Cabiya San Miguel v. United States Veterans Administrator

OPINION AND ORDER

GIERBOLINI, District Judge.

Plaintiffs Angel R. Cabiya San Miguel and Gloria Burgos de Cabiya, brought this action individually and on behalf of the conjugal partnership constituted by them, and of their two daughters and one son, against the United States Veterans Administration (the Administration), the United States Attorney General and John Doe, for retroactive payment of benefits. Defendants have moved to dismiss and/or for summary judgment in their favor for lack of subject matter jurisdiction on the ground that 38 U.S.C. § 211(a) precludes judicial review of all…