Howard E. Chandler v. Eric K. Shinseki

The critical question before the Court in this case is what did Congress intend when drafting the language contained in 38 U.S.C. § 1513(a). The plain language is inexact and unclear. Contrary to the dissent’s assertion, the answer, ultimately, is that Congress’s intent is ambiguous and that ambiguity must be resolved in favor of the veteran. Brown v. Gardner, 513 U.S. 115, 118, 115 S.Ct. 552 (1994).

Section 1513(a) provides:(a) The Secretary shall pay to each veteran of a period of war who is 65 years of age or older and who meets the service requirements of section 1521 of this title [38…