CAVC- -Breedlove v. Shinseki– Assuming the claim of deceased

Every once in a while Congress enacts a law that affects Veterans. The laws are not always helpful but this one is priceless. 38 U.S.C. 5121A is a law enacted in 2008 that allows a spouse or other legitimate heir to take over a Vet’s claim in the event of his death. Prior to this, if a Vet passed away while he had a claim in progress or an appeal in the works, his claim died with him and his spouse had to start all over again. This was pointless and finally our congressmen and Senators passed legislation that streamlines this process. Henceforth, a spouse or eligible dependant who seeks DIC or accrued benefits can assume the claim and be recognized by the VA as being legitimate without having to start over at square one.As usual, the CAVC has to get involved, analyze the legislation and decide whether it is legit. They have a right to do this and in this case, they find themselves in a pissing match with the VASEC. He is not very happy with the rule and seeks to limit the scope of it. Sorry, General. Not going to happen. The Gods on Mt. Olympus have spoken and you lose on this one.

http://www.uscourts.cavc.gov/documents/Breedlove_08-3059_published_order_8-10-2010.pdf