The Board denied the appellant's claim for VA death benefits, including dependency and indemnity compensation, death pension benefits, or accrued benefits due to her marriage not meeting the requirements of 38 C.F.R. § 3.54(c). The appellant was not married within 15 years after the veteran's discharge from service, did not live with the veteran for one year before his death, and had no children born from their union.
The deciding factor: The marriage certificate showed that the appellant and the veteran were legally married in July 2005. The veteran was discharged from service in January 1973, making their marriage more than 15 years after discharge. They did not live together for one year before the veteran's death, nor did they have any children born during or before their union.
- 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
- December 5, 2007
- Citation
- 0738237
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 0738237.
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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