The veteran's second wife, who was legally married to him at the time of his death, is receiving DIC benefits. The appellant, the veteran's ex-wife, cannot be recognized as his legal spouse for purposes of receiving VA compensation due to her current marriage.
The deciding factor: The veteran was legally married to his second wife at the time of his death, which disqualifies the appellant from being considered his lawful spouse for VA 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
- March 3, 2004
- Citation
- 0405733
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 0405733.
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.