Alleman v. Principi

1 Citing case

  1. Burkhart v. Wilkie

    971 F.3d 1363 (Fed. Cir. 2020)   Cited 1 times
    Explaining that, "as the surviving spouse of a veteran without a service-connected disability," the appellant was "not eligible for home loan guaranty benefits under any of the statutes she relies upon," and "the Veterans Court correctly determined that it lacked the power to grant her equitable relief"

    But VA's home loan guaranty program falls under chapter 37. By expressly enumerating the chapters to which it applies, § 1151 does not redefine a service-connected death or disability for all benefits; it merely "provides an exception that grants compensation for some non-service-connected disabilities, treating those disabilities for some purposes ‘as if’ they were service-connected." Alleman v. Principi , 349 F.3d 1368, 1370–71 (Fed. Cir. 2003) (quoting § 1151(a) ). Note that § 1151(c) also provides for treating an "additional disability under this section ... as if it were a service-connected disability" for title 38, chapters 21 and 39. Again, this provision does not include chapter 37 benefits.