Barbara J. Westberry, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

MICHEL, Circuit Judge.

Barbara J. Westberry, the surviving spouse of deceased veteran Lamar West-berry, appeals the August 9, 1999 decision of a three-judge panel of the United States Court of Appeals for Veterans Claims (“the Veterans Court”), affirming the denial of an earlier effective date for the award and payment of death pension benefits. Westberry v. West, 12 Vet.App. 510 (1999) (“Westberry I ”). Under 38- C.F.R. § 3.150(b), the Department of Veterans Affairs (“VA”) must send an application to “any dependent who has apparent entitlement” to obtain death benefits. 38 C.F.R. § 3.150(b)…