A decision of the U.S. Court of Appeals for Veterans Claims’, denying a surviving spouse’s claim for dependency and indemnity compensation (DIC) from the Department of Veterans’ Affairs, is affirmed as the government’s interpretation of 38 U.S.C. section 1311(a)(2) is correct as it does not provide a stand-alone or independent basis for entitlement to DIC benefits.
Read Barela v. Shinseki, No. 09-7002
Appellate Information
Appeal from: United States Court of Appeals for Veterans Claims
Decided November 3, 2009
Judges
Before Michel, Chief Judge, Newman and Prost, Circuit Judges
Opinion by Circuit Judge Prost
Counsel
For Appellant: Kenneth M. Carpenter
For Appellee: Meredyth Cohen Havasy, Commercial Litigation Branch, Civil Division, U.S. Department of Justice
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