The Board remands the case to afford the appellant an opportunity to submit evidence in support of her claim for recognition as the surviving spouse, including a signed statement and marriage/divorce certificates.
The deciding factor: Further development is necessary to determine if there was a common law marriage prior to the veteran's death and whether the appellant's subsequent remarriage falls within exceptions to disqualification from 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
- April 23, 2008
- Citation
- 0813313
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.