WESTBERRY v. PRINCIPI

No. 00-7102.

255 F.3d 1377 (2001)

Barbara J. WESTBERRY, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED July 11, 2001.


Attorney(s) appearing for the Case

Cindy B. Smith, Law Office of Cindy B. Smith, of Truckee, California, argued for claimant-appellant. Of counsel on the brief was Jeffrey Wood, of York, PA.

Joseph Trautwein, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. On the brief were David M. Cohen, Director; James M. Kinsella, Deputy Director; and William K. Oliver, Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.

Before PAULINE NEWMAN, MICHEL, and SCHALL, Circuit Judges.


Opinion for the court filed by Circuit Judge MICHEL. Dissenting Opinion filed by Circuit Judge Newman.

MICHEL, Circuit Judge.

Barbara J. Westberry, the surviving spouse of deceased veteran Lamar Westberry, 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...

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