United States Federal Circuit

In this case involving hypothetical entitlement, the decision of the Veterans Court affirming the Board of Veterans Appeals decision denying claimant's entitlement to enhanced dependency and indemnity compensation under 38 U.S.C. section 1311 is affirmed, where: 1) the Secretary of Veterans Affairs has consistently disfavored hypothetical entitlement; and 2) on balance, the Princess Cruises, Inc. v. US factors weigh in favor of applying the amendment to 38 C.F.R. section 20.1106 and promulgation of 38 C.F.R. section 3.10(f) to retroactively bar claimant's hypothetical entitlement claim.

Appellate Information

• Decided 01/21/2015
• Published 01/21/2015

Judges

• O'Malley

Court

• United States Federal Circuit

Counsel