VA Lien on Wrongful Death Settlement

Client is injured in auto accident, suffers two weeks and dies. Liability tenders $100,000 limits, which is just about the amount of VA lien. Deceased leaves only three siblings and his mother, none dependent. Does VA get the whole tender?

Answer: The siblings have no claim as a matter of law. See: Clark v. Jones,1983 OK 10, 658 P.2d 1147: Siblings have no claim for loss of love, affection and companionship, under 12 O.S. 1981 ยงยง1053 and 1055. The mother does have a claim for loss of lover and affection, etc. VA does have a claim against the whole thing under the federal medical care recovery act and will get the whole thing unless they agree to reduce.