Scott v. Principi

3 Vet. App. 352, 1992 U.S. Vet. App. LEXIS 333, 1992 WL 275879
CourtUnited States Court of Appeals for Veterans Claims
DecidedOctober 9, 1992
DocketNo. 91-463
StatusPublished
Cited by3 cases

This text of 3 Vet. App. 352 (Scott v. Principi) is published on Counsel Stack Legal Research, covering United States Court of Appeals for Veterans Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Principi, 3 Vet. App. 352, 1992 U.S. Vet. App. LEXIS 333, 1992 WL 275879 (Cal. 1992).

Opinions

IVERS, Associate Judge, filed the opinion of the Court. KRAMER, Associate Judge, filed a concurring opinion. STEIN-BERG, Associate Judge, filed a concurring opinion.

IVERS, Associate Judge:

Appellant, Mary Scott, appeals from a February 15, 1991, Board of Veterans’ Appeals (BVA or Board) decision which denied death pension benefits to her. The Board did not find appellant to be the surviving spouse of the deceased veteran, John Sco-gin. For the reasons set forth below, the Court vacates the BVA decision and remands the case to the Board for readjudication consistent with this opinion.

I. BACKGROUND

John Scogin served in the United States Army from January 14, 1943, to December 8, 1945. The veteran was first married in January 1947 to Gladys Ayers Scogin. R. at 5. They separated on September 30, 1948. R. at 2. They were divorced in 1949. R. at 9. On March 1, 1965, the veteran married his second wife, Eunice Barns Sco-gin. R. at 102, 104. On October 31, 1973, the veteran filed with the Veterans’ Administration (now Department of Veterans Affairs) (VA) an Income — Net Worth and Employment Statement (Income Statement). R. at 12-13. Although he was still married to Eunice Bams Scogin, the veteran described himself, on that form, as divorced, with no current wife. R. at 12. On February 13, 1974, a divorce decree was entered in the Circuit Court of Winston County, [353]*353Alabama, divorcing the veteran and Eunice Bams Scogin. R. at 80. On July 17, 1974, the veteran filed an Income Statement. R. at 14-15. This time, the veteran indicated on the form that he had never married, although he clearly had been married twice. R. at 14. On March 6, 1975, the veteran began receiving Social Security benefits. R. at 18. According to appellant, she began living with the veteran on January 3, 1976. R. at 104, 106. On February 9, 1976, the veteran filed another Income Statement. R. at 16-17. On that form, the veteran simply stated that he was divorced.

On April 24, 1978, the veteran listed appellant as the beneficiary of his life insurance policy. However, the veteran listed appellant as a “sister” not as a “spouse.” R. at 74. The rating board, in a September 26, 1978, rating decision found appellant “unemployable,” and granted him pension benefits. R. at 20. In a later letter, the veteran was informed that in order to receive his pension benefits, he had to fill out a Statement of Income and Net Worth for both himself and his wife, if he was married. R. at 21.

On October 19, 1978, the veteran filed his Income Statement and claimed he was divorced from a Eunice Riddle. R. at 27. (The Court is assuming that Eunice Riddle and Eunice Bams Scogin are the same person.) On November 6, 1978, the veteran was awarded pension benefits. R. at 29. Periodically, from January 15, 1979, through May 3, 1989, the veteran continued to file either a Statement of Income and Net Worth — Disability form or an Improved Pension Eligibility Verification Report in which he either did not provide any information regarding his marital status or stated that he was “not married.” R. at 31, 35, 45, 49, 55, 60.

The veteran died on June 5, 1990. R. at 66. On June 18, 1990, VA received statements by Mittie Chandler, Roy Harris, and Malcom H. Boyles, a former VA employee, attesting to the common-law marriage of Mary Scott and the veteran. R. at 67, 69, 71. On June 18, 1990, appellant filed an application for death pension benefits. R. at 82-85.

On July 2, 1990, appellant filed a Statement of Marital Relationship (R. at 92-93) and Supporting Statements Regarding Marriage signed by Mary Ellen Riddle and Thelma H. Baxter. R. at 88-91. Mary Ellen Riddle claimed that she was appellant’s daughter and the veteran’s stepdaughter. R. at 88. (Later that month, appellant filed a statement in support of claim in which she stated that Mary Ellen Riddle was her daughter by her first husband, William Scott, and was the veteran’s stepdaughter. R. at 104-05.) Thelma H. Baxter claimed to be appellant’s and the veteran’s niece. R. at 90.

On July 10, 1990, the veteran’s brother, Virgil Scogin, filed an application with VA for burial benefits. In filling out the application, Virgil Scogin provided no spousal information except for marking “divorced” for the marital status of his brother. R. at 97-98. On July 20, 1990, appellant was awarded Retirement, Survivors and Disability Insurance by the Social Security Administration (SSA). R. at 99-100.

On July 27, 1990, VA sent a letter to appellant requesting additional information. R. at 102. In return, on July 31, 1990, appellant filed a Statement in Support of Claim, in which she clarified discrepancies regarding some dates and other matters that were evident in the letter from VA. R. at 104. On August 14, 1990, an Administrative Decision was made by VA Regional Office, determining that a common-law marriage did not exist between the deceased veteran and appellant. R. at 106-07.

The Certificate of Death, dated July 3, 1990, stated that the veteran was divorced and that he did not have a surviving spouse. That information was provided by his brother, Virgil Scogin. R. at 96. On September 7, 1990, Larry Gilliland, manager of Nichols Funeral Home, whose signature appears on the Certificate of Death, submitted a sworn statement to VA which attested to the fact that the veteran and appellant had lived together as a man and wife for 14 years prior to the veteran’s death. R. at 111.

[354]*354On September 7, 1990, Hobby Walker, Sheriff of Winston County, Alabama, and the Honorable Billy C. Ford, Probate Judge for Winston County, submitted sworn statements to VA attesting to the common-law marriage between the veteran and appellant. R. at 114.

On September 10, 1990, appellant filed her Notice of Disagreement with the August 14, 1990, Administrative Decision. R. at 109. On October 25, 1990, a Statement of the Case was sent to appellant. R. at 119-23. Appellant was denied death pension benefits because VA found that she was employed by the veteran rather than living together with him as man and wife. R. at 122. The BVA affirmed the denial on February 15, 1991. Appellant made a timely appeal to this Court. This Court has jurisdiction to hear this case pursuant to 38 U.S.C. § 7252 (formerly § 4052).

II. ANALYSIS

In applying for death pension benefits, an appellant must submit a well-grounded claim in support of her status as a claimant. Although the concurring judges might wish it otherwise, this Court has held that this requires an appellant to first provide sufficient evidence to establish, by a preponderance of the evidence, that she is the spouse of the veteran. Aguilar v. Derwinski, 2 Vet.App. 21, 23 (1991). A spouse has a number of ways in which to supply proof of marital status. 38 C.F.R. § 3.205(a) (1991).

According to 38 C.F.R. § 3.1(j) (1991), a marriage is valid if “valid under the law of the place where the parties resided at the time of marriage, or the law of the place where the parties resided when the right to benefits accrued.” Although the veteran’s correspondence with VA can be construed as evidence that he was not married, it is not the only evidence provided in this case.

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Bluebook (online)
3 Vet. App. 352, 1992 U.S. Vet. App. LEXIS 333, 1992 WL 275879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-principi-cavc-1992.