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Denied

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

Veterans Law Judge

Keith W. Allen

Decisions by this judge: 2,669 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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.

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