Freda Greenwood and Peggy O'leary, Individually and as Representatives of the Estate of William Greenwood, Deceased v. United States

CLARK, Chief Judge:

This case concerns the method by which the United States may set-off death benefits payable to the widow of a veteran against a judgment under the Federal Tort Claims Act for negligently causing the veteran’s death. We affirm the district court’s decision limiting the government to withholding future payments pursuant to 38 U.S.C. § 410(b)(2).

I

Colonel William Greenwood served in the United States Armed Forces for over 25 years. He served in World War II as a private. He retired a full colonel in the United States Air Force in 1970.

Colonel Greenwood retired with a disability…