The Board has determined that the appellant and the veteran did not have a common law marriage for the period between their divorce in 1982 and the veteran's death in 2003, thus denying her claim to be recognized as his surviving spouse for VA benefits.
The deciding factor: The evidence does not show that the veteran and appellant had the intent to enter into a common law marriage after their 1982 divorce. The veteran's statements and actions indicate he considered himself divorced from the appellant, and there is no credible evidence of mutual agreement to re-establish their marital status.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2006
- Citation
- 0634400
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 0634400.
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.