs for appellant.

Pamela D. Huff, Assistant U.S. Attorney, argued the cause for appellees. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney.

Before: GINSBURG, Chief Judge, and TATEL and ROBERTS, Circuit Judges.

TATEL, Circuit Judge.

The Veterans' Judicial Review Act not only provides that the Secretary of Veterans Affairs "shall decide all questions of law and fact necessary to a decision ... under a law that affects the provision of benefits," but also bars district courts from reviewing such decisions. In this case, we must decide whether this provision deprives the district court of jurisdiction over an action brought pursuant to the Federal Tort Claims Act by a veteran...

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