Joe Tyson Mathes v. R.L. Hornbarger

FLAUM, Circuit Judge.

In Winslow v. Walters, 815 F.2d 1114 (7th Cir.1987), we held that while federal courts are precluded by 38 U.S.C. § 211(a) from altering Veterans Administration (VA) determinations regarding an award of benefits, federal courts are not divested of jurisdiction over suits challenging the constitutionality of the VA’s procedures under the Due Process Clause of the Fifth Amendment. In the instant appeal, the district court, without the benefit of our decision in Winslow, concluded that it lacked subject matter jurisdiction over appellant’s procedural challenge to the VA’s…