Sucic v. Wilkie
Opinion
The adult children of deceased veteran Jack Sucic appeal the final decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying their motion for substitution.
Sucic v. Shulkin
,
*1097 I
Mr. Sucic served on active duty from July 1973 to August 1979 and from December 1982 to October 1984. J.A. 17. In June 2007, he was granted service connection for post-traumatic stress disorder ("PTSD"), effective January 24, 2003.
The Veterans Court effectuated our ruling by vacating the Board's decision and remanding Mr. Sucic's case to the U.S. Department of Veterans Affairs ("VA") for further development and determination of the effective date.
Sucic v. McDonald
, No. 13-0158,
On April 13, 2016, Mr. Sucic died. J.A. 43-46. His death occurred five days after our mandate issued but before the Veterans Court vacated the Board's decision and remanded the case to the VA. Mr. Sucic's counsel did not notify the Veterans Court of Mr. Sucic's death until several months later, on August 31, 2016, shortly after the Veterans Court issued its mandate.
See
The Veterans Court considered whether Mr. Sucic's three adult children were eligible accrued benefits beneficiaries under
Mr. Sucic's three adult children appealed. We have jurisdiction pursuant to
II
We first provide an overview of the statutory provisions at issue in this appeal.
Substitution in VA proceedings is governed by 38 U.S.C. § 5121A. Section 5121A provides that if the claimant dies, living people eligible to receive accrued benefits under § 5121(a) may be substituted as the claimant(s):
If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may , not later than one year after the date of the death of such claimant, file a request to be substituted as the *1098 claimant for the purposes of processing the claim to completion.
38 U.S.C. § 5121A(a)(1) (emphases added).
The statute governing accrued benefits is
(2) Upon the death of a veteran, to the living person first listed below:
(A) The veteran's spouse.
(B) The veteran's children (in equal shares).
(C) The veteran's dependent parents (in equal shares).
Congress also enacted a definitions section for Title 38.
(4)(A) The term "child" means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and section 8502(b) of this title) a person who is unmarried and-
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
....
III
We have exclusive jurisdiction to "review and decide any challenge to the validity of any statute or regulation or any interpretation thereof" by the Veterans Court "and to interpret constitutional and statutory provisions, to the extent presented and necessary to a decision."
"In statutory construction, we begin 'with the language of the statute.' "
Kingdomware Techs., Inc. v. United States
, --- U.S. ----,
IV
The issue before us is whether the Veterans Court erred in denying Mr. Sucic's
*1099
children's motion to substitute by determining that they did not qualify as accrued benefits beneficiaries under
Mr. Sucic's adult children argue that "[t]he veteran's children" includes non-dependent, adult children, while the Secretary of Veterans' Affairs ("Secretary") argues that "[t]he veteran's children" excludes non-dependent, adult children. While the parties argue for opposing interpretations of "[t]he veteran's children," they both contend that the statute is clear and unambiguous in favor of their interpretation. See Appellant's Br. 8; Appellee's Br. 14.
We agree with the Secretary that the term "[t]he veteran's children" used in § 5121(a)(2)(B) clearly and unambiguously excludes Mr. Sucic's non-dependent, adult children.
Congress specifically defined "child" as "a person who is unmarried" and, among other things, who is "under the age of eighteen years," or who "became permanently incapable of self-support" before turning eighteen, or who is "pursuing a course of instruction at an approved educational institution" and is eighteen to twenty-three years old.
Mr. Sucic's adult children do not argue that they satisfy the definition of "child" under § 101(4)(A). Instead, they make several arguments that the term "[t]he veteran's children" in § 5121(a)(2)(B) should not be interpreted using the definition of "child" in § 101(4)(A). We address each argument in turn.
First, Mr. Sucic's adult children argue that the plain and ordinary meaning of "[t]he veteran's children" in § 5121(a)(2)(B) does not contain any limitations on the age or dependence of the children and should therefore include non-dependent, adult children, despite the definition of "child" in § 101(4)(A). Appellant's Br. 3-4, 8-9; Reply Br. 2-3, 8-10. However, " '[w]hen a statute includes an explicit definition, we must follow that definition,' even if it varies from a term's ordinary meaning."
Digital Realty Tr., Inc. v. Somers
, --- U.S. ----,
Mr. Sucic's adult children also argue that Congress specifically limited the third group of eligible accrued benefits beneficiaries-"[t]he veteran's dependent parents"-in
*1100
§ 5121(a)(2)(C) to dependent parents but did not similarly limit "[t]he veteran's children" in § 5121(a)(2)(B) to dependent children. Appellant's Br. 3-4, 9, 17-22; Reply Br. 6, 12-14. However, the definition of "child" from § 101(4)(A) is already limited to minor or otherwise dependent children.
See
(5) The term "parent" means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before the veteran's entry into active military, naval, or air service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran's last entry into active military, naval, or air service.
Mr. Sucic's adult children also argue that interpreting "[t]he veteran's children" to exclude non-dependent, adult children would lead to "an absurd result" when read in conjunction with the statutory directive for "[t]he veteran's children" to receive the accrued benefits "in equal shares."
See
Appellant's Br. 13;
Finally, Mr. Sucic's adult children argue that the Veterans' Benefits Improvement Act of 2008, codified at 38 U.S.C. § 5121A, "fundamentally changed the accrued benefits framework." Appellant's Br. 15-17;
see also
Reply Br. 14-16. However, Mr. Sucic's adult children cite no supporting evidence, and we find none, of such congressional intent to persuade us that § 5121A changed the definition of "child" in § 101(4)(A), its applicability to § 5121, or the listing of eligible accrued benefits beneficiaries set forth in § 5121(a)(2).
See
Appellant's Br. 15-17. Although we acknowledge that the 2008 Act allowed the substitution of accrued benefits beneficiaries into the proceedings of the deceased veteran from whom their claims are derived, the 2008 Act did not change which individuals are eligible in the first place, as defined in
We have considered Mr. Sucic's adult children's remaining arguments and find them unpersuasive.
We hold that the term "[t]he veteran's children" in § 5121(a)(2)(B) is clearly and unambiguously governed by the definition of "child" in § 101(4)(A) and that Mr. Sucic's non-dependent, adult children are not eligible accrued benefits beneficiaries as "[t]he veteran's children."
Because we find the statute unambiguous, we do not reach the issue of deference due to the VA's interpretation of "[t]he veteran's children."
See
Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc.
,
V
We affirm the decision of the Veterans Court denying Mr. Sucic's adult children's motion for substitution because they are not eligible accrued benefits beneficiaries under
AFFIRMED
Although § 101(4)(A) defines "child" in the singular and § 5121(a)(2)(B) refers to "children" in the plural, the definition of "child" applies equally when used in the plural.
See
Reference
- Full Case Name
- Jack SUCIC, Claimant-Appellant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee
- Cited By
- 12 cases
- Status
- Published