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10-29 980
10-29 980
| Board of Vet. App. | Nov 30, 2017
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Background

  • 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and L.R. ROIC relied on beneficiary designation and parties’ agreement as reflected in a 2014 stipulation Appeal was withdrawn by appellant; Board dismissed the appeal for lack of jurisdiction to decide the issue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)
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Case Details

Case Name: 10-29 980
Court Name: Board of Veterans' Appeals
Date Published: Nov 30, 2017
Docket Number: 10-29 980
Court Abbreviation: Board of Vet. App.