“When a veteran with a pending benefits claim dies, Congress expressly allows a surviving spouse to be ‘substituted as the claimant.’ 38 U.S.C. § 5121A. Mrs. Crews was granted permission by VA to substitute under this statute when her husband passed away. But the VA refused to allow her to pursue the claim as her husband would have been able to, and the Federal Circuit affirmed.”
“When Congress has directly spoken to the precise question at issue if the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.”
“The question presented is: When Congress enacted 38 U.S.C. § 5121A to authorize for the substitution of a deceased claimant was its intent clear that a substituted appellant could take any action that the deceased claimant could have taken prior to his or her death?”
