ESTATE OF WEST v. U.S. DEPT. OF VETERANS AFFAIRS

Nos. 16-6252/6360.

895 F.3d 432 (2018)

In re: ESTATE OF Jerry WEST, Deceased, Plaintiff-Appellee/Cross-Appellant, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2018.


Attorney(s) appearing for the Case

ARGUED: Lowell V. Sturgill, Jr. , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant/Cross-Appellee. Jason T. Hardin , HARDIN LAW, PLLC, Louisville, Kentucky, for Appellee/Cross-Appellant. ON BRIEF: Lowell V. Sturgill, Jr. , Charles Scarborough , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellant/Cross-Appellee. Jason T. Hardin , HARDIN LAW, PLLC, Louisville, Kentucky, J. Allan Cobb , COBB LAW PLLC, Louisville, Kentucky, for Appellee/Cross-Appellant.

KETHLEDGE, J., delivered the opinion of the court in which BOGGS, J., joined. CLAY, J. (pp. 436-37), delivered a separate dissenting opinion.


OPINION

The Department of Veterans Affairs and the Estate of Jerry West, a Vietnam veteran, dispute whether certain benefits owed to West at the time of his death should be paid to the Estate. The district court remanded that dispute to Kentucky probate court, but the government contends the dispute can be litigated...

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