Frederick v. Shinseki, No. 11-7146 (Fed. Cir. 2012)
Annotate this CaseFrederick, previously married to World War II veteran Hill, upon Hill's death became entitled to Dependency and Indemnity Compensation as surviving spouse of a veteran whose death resulted from service-related injury or disease, 38 U.S.C. 1310-1318. In 1986 she remarried at age 57. Until January 1, 2004, the law provided that a surviving spouse receiving DIC benefits lost entitlement to those benefits upon remarriage. The Veterans Benefits, Act of 2003, amending 38 U.S.C. 103(d)(2)(B), added language that “remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of DIC.” Congress also provided new DIC eligibility for surviving spouses who remarried after the age of 57, but before the date of enactment of the Act. The Regional VA Office denied Mrs. Frederick’s 2007 application for reinstatement as untimely. The Board of Appeals rejected her notice argument. The Veterans Court held that she was entitled to benefits. The Federal Circuit reversed, rejecting an argument that she is simply not covered by one-year limitation in subsection (e).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.