Stillwell v. Brown

Geraldine Stillwell (plaintiff) was the widow of a veteran who applied for surviving-spouse benefits with the Department of Veterans Affairs (the VA) (defendant). Eligibility for such benefits included a continuity-of-cohabitation requirement, under which the surviving spouse must have lived continuously with the veteran during the marriage until the veteran’s death, except if a separation was due to the misconduct of the veteran without fault of the spouse. Stillwell had not lived continuously with her husband, but the separation was the result of her husband’s abusive conduct. The VA and the Board of Veterans’ Appeals (the board) denied Stillwell’s claim based on a determination that Stillwell’s post-separation conduct showed she never planned to live with her husband again, which under VA regulations violated the continuity-of-cohabitation requirement. Stillwell appealed to the United States Court of Appeals for Veterans Claims (the veterans court). While her appeal was pending, the veterans court issued Gregory v. Brown, which held that under the governing statute, only the spouse’s conduct at the time of separation, and not after, could be considered. The VA immediately acknowledged the impact of the Gregory decision on Stillwell’s case and joined Stillwell in filing a joint motion requesting a remand of the matter back to the board for reconsideration. The veterans court granted the joint motion, vacated the board decision, and remanded the case. Stillwell filed an application with the veterans court for an award of costs under the Equal Access to Justice Act (EAJA).