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Denied

The appellant was not legally married to the veteran at the time of his death, and therefore cannot be recognized as his surviving spouse for VA death benefit purposes.

The deciding factor: The marriage between the appellant and the veteran ended in divorce in February 1975, and they did not remarry or attempt to remarry thereafter.

Claimed conditions
Not specified in this decision
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
May 9, 2008
Citation
0815425

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.