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Berta, Did You Know This?
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Guest Morgan
Berta,
I took this from the link Railroader posted--Citation's Changes. The part in red was interesting. Were you the Administratix of the Estate?
TORT JUDGMENTS--DIC OFFSET BY FTCA5 JUDGMENT
§ 38 U.S.C. § 1151 (1995) provides for Dependency Indemnity Compensation to be offset by Federal Tort Claims Act (FTCA) judgments. In the case VA compensation paid to the widow results in a reduced judgment, the widow’s remedy is through “the U.S. District Courts that would have jurisdiction over questions arising from that litigation”. Gantt v. Principi, 16 Vet.App. 89, 95 (2002) quoting Bryan v. West, 13 Vet.App. 482, 486 (2000). Another question is the appellant’s legal status in the FTCA litigation. Depending on whether her legal status was the direct beneficiary or the Administratix of the Estate, the amounts of money offset would be different. Monies paid to the estate are not offset. Id citing Neal v. Derwinski, 2 Vet.App. 296, 299 (1992). The Court also found that the widows legal status in the FTCA litigation would determine whether or not legal fees would be included in the VA offset against the widow’s DIC payments. Id at 96 citing 38 U.S.C. § 1151.
Carrie
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