Sharp v. US, No. 08-5105
A ruling permitting surviving spouses of deceased veterans and military retirees to receive Survivor Benefit Plan (SBP) payments unreduced by the amount of their reinstated Dependency and Indemnity Compensation (DIC) payments is affirmed where the plain language of 38 U.S.C. section 1311(e) unambiguously precludes the DIC-SBP offset of 10 U.S.C. section 1450(c)(1), and partially repeals it so that surviving spouses who receive reinstated DIC by virtue of marrying after age 57 receive their SBP payments unreduced by the amount of their DIC payments.
Appeal from: United States Court of Federal Claims
Decided August 26, 2009
Before Mayer, Clevenger, and Schall, CIrcuit Judges.
Opinion by Mayer, Circuit Judge.
For Appellant: Edward R. Reines, Weil, Gotshal & Manges LLP, of Redwood Shores, California.
For Appellees: Douglas K. Mickle. Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice.
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