Burdell Vaughn v. DENIS R. MCDONOUGH, Secretary of Veterans Affairs

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 30, 2023*
Decided July 5, 2023
Before
FRANK H. EASTERBROOK, Circuit Judge
MICHAEL Y. SCUDDER, Circuit Judge
DORIS L. PRYOR, Circuit Judge
No. 22-3244
BURDELL VAUGHN,
Plaintiff-Appellant,
v.
DENIS R. MCDONOUGH,
Secretary of Veterans Affairs, et al.,
Defendants-Appellees.
Appeal from the United States District
Court for the Northern District of
Illinois, Eastern Division.
No. 1:22-cv-01037
Harry D. Leinenweber,
Judge.
O R D E R
Burdell Vaughn, an Air Force veteran, contends that the Secretary of Veterans
Affairs denied his disability claim in violation of his due process rights. The district
court concluded that it lacked subject-matter jurisdiction to decide his case. We affirm.
* We have agreed to decide the case without oral argument because the briefs and
record adequately present the facts and legal arguments, and oral argument would not
significantly aid the court. F ED. R. A PP . P. 34(a)(2)(C).
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with F ED. R. APP . P. 32.1

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No. 22-3244 Page 2
In 2019, Vaughn applied for disability benefits from the Department of Veterans
Affairs challenging the denial of an earlier application—based on chronic lower back
pain—that dated back to 1992. In his 2019 application, Vaughn contended that the
Department misconstrued and wrongly denied his earlier claim: He asserted that the
Department denied his claim because he missed a scheduled medical exam, even
though at the time he was confined to one of the Department’s mental health facilities.
The Department administratively denied his 2019 claim, concluding that his back injury
did not warrant increased benefits. He appealed to the Board of Veterans’ Appeals,
which upheld the Department’s decision. He then moved the Board to reconsider,
reiterating that the Department bore responsibility for ensuring his attendance at the
missed appointment.
While the motion to reconsider was pending, Vaughn brought this suit against
the Secretary and Veterans Affairs employees for denying benefits with procedural
irregularities.
The district court dismissed the suit for lack of subject-matter jurisdiction under
the Veterans’ Judicial Review Act. Under that Act, the court explained, decisions of the
Board of Veterans’ Appeals may be challenged only in the United States Court of
Appeals for Veterans Claims, and appeals from those decisions may be taken only to
the United States Court of Appeals for the Federal Circuit.
On appeal, Vaughn generally argues that federal courts have jurisdiction to hear
claims like his that assert violations of constitutional rights. But the district court
properly concluded that it lacked jurisdiction over his claims. The Veterans’ Judicial
Review Act establishes the exclusive review procedure through which veterans may
challenge Veterans Affairs adjudication of their individual benefits claims. 38 U.S.C.
§ 511(a); see Evans v. Greenfield Banking Co., 774 F.3d 1117, 1121 (7th Cir. 2014). The Court
of Appeals for Veterans Claims, which sits separate from the Board, maintains
“exclusive jurisdiction” to review Board decisions. 38 U.S.C. § 7252(a). Decisions from
the Court of Appeals for Veterans Claims can then be appealed to the Federal Circuit.
Id. § 7292(c). Vaughn may not do an “end-run around” these jurisdictional limits by
cloaking his challenge in constitutional terms. Evans, 774 F.3d at 1124.
AFFIRMED

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