Estate of Jerry West, Deceased v. Department of Veterans Affairs

FOR REVIE\ry A retroactively-awarded disability payment, by the IJnited States Department of Veterans Afflairs, to a deceased veteran, over which a Kentucky state probate court exercised jurisdiction as part of the decedent's Estate, was seized by the United States Treasury from the Estate's attorney's escrow accoult, without notice or opportunity to be heard, under the purported authority of the Veterans' Judicial Review Act, Pub. L. No. 100-687, 102 Stat. 410 (1988) ("VJRA) and 38 U.S.C. 9511(a). The questions presented are: L) whether the llaited States District Court correctly held that the Kentucky probate court has exclusive jurisdiction over the disability award in question (the "res") under the "probate etrteption" to federal-court jurisdiction;

1. whether the application of the VJRA and 38 U.S.C. $511(a) to the Estate's claim, and United States Government's expropriation of the res from the Estate's attorney's escrow account to the res, violate due process; and

2. whether the lower court erroneously reversed the District Court's remand order, and dismissed the underlying case for lack of subject-matter jurisdiction, given the express Ianguage of 28 U.S.C. gLaAT@) mandating that the underlying action be remanded to the state court.