Haynes v. McDonald
2015 U.S. App. LEXIS 7076
| Fed. Cir. | 2015Background
- Evelyn H. Haynes divorced Donald S. Haynes in May 1995; he died in August 2000.
- Haynes applied for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. §1310, which requires the applicant to be a “surviving spouse” as defined in 38 U.S.C. §101(3).
- The VA Regional Office denied the DIC claim because Haynes was divorced at the time of the veteran’s death and thus did not meet the statutory definition of "surviving spouse."
- Haynes sought to reopen her claim, submitting an Army Board of Correction of Military Records (ABCMR) decision awarding her an annuity as a “former spouse” under the Uniformed Services Former Spouse Protection Act (USFSPA) (Title 10), and argued that she qualified for DIC under the abused-spouse exception in 38 C.F.R. §3.50(b)(1).
- The Board and the Veterans Court denied reopening, concluding the ABCMR recognition as a “former spouse” (under Title 10) does not establish the fact required by Title 38 that Haynes was married to the veteran at his death, and §3.50(b)(1) still requires marriage at death even where separation was due to the veteran’s misconduct.
- The Court of Appeals for the Federal Circuit affirmed the Veterans Court, holding the statutory/regulatory requirement that a surviving spouse be married to the veteran at the time of death admits no exception based on abuse; the USFSPA annuity does not satisfy the Title 38 marital-status requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Haynes’ request to reopen her DIC claim is supported by the ABCMR annuity decision as new and material evidence establishing she was entitled to DIC | Haynes argued the ABCMR annuity (as a “former spouse” under Title 10) constitutes new, material evidence relevant to entitlement and that she alternatively qualifies under the abused-spouse exception in 38 C.F.R. §3.50(b)(1) | VA/Board argued Title 10 recognition as a former spouse does not establish the Title 38 fact required—being the veteran’s spouse at death—and §3.50(b)(1) still requires marriage at death | Held for VA: ABCMR annuity under Title 10 does not satisfy Title 38’s requirement; §3.50(b)(1) contains no exception to the marriage-at-death requirement |
Key Cases Cited
- None (the opinion did not rely on any officially reported cases).