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United States Federal Circuit


Carroll v. McDonald, 14-7008

Denial of Carroll's claim to Dependency and Indemnity Compensation (DIC) benefits is affirmed, where: 1) Carroll was married to a veteran until his death from heart problems in 1992, and she remarried two years later at age 64; 2) the Veterans Benefits Act of 2003 authorized DIC benefits for surviving spouses who remarry after age 57, creating a temporary filing window that closed in December 2004 for those who remarried prior to the Act; and 3) because Carroll is a member of the remarried surviving spouse class contemplated by the Act, her eligibility for DIC benefits terminated when the one-year filing window closed in December 2004.

Appellate Information

  • Decided 09/24/2014
  • Published 09/24/2014

Judges

  • Chen

Court

  • United States Federal Circuit

Counsel

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