The Board denied the appellant's claim as she was not legally married to the veteran at the time of his death, and thus is not considered his surviving spouse for VA benefits.
The deciding factor: The appellant was never legally divorced from her previous husband, which constituted a legal impediment to entering into a marriage with the veteran. As such, she could not be recognized as the 'surviving spouse' of the veteran for VA death benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 30, 2001
- Citation
- 0119612
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 0119612.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.