Legal Opinion
Pelea v. Nicholson
Court of Appeals for the Federal Circuit
Decided August 7, 2007No. 2006-7364PublishedCited by 11 opinions
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
The principal issue is whether the estate of a veteran’s widow may continue to pursue her unadjudicated claim for benefits based on the veteran’s military service. We hold that the estate may not, and therefore affirm the dismissal by the Court of Appeals for Veterans Claims (“Veterans Court”) of the appeal.
I
A. A brief description of the statutory provisions governing benefits claims by veterans and their family members will be helpful in understanding the issue in this case.
Congress has provided separate systems of benefits for veterans and for their surviving…
2Cases cited6 opinions
- Padgett v. NicholsonCourt of Appeals for the Federal Circuit · 2007
- Barbara Haines, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Louis Richard, on Behalf of Philogene Richard, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Carlton F. Seymour, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
- Celerina Pelea v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hyatt v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
- Barney O. Padgett v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
- Robert J. Kiddey v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Simona Suguitan v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2014
- Paul W. Hyatt v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
6 more not listed; retrieve them via the Exa API.