The Board denied the appellant's claim for death pension benefits as she did not meet the required marriage duration and other criteria to be considered a surviving spouse.
The deciding factor: The veteran was not married to the appellant for at least one year prior to his death, which is a requirement for eligibility as a surviving spouse under VA regulations.
- Claimed conditions
- Alcoholism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 11, 2008
- Citation
- 0822953
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 0822953.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The appeal for service connection for PTSD was dismissed due to an improper concurrent election of review options, and the claim for alcoholism was denied as a matter of law.
- Whole decision: Partly granted
The Board granted an earlier effective date for the award of service connection for PTSD beginning March 16, 2010 and denied a motion for revision of an August 2007 rating decision on the basis of clear and unmistakable error (CUE). The Board also granted service connection for alcoholism, major depressive disorder, congestive heart failure, cardiomyopathy, sleep apnea, and increased ratings for PTSD.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for an acquired psychiatric disorder due to a lack of a VA medical examination and opinion prior to rating his disability. The Veteran is diagnosed with multiple psychiatric disabilities, including depression, anxiety, irritability and anger, trauma/stressor-related disorder, and alcoholism. The Board requires a VA examination to determine the nature and etiology of these conditions.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA medical opinion regarding the cause of death and its relation to service-connected conditions.
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