The Board denied the appellant's claim for an apportionment of the veteran's VA compensation benefits on behalf of herself and her children due to a lack of legal basis. The marriage between the parties was deemed valid, but there is no evidence that they were living together as husband and wife after their separation in November 1994.,The Board also denied the appellant's claim for an earlier effective date for the apportionment award on behalf of her biological child J, finding that the veteran had left the household prior to the divorce.

The deciding factor: The marriage between the parties was deemed valid, but there is no evidence that they were living together as husband and wife after their separation in November 1994. The appellant's claim for an apportionment of the veteran's VA benefits on behalf of herself and her children fails due to a lack of legal basis.,The Board found that C, D, and A are not considered the veteran's dependent children as they were not members of his household after their separation in November 1994. The appellant's claim for an earlier effective date for the apportionment award on behalf of her biological child J is denied due to the veteran having left the household prior to the divorce.

Claimed conditions

Not specified in this decision

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

September 19, 2000

Citation

0024963

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0024963.