Westberry v. West

I cannot join in the en banc order denying the appellant’s November 24, 1999, motion for a full Court decision. I believe that the appellant presents a strong argument that the Court’s opinion in Westberry v. West, 12 Vet.App. 510 (1999) (Westberry I), will result in an unauthorized, premature adjudication by the Department of Veterans Affairs (VA) of surviving-spouse eligibility prior to sending the application for death pension required by 38 C.F.R. § 3.150(b) (1999). Such a pre-mailing adjudication appears not to be in accordance with applicable law and regulation. Hence, I am inclined to…