Barela v. Shinseki, No. 09-7002

By FindLaw Staff on November 02, 2009 | Last updated on March 21, 2019

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


Before Michel, Chief Judge, Newman and Prost, Circuit Judges

Opinion by Circuit Judge Prost


For Appellant:  Kenneth M. Carpenter

For Appellee:  Meredyth Cohen Havasy, Commercial Litigation Branch, Civil Division, U.S. Department of Justice

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