Abstract
U.S. veterans should possess the same access to courts as other Americans, but a misreading of a federal law has led many veterans to be denied an opportunity to assert their civil rights in any judicial forum. That law—38 U.S.C. § 511—grants exclusive jurisdiction over certain federal veterans benefits appeals to a specialized Article I court, the Court of Appeals for Veterans Claims. But federal judges and Department of Veterans Affairs leaders have mistakenly interpreted that grant of exclusive jurisdiction to also close the door to Article III courts, leading veterans’ meritorious claims of systemic discrimination and injustice to be dismissed and ignored. This Article is the first scholarly piece to explore in depth the history, text, and statutory context of 38 U.S.C. § 511, and the statute’s impact on veterans’ ability to assert their rights to remedy injustices in how they access benefits and care. This Article defines the line that separates veterans claims between generalist Article III and specialized Article I court review. The Article concludes with a discussion of certain constitutional and statutory claims that veterans must be able to bring in Article III courts to uphold their rights and advance reform.
Included in
Courts Commons, Disability Law Commons, Elder Law Commons, Jurisdiction Commons, Litigation Commons, Military, War, and Peace Commons
