The Board found that the appellant is not the surviving spouse of the veteran for VA death benefits purposes due to a lack of continuous cohabitation from the time of any attempted common law marriage until his death.
The deciding factor: The claimant did not meet the requirements for a deemed valid marriage under 38 C.F.R. § 103(a) and § 3.52, as she failed to establish continuous cohabitation with the veteran from the time of their attempted common law marriage until his death.
- 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 10, 2002
- Citation
- 0211665
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 0211665.
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.