Legal Opinion
Alpough v. Nicholson
Court of Appeals for the Federal Circuit
Decided June 18, 2007No. 2006-7304PublishedCited by 5 opinions
1Opinion of the Court
DYK, Circuit Judge.
Appellant Louise Alpough (“Louise”) appeals from a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”). The Veterans Court affirmed a decision of the Board of Veterans’ Appeals (“Board”) denying Louise’s claim for Department of Veterans Affairs (“VA”) surviving spouse benefits. We conclude that the Veterans Court erred in holding that Louise’s mutually agreed sep aration from her husband before his death automatically disqualified her from recognition as a surviving spouse. We vacate the Veterans Court’s decision and remand for…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Auer v. RobbinsSupreme Court of the United States · 1997
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981
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3Cited by5 opinions
- Capellan v. PeakeCourt of Appeals for the Federal Circuit · 2008
- Lamour v. PeakeCourt of Appeals for the Federal Circuit · 2008
- Preston Lee Dent v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015
- Capellan v. PeakeCourt of Appeals for the Federal Circuit · 2008
- Preston Lee Dent v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015