Discharged VA Doctor’s Suit Barred by Veterans’ Benefits Act

Aug. 3, 2021, 3:56 PM

A former Department of Veterans Affairs doctor lost a suit contesting his discharge because the Veterans’ Benefits Act is a comprehensive statutory remedial scheme that precludes judicial review of the agency’s disciplinary decisions, the Eleventh Circuit said Tuesday.

Said Hakki also didn’t present a viable due process claim arising out of his discharge, nor did he establish a clear right to relief or the VA’s clear duty to reinstate him that would have brought the case within a federal trial court’s jurisdiction, the U.S. Court of Appeals for the Eleventh Circuit said.

Hakki took leave without pay from the ...

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