Supreme Court Declined Review of Denied VA Mental Health Benefits Case

Bufkin, a state prisoner proceeding pro se, filed a lawsuit seeking an injunction requiring the Department of Veterans Affairs (VA) to reopen his claim for service-connected disability benefits. He alleged that the VA wrongfully denied his application based on a pre-service mental health diagnosis and asserted that his condition had worsened during military service. He named as defendants VA officials, including Secretary Denis McDonough and VA psychiatrist Dr. Collins.

Bufkin served in the U.S. Army and was honorably discharged. He later filed a claim for VA disability benefits for a mental disorder. The VA denied the claim, stating that his mental health condition predated military service and was not aggravated by it. Bufkin sought review by the Board of Veterans’ Appeals and was denied again. He exhausted his administrative appeals but continued to dispute the denial while incarcerated.

In his complaint, Bufkin requested a writ of mandamus or other injunctive relief directing the VA to reconsider his claim and grant service-connected benefits. He alleged that the VA’s decision was discriminatory and violated his constitutional rights. He also sought damages against Dr. Collins in her personal capacity.

Lower courts dismissed claims based on sovereign immunity and jurisdiction

The district court dismissed the action for lack of subject-matter jurisdiction and failure to state a claim. It found that Bufkin’s claims for injunctive relief were barred by 38 U.S.C. § 511, which precludes judicial review of individual VA benefits decisions outside the statutory appeals process. The court also ruled that the United States and its agencies were protected by sovereign immunity and that Bufkin had not identified any waiver.

The court dismissed Bufkin’s damages claim against Dr. Collins, finding it was not cognizable under Bivens v. Six Unknown Named Agents and that qualified immunity applied. The court explained that the VA’s administration of disability benefits is not an area where Bivens remedies have been extended.

Bufkin appealed, and the Fifth Circuit affirmed. It held that the district court correctly concluded that Bufkin’s request to reopen his VA claim was barred by § 511 and that his attempt to sue a VA employee individually was unsupported by precedent. The Fifth Circuit found no constitutional violation that could overcome sovereign or qualified immunity.

Bufkin petitioned for certiorari to the U.S. Supreme Court. The Court denied the petition without comment.

Final outcome

The U.S. Supreme Court denied certiorari. Bufkin’s claims to compel the VA to reopen his mental health benefits application and seek damages were dismissed based on jurisdictional and immunity grounds.

Help with VA disability appeals and mental health claims

If you’ve been denied VA benefits for mental health conditions and are unsure how to proceed with an appeal, Whitcomb, Selinsky PC handles veterans disability cases involving pre-service diagnoses, aggravation during service, and administrative appeals. Reach out to schedule a consultation and learn how our team can assist with your claim.