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VETERANS FOR COMMON SENSE v. PEAKE

No. C-07-3758 SC.

563 F.Supp.2d 1049 (2008)

VETERANS FOR COMMON SENSE and Veterans United for Truth, Inc., Plaintiffs, v. James B. PEAKE, Secretary of Veterans Affairs, United States Department of Veterans Affairs; James P. Terry, Chairman, Board of Veterans Appeals; Daniel L. Cooper, Under Secretary, Veterans Benefits Administration; Bradley G. Mayes, Director, Compensation and Pension Service; Dr. Michael J. Kussman, Under Secretary, Veterans Health Administration; Pritz K. Navara, Veterans Service Center Manager, Oakland Regional Office, Department of Veterans Affairs, United States of America, Defendants.

United States District Court, N.D. California.

June 25, 2008.

Attorney(s) appearing for the Case

Melissa Wendy Kasnitz, Jennifer Weiser Bezoza, Katrina Kasey Corbit, Sidney M. Wolinsky, Disability Rights Advocates, Berkeley, CA, Arturo J. Gonzalez, Heather A. Moser, Stacey Michelle Sprenkel, Morrison & Foerster LLP, San Francisco, CA, Gordon P. Erspamer, Morrison & Foerster, Paul Joseph Taira, Walnut Creek, CA, William Daniel Janicki, Attorney at Law, Sacramento, CA, for Plaintiffs.

Daniel Bensing, Steven Yale Bressler, James Schwartz, Kyle Renee Freeny, Ronald J. Wiltsie, U.S. Dept. of Justice, Washington, DC, Judith Z. Gold, Derek F. Knerr, Jeffrey Akira Finucane, Heller Ehrman LLP, San Francisco, CA, for Defendants.

MEMORANDUM OF DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

SAMUEL CONTI, District Judge.

I. INTRODUCTION

As a preliminary summary to this decision, the Court concludes: In reviewing each of the items of relief requested by Plaintiffs, the grievances of Plaintiffs are misdirected. The remedies to the problems, deficiencies, delays and inadequacies complained of are not within the jurisdiction of this Court. Rather...

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