Youngman v. Shinseki

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Youngman, fiduciary for deceased veteran Richardson, sought payment of accrued benefits of about $350,000 that had been awarded to Richardson before his death. Payment had been delayed while the Kansas state courts were accrediting Youngman as successor fiduciary for Richardson, who had been adjudged incompetent several years earlier. Richardson died after the accreditation but before payment. The VA denied payment. The Court of Appeals for Veterans Claims affirmed. Periodic monetary benefits to which an individual was entitled at death are to be paid to the veteran's spouse, children, or dependent parents and, in “all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial” 38 U.S.C.5121(a). Richardson had only cousins as heirs. The Federal Circuit affirmed. While 38 U.S.C. 5502 allows a fiduciary to stand in the shoes of a veteran, it does not grant the fiduciary rights beyond those of the veteran himself. Richardson died without any heirs in the categories qualifying under 5121, so his unpaid benefits died with him. View "Youngman v. Shinseki" on Justia Law