Staub v. Johnson

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Appellant challenges the constitutionality of 38 U.S.C. § 3404(c), which limits the fees payable to agents or attorneys representing veterans on claims for monetary benefits before the Veterans Administration (VA) to $10 per claim. The District Court dismissed the complaint for failure to present a substantial constitutional issue. Since we find that the constitutional questions raised by appellant are not insubstantial, we reverse and remand for further proceedings.

Appellant Staub, a veteran who served on active…