Forshey v. Principi

284 F.3d 1335 (2002) (en banc)

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Forshey v. Principi

United States Court of Appeals for the Federal Circuit
284 F.3d 1335 (2002) (en banc)

CS

Facts

Rezi Forshey (plaintiff) sought service-connected survivor benefits from the Department of Veterans Affairs (the VA) (defendant) following the death of her husband while he was an active-duty member of the military. The VA denied Forshey’s claim on the grounds that her husband’s death was proximately caused by intoxication. After extensive proceedings, including appeal to the United States Court of Appeals for Veterans Claims (the veterans court), the matter came on rehearing en banc before the United States Court of Appeals for the Federal Circuit (the federal circuit). Three issues of law were raised in the rehearing, two of which had not been previously raised, and one that had been raised before the veterans court. The federal circuit considered whether it had, and should exercise, jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Dyk, J.)

Dissent (Mayer, C.J.)

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