Dela Cruz v. Principi

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

Jan. 8, 2003

Case

Dela Cruz v. Principi

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

PER CURIAM. Mema R. Dela Cruz appeals from a final judgment of the United States Court of Appeals for Veterans Claims (“Veterans Court”) affirming a decision of the Board of Veterans’ Appeals (“BVA”), which denied reinstatement of veterans’ death pension benefits, after determining that she was not entitled to recognition as the surviving spouse of a veteran. Dela Cruz v. Principi 15 Vet.App. 1438 (2001). Because Ms. Dela Cruz’s appeal does not raise an issue reviewable by this court, we must dismiss the appeal for lack of jurisdiction. BACKGROUND The record shows that Ms. Dela Cruz is the widow of veteran Augustin Dela Cruz, with whom she entered into a ceremonial marriage in 1973. Shortly after her husband’s death in August 1985, Ms. Dela Cruz applied for and was awarded death pension benefits as the surviving spouse of a veteran, pursuant to 38 U.S.C. §§ 1541 and 101(3) (1978). In October 1988, Ms. Dela Cruz’s benefits were discontinued by administrative decision in which it was determined that Ms. Dela Cruz lived with another man, that they held themselves out to the public as husband and wife, and therefore that she no longer qualified as a surviving spouse for purposes of rec…

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