United States Federal Circuit

38 U.S.C. section 5121(a) limits the recovery of a survivor of a veteran to a maximum two-year period of benefits accrued at any time during the veteran's life; recovery is not limited to those benefits that accrued in the two years immediately preceding the veteran's death.

Appellate Information

• Decided 05/10/2004
• Published 05/10/2004

Judges

• Before RADER, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter Chartered, of Topeka, Kansas, argued for claimant-appellant.


• For Appellees:
  
• Nancy M. Kim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and James M. Kinsella, Deputy Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel;  and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel were Domenique Kirchner, Principal Attorney;  and Kathleen A. Kohl, Attorney, United States Department of Justice, of Washington, DC.