The Board found that the appellant did not meet the criteria for recognition as the veteran's surviving spouse for VA death benefits purposes due to her marriage being less than one year prior to the veteran's death and no children born of or before the marriage.
The deciding factor: The appellant and the veteran were married in April 2002, which was less than a year prior to the veteran's death. The record did not establish that they had entered into a common law marriage valid under VA standards, nor did it show that they held themselves out as husband and wife.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 29, 2007
- Citation
- 0733949
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 0733949.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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