Federal Circuit Opinion on Unpaid Benefits After Veteran’s Death

On November 9, 2012, the Federal Circuit issued an opinion in Youngman v. Shinseki regarding a fiduciary’s eligibility to receive unpaid benefits due upon a veteran’s death.  The Federal Circuit held that “a veteran’s fiduciary [on behalf of the veteran’s estate] does not have standing or authority to receive accrued benefits that were unpaid at the veteran’s death. . . .”  Under 38 U.S.C. § 5121(a) accrued or unpaid benefits upon a veteran’s death can only be paid to: (A) the veteran’s spouse; (B) the veteran’s children; or (C) the veteran’s dependent parents.  Otherwise, accrued benefits can only be paid for expenses related to “last sickness and burial.”  The decision can be accessed at Youngman v. Shinseki.