United States Federal Circuit

Denial of a request to reopen a claim for survivor benefits as the spouse of a veteran is vacated and remanded where the issue of whether claimant and decedent had a valid marriage was not considered with application of the "deemed valid" criteria in the relevant regulation, and since this aspect was the sole basis of the rejection of claimant's petition to reopen her claim.

Appellate Information

• Decided 10/10/2008
• Published 10/10/2008

Judges

• NEWMAN, Circuit Judge., Before NEWMAN, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Adelina C. Lamour, of Olongapo City, Philippines, pro se.


• For Appellees:
  
• David M. Hibey, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee.   With him on the brief were Jeanne E. Davidson, Director and Donald E. Kinner, Assistant Director.   Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel and Jane C. Kang, Attorney, United States Department of Veterans Affairs, of Washington, DC.