United States Federal Circuit

Denial of a claim for Department of Veterans Affairs (VA) surviving spouse benefits is vacated and remanded where the United States Court of Appeals for Veterans Claims erred in holding that claimant's mutually agreed separation from her husband before his death automatically disqualified her from recognition as a surviving spouse.

Appellate Information

• Decided 06/18/2007
• Published 06/18/2007

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, DYK, Circuit Judge, and GARBIS, Senior District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Henry C. Su, Howrey LLP, of East Palo Alto, California, argued for claimant-appellant.   Of counsel on the brief was Michael P. Horan, Paralyzed Veterans of America, of Washington, DC.


• For Appellees:
  
• Claudia Burke, 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, and Brian M. Simkin, Assistant Director.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Amanda R. Blackmon, Attorney, United States Department of Veterans Affairs, of Washington DC.