Opinion
Civil Action No. 08 1142.
June 20, 2008
MEMORANDUM OPINION
This matter is before the Court upon consideration of plaintiff's application to proceed in forma pauperis and his pro se complaint. The application will be granted, and the complaint will be dismissed.
Plaintiff brings this action against the Secretary of Veterans Affairs seeking judicial review of an unspecified agency decision. Because plaintiff relies on 38 C.F.R. § 3.700 as a basis for this Court's jurisdiction, the Court presumes that the agency decision at issue pertains to the award of pension, compensation, or retirement pay. Generally, a federal district court has no authority to review the agency's decision regarding veterans benefits. See 38 U.S.C. § 511; Price v. United States, 228 F.3d 420, 421 (D.C. Cir. 2000) (per curiam), cert. denied, 534 U.S. 903 (2001) (the Veterans' Benefits Act of 1957 "precludes judicial review in Article III courts of VA decisions affecting the provision of veterans' benefits"). Accordingly, the Court will dismiss this action without prejudice. An Order consistent with this Memorandum Opinion will be issued separately on this same date.