The Case for Concurrent Veterans Benefits: Duplicative but Not Duplicitous

Federal Circuit Bar Journal, Vol. 20, 2011

Posted: 16 Dec 2011

See all articles by Lindsay Irene McCarl

Lindsay Irene McCarl

Government of the United States of America - Navy; University of the Pacific - McGeorge School of Law

Date Written: March 1, 2011

Abstract

“Dual-eligible” individuals are veterans and other qualified individuals (such as the veteran's children, spouse, or parents) who are eligible for more than one similar or identical benefit. The first group of dual-eligible individuals consists of persons eligible for the same benefit via two separate causes, both of which would separately qualify for the allowance. The second major category of dual-eligible individuals consists of persons eligible for two or more distinct types of benefits that Congress prohibits from being received concurrently (such as the veteran who must choose either Dependents' Educational Assistance or Dependency and Indemnity Compensation).

This Article argues why concurrent or duplicative receipt of various military and veteran benefits should be allowed. Even in cases where the veteran or his or her beneficiaries seek multiple receipts of the same benefit, if distinct and independent bases for receiving the benefit exist, the VA should dispense dual compensation.

Keywords: veteran, benefit, government, military, concurrent receipt, widow's tax, GI Bill, SBP, DIC, veterans affairs, pyramiding, disability benefits, veterans claims, Esteban, CRSC, CRDP, Sursely, Amberman, Peake, Shinseki, Osman

Suggested Citation

McCarl, Lindsay Irene, The Case for Concurrent Veterans Benefits: Duplicative but Not Duplicitous (March 1, 2011). Federal Circuit Bar Journal, Vol. 20, 2011, Available at SSRN: https://ssrn.com/abstract=1972506

Lindsay Irene McCarl (Contact Author)

Government of the United States of America - Navy ( email )

Washington, DC
United States

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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