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Denied

The Board denied the moving party's motion to be recognized as the widow of a veteran for VA death benefits, finding that her marriage was not valid due to her refusal to divorce the veteran and subsequent remarriage.

The deciding factor: The Board concluded that the moving party did not meet the legal requirements to be considered the surviving spouse because she did not live with the veteran after their initial separation in March 1960, which was deemed a result of the veteran's misconduct. The Board also found her subsequent marriage to another woman valid under Oklahoma law.

Claimed conditions
Not specified in this decision
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
December 19, 2003
Citation
0336010

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 0336010.

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