The appellant was not recognized as the deceased veteran's surviving spouse for VA death benefits because there was no continuous cohabitation from the date of marriage to his death, and her separation is attributed to the veteran's misconduct.
The deciding factor: The Board found that the evidence did not support a claim of continuous cohabitation due to the veteran's consistent reports of being divorced and living in Honduras, as well as other records indicating he was divorced with no dependents at the time of his death.
- 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
- May 15, 2008
- Citation
- 0816075
Veterans Law Judge
Decisions by this judge: 1,738 · Granted: 17% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0816075.
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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