United States Federal Circuit

The Department of Veterans Affairs need not provide an application for death benefits to the separated spouse of a deceased veteran if its records lack any evidence that the separation was solely the fault of the veteran.

Appellate Information

• Decided 07/11/2001
• Published 07/11/2001

Judges

• MICHEL, Circuit Judge., Before PAULINE NEWMAN, MICHEL, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Cindy B. Smith,Law Office of Cindy B. Smith, of Truckee, California, argued for claimant-appellant.   Of counsel on the brief was Jeffrey Wood, of York, PA.


• For Appellees:
  
• Joseph Trautwein, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   On the brief were David M. Cohen, Director;  James M. Kinsella, Deputy Director;  and William K. Oliver, Attorney.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.