ALPOUGH v. NICHOLSON

No. 2006-7304.

490 F.3d 1352 (2007)

Louise ALPOUGH, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 18, 2007.


Attorney(s) appearing for the Case

Henry C. Su, Howrey LLP, of East Palo Alto, California, argued for claimant-appellant. Of counsel on the brief was Michael P. Horan, Paralyzed Veterans of America, of Washington, DC.

Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, and Brian M. Simkin, Assistant Director. Of counsel on the brief were David J. Barrans, Deputy Assistant General Counsel, and Amanda R. Blackmon, Attorney, United States Department of Veterans Affairs, of Washington DC.

Before MICHEL, Chief Judge, DYK, Circuit Judge, and GARBIS, Senior District Judge.


DYK, Circuit Judge.

Appellant Louise Alpough ("Louise") appeals from a decision of the United States Court of Appeals for Veterans Claims ("Veterans Court"). The Veterans Court affirmed a decision of the Board of Veterans' Appeals ("Board") denying Louise's claim for Department of Veterans Affairs ("VA") surviving spouse benefits. We conclude that the Veterans Court erred in holding that Louise's mutually agreed separation

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