The Board has determined that the appellant cannot be recognized as the veteran's surviving spouse for VA benefits due to a lack of continuous cohabitation. The case is being remanded for further development.
The deciding factor: There was no evidence of continuous cohabitation from the date of marriage to the date of the veteran's death, which is required for recognition as the surviving spouse for VA benefits.
- Claimed conditions
- Gunshot wound
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 13, 2005
- Citation
- 0513043
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. Search VA.gov for the original decision (opens in a new tab) using citation 0513043.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's death was not due to service or a service-connected disability. The appeal for accrued benefits is denied as the claim was not filed within one year of his death, and there were no pending claims at the time of his death. The appeal for death pension benefits is remanded as the appellant needs to provide additional evidence such as police reports and court transcripts related to her husband's death.
- Denied
The Veteran's death was caused by the appellant's willful misconduct, resulting in a denial of dependency and indemnity compensation.
- Granted
The Veteran's service-connected disabilities, including his back disability and bilateral lower extremity radiculopathy, prevent him from securing and following substantially gainful employment. The Board finds that he is unable to secure and follow a substantially gainful occupation by reason of his service-connected disabilities.
- Denied
The Board found that the appellant intentionally and wrongfully caused her husband's death, preventing payment of VA benefits to her based on his death.
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