Legal Opinion

Geraldine Durant v. United States of America, Veterans Administration and Donald Curtis, Acting Administrator

Court of Appeals for the Eleventh Circuit

Decided January 10, 1985No. 83-3594Published

1Per curiam

As in Hiljer v. Walters, 749 F.2d 1553 (11th Cir.1984), decided the same date, appellant’s attempt to escape the bar on judicial reviewability imposed by 38 U.S.C. § 211(a), by alleging deprivation of a property interest in the form of the benefits claimed, is unavailing.

Appellant also charges that the regulations of the VA concerning the time for filing a claim are unconstitutional. Assuming that the district court had jurisdiction to entertain this claim, see Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974), the principal basis for the constitutional claim is that it…

2Cases cited2 opinions

  1. Johnson v. RobisonSupreme Court of the United States · 1974
  2. Dwayne Jonathan Hiljer, as Personal Representative of the Estate of Mary Gregg Hiljer, Deceased v. Harry N. Walters, Administrator of Veterans AffairsCourt of Appeals for the Eleventh Circuit · 1985

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