CAVC Opinion on Effective Date of Award Under 38 U.S.C. § 5121A
On Nov. 14, 2012, the Court of Appeals for Veterans Claims CAVC issued an opinion in Copeland v. Shinseki. Foremost, the CAVC rejected the claimants argument that Congress’s assignment of the effective date of enactment for 38 U.S.C. § 5121A violated equal protection under the 5th Amendment, U.S. Constitution. Second, the CAVC rejected claimants argument that the VA failed to provide an...
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 does not have standing or authority to receive accrued benefits that were unpaid at the veteran’s death. . . .” Under 38 U.S.C. §...