10-29 980
10-29 980
| Board of Vet. App. | Nov 30, 2017Background
- Veteran served on active duty 1943–1945 and died in February 2008.
- VA Regional Office and Insurance Center (ROIC) determined in April 2009 that J.C., E.H., and L.R. were entitled to the Veteran’s National Service Life Insurance (NSLI) proceeds based on a beneficiary designation dated December 21, 2007.
- Appellant (power of attorney for S.R., the Veteran’s widow, and later representative of S.R.’s estate) disputed that determination; matter became a contested claim and proceeded to the Board of Veterans' Appeals.
- Board remanded multiple times (2011, 2012, 2016) for due process considerations; a February 2014 Stipulation of Settlement documented an agreement among the parties about division of proceeds.
- On October 26, 2016 the appellant submitted written correspondence withdrawing the appeal, stating all parties were in agreement and the matter was no longer contested.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to Veteran’s NSLI proceeds | Appellant challenged ROIC award to J.C., E.H., and L.R. | ROIC relied on beneficiary designation and parties’ agreement as reflected in a 2014 stipulation | Appeal was withdrawn by appellant; Board dismissed the appeal for lack of jurisdiction to decide the issue |
Key Cases Cited
- DeLisio v. Shinseki, 25 Vet. App. 45 (2011) (withdrawal of appeal must be explicit and with understanding of consequences)
