Staub v. Roudebush

MEMORANDUM OPINION

WADDY, District Judge.

This is an action challenging the constitutionality of 38 U.S.C. § 3404(c)(2) which limits the fees payable to agents or attorneys representing veterans on claims for monetary benefits before the Veterans Administration (VA) to $10 for any one claim.

Relying on Hines v. Lowrey, 305 U.S. 85, 59 S.Ct. 31, 83 L.Ed. 56 (1938), and Hoffmaster v. Veterans Administration, 444 F.2d 192 (3rd Cir. 1971), this Court granted defendant’s motion for judgment on the pleadings and dismissed the action. The Court of Appeals vacated the dismissal and remanded, sub nom.,…