offset and recruitment to collect the same you're not going to argue the point before no your honor although i'd be pleased responding to questions the court might have about that i would lay would like to confine my remarks to the first two objection it does it does your honor the issue before the court of correct interpretation of thirty eight u s the eleven fifty one b ones offset language we agree the parties agree that the da has a right to  but once you enter into an agreement and you execute it doesn't go into legal effect at that point in time and ending any lack of performance in the future when there be a breach of the agreement well we're looking at the purpose of being final for commencing the offsets remedy the legislative history shows that the congress and tended that da would have paid the settlement or paid the judgment the this issue this is viewed as about seven thousand dollars because the amount the amount that was whose beef with them became final you know your honor the dispute is about two hundred thousand dollars there are two agreements there were two essential because several parties being several family members two essential causes of faction the pre death injuries and the post death entries of the present is that it should be for us so we're supposed to decide in this case whether or not the the said it's not relevant but it is relevant under the statute because payment of the settlement is the vent which triggers the right to withhold so if the relief which settled the personal injury actions not subject are set in the f c c a action in the wrongful death are part of the same agreement then by statute  correct that by just paying the two hundred thousand dollars dragging those documents i don't know your honor i was not involved in the f t c litigation in fact i was not involved in this case at all until the case was for the veterans court agreements relating there to may be pope made public in their entirety so clearly there's no need to have that language there was an accomplishment of your you're alleging that there are two agreements one for wrongful death and one for pain and suffering import that it was sloppy drafting on the part of the government now i don't that doesn't the answer to for me nor do i have any way to put in the record at the c b c or here  who drafted who had the input know what i'm going to ask the government the same question and they're going to tell them all address it as if the government drafted it what are the responsibilities on both sides well if the government responsibility to the veterans here but let me let me just recap where we are in that you started my knowledge in the only issue the real issue the only issue before us is whether or not how we construe the statute in terms of whether or not the settlement was fine if we decide that we disagree with your position and therefore it was final then you don't prevail if we don't reach the issue of we don't need to reach in any way shape or form the issue of these competing agreed is right  well if i think we do because i don't live within the jurisdiction of the federal circuit to make a determination on what what the settlement is because it's a mixed finding of fact and law say the clock starts to run when the document is songs then why is that not the end of the case  language the language and it's in the same paragraph the legislative history recognizes or knowledge of where the plane when it's been made has been awarded a judgment or entered into a settlement under the except for this provision equals the total amount paid under the judgment settlement for compromise congress clearly intended in my view that v a would perform before v signed off on the settlement agreement in late january two thousand and six in march of two thousand and six the judgment was paved and in march of two thousand six hundred process of offset with was initiated in this case at novo and i would also know that the settlement agreement provided that mr midsole as his attorney should take this settlement per season distributed and distribute them to the plaintiff at no point between march two thousand and six in two thousand and nine when ms so  appeals or veterans claim acknowledges that and says we if she thought that she hadn't paid her full judgment she should have been back in the district court and we don't even have jurisdiction to interpret this contract of the matter that ms sullivan and two and also the evidence that she was not paid any of the judgment she was due so that the whole issue of contract interpretation should have been brought to the district court which it is which did retain some jurisdiction at the appropriate time was it one hundred or two hundred settlement was for two hundred thousand dollars that settled all claims wrongful death and personal injury but settlement agreement good provided that the allocation of her money the hundred thousand was the wrongful death claim into getting into details that are outside the record the court action i can't disagree that the that the agreements are not clear but midsole is represented by counsel at the time who we have to assume had a role in the negotiation and potentially dr agreements and you know told her it was ok to sign this agreement and oversaw the distribution of the of the settlement proceeds to her there was never once did they approach the district court to say that that based on her assumption that congress thought that the v a had an incentive to renege on its settlement agreements or engage in some sort of self help or i think use the term unjust enrichment there's absolutely no evidence or no indication anywhere that congress thought that the v a if it were subject to a judgment we can have an egg and not pay and then and then is this almost kind of the receiving the any benefits that she would that money would continue to come for several months and that she should bear in mind that that's really supposed to be part of the office that she was paid to audit the two thousand and six and at that time told look you know you never objected to the offset so we're going to you've been paid seven thousand dollars thank you your honor under the canopy construction whether ohio law which for all the form in the septicemia case or whether to under federal law a series of green signed by the same parties regarding the same general transaction around the same time are regarded as one part read get to decide that issue and how is it properly before us well because the c b c said it was not relevant but it is there is there is no way to determine what the settlement is if you don't know what settlement documents are whichever so number one what the spinal mean does that mean when they sign up does it mean when they pay number two how much do they have to pay and if we don't know how much they have to pay you can never determine what the is not relevant to the determination of whether or not there is a final settlement for purposes of convincing the eleven fifty one withholding a couple other matters i wanted to respond to first of all we're not  the the release which is granted the drafting is not perfect by any means but for in consideration of two hundred thousand mr missiles and all of her family members released both of their personal injury claims the stipulation to settle the wrongful death expressways says none of this is for any purpose except payment of wrongful death i believe it even specifically excludes pain on a personal injury  finally regarding the seven thousand dollars matter that's all missiles objects to is being asked to pay one hundred seven thousand dollars to be forty i c starts again the fact that the v a continued to pay her for six months and which is when the seven thousand dollars accumulated did nothing to be a except push back the commencement of this offset the commencement of withholding so at the end of the day the able still with hold one hundred thousand dollars and yet it has also said they're going to recoup the seven thousand now if the court pick knowledge is in a in an opinion that mrs so can and force what the government has admitted here today that they will never