The appellant is not eligible for VA death pension benefits as the surviving spouse of the veteran due to her divorce from him in September 1963, which was based on extreme and repeated acts of cruelty by the veteran.
The deciding factor: The appellant's divorce from the veteran was due to his misconduct (acts of cruelty), which breaks the continuity of cohabitation required for a surviving spouse under VA regulations.
- 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 13, 2001
- Citation
- 0122450
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 0122450.
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.