The Board has determined that the appellant may not be recognized as the surviving spouse of the veteran for VA death benefits purposes due to her divorce from the veteran prior to his death.
The deciding factor: The evidence does not show that the veteran and the appellant formally remarried or entered into a common law marriage after their divorce, which is required for them to be considered the veteran's surviving spouse under VA regulations.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 8, 2006
- Citation
- 0603669
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.