The appellant is not entitled to apportionment of the veteran's VA disability compensation benefits as she does not meet the criteria for recognition as a spouse of the veteran and she is not legally entitled to such benefits.
The deciding factor: The appellant was not the veteran's 'spouse' as defined by statute at the time he elected VA disability compensation in lieu of military retirement pay, and as she is no longer the veteran's spouse, she is not a proper claimant to receive an apportionment of the veteran's VA disability compensation.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2006
- Citation
- 0629401
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 0629401.
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.