United States Federal Circuit

Judgment of the United States Court of Appeals for Veterans Claims affirming the decision of the Board of Veterans Appeals denying claimant Dixon's claim for "garnishment" of her deceased ex-husband's disability compensation is affirmed, where: 1) the Department of Veterans Affairs (VA) had never been served with legal process instructing garnishment; 2) 42 U.S.C. section 659(i)(5) requires that a garnishment order or similar legal process be served on the VA in order for the VA to garnish veteran's payments; and 3) no error of law is discerned in the ruling that, absent notice to the VA of the veteran's legal obligation, the VA is not liable for such obligation after the veteran's death.

Appellate Information

• Decided 02/20/2015
• Published 02/20/2015

Judges

• Newman

Court

• United States Federal Circuit

Counsel