The Board of Veterans' Appeals (BVA) has determined that the appellant cannot be recognized as the surviving spouse of the veteran for VA death pension benefits because they were legally divorced at the time of the veteran's death. The BVA found no evidence to support the claim of legal separation and noted that the veteran's death certificate, medical records, and petition to change name all indicated a divorce.
The deciding factor: The Board concluded that the appellant and the veteran had been legally divorced prior to the veteran's death in May 1994 based on multiple pieces of evidence including the veteran's death certificate, terminal medical treatment records, and the appellant's own statement regarding her marital status.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2004
- Citation
- 0427802
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 0427802.
What this means for you
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