Dorothy M. Moffitt v. Eric K. Shinseki

HAGEL, Judge:

Dorothy M. Moffitt appeals through counsel a November 23, 2010, Board of Veterans’ Appeals (Board) decision that denied entitlement to enhanced dependency and indemnity compensation under 38 U.S.C. § 1311. On September 16, 2013, this appeal was assigned to a panel of the Court, and the Court heard oral argument on December 12, 2013.

During the pendency of Mrs. Moffitt’s appeal, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Kernea v. Shinseki 724 F.3d 1374 (Fed.Cir.2013), which prohibits appellants from substantiating a claim for…