The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was divorced from him at the time of his death and did not qualify under VA regulations.
The deciding factor: The divorce between the appellant and the veteran was legally valid, and they had been living separately since their divorce. The appellant could not meet the requirement of being continuously married to the veteran up until his death without fault on her part or a common-law marriage that was recognized by 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
- October 12, 2004
- Citation
- 0428118
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 0428118.
What this means for you
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