Pate v. Dept. of Veterans Affairs

MEMORANDUM OPINION

ALBRITTON, District Judge.

INTRODUCTION

This cause is before the court on Defendant’s Motion to Dismiss or in the alternative Motion for Summary Judgment, filed on October 31, 1994. The court entered an Order on November 2, 1994, in which it gave notice that Defendant’s motion would be construed as a Motion for Summary Judgment and parties have submitted affidavits and other documentary evidence.

Plaintiff filed this action on August 30, 1994, seeking reversal of the Secretary of Veterans Affairs’ determination that the plaintiff was not due benefits as a surviving spouse of a'…