The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, finding that she was not entitled to VA death benefits due to her lack of legal marriage and the veteran's continued legal marriage to another individual.
The deciding factor: The veteran never legally divorced his previous wife, which prevented him from entering into a second marriage with the appellant. As such, he could not be recognized as the surviving spouse for purposes of 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 27, 2006
- Citation
- 0608730
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.