The Board has determined that the appellant is not recognized as the surviving spouse of the veteran for purposes of receiving VA death benefits due to a prior valid marriage.
The deciding factor: The veteran had previously married N.D. and was legally divorced from her, which means his subsequent marriage to the claimant could not be considered 'deemed valid' under VA regulations.
- Claimed conditions
- major depressive disorder with post-traumatic stress disorder, right below-the-knee amputation, bilateral cataracts, diabetic neuropathy with hypertension, peripheral neuropathy of the left upper and lower extremities and of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 31, 2008
- Citation
- 0825608
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0825608.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's Special Monthly Compensation (SMC) based on the need for regular Aid and Attendance is granted as of April 25, 2024.,For diabetes mellitus, a rating in excess of 20 percent is denied.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.
- Dismissed
The Board has dismissed all appeals except for the claim of an initial rating in excess of 20 percent for left shoulder strain. The appeal concerning the other issues on appeal is dismissed.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence and a need for an addendum opinion regarding the etiology of the Veteran's eye disabilities, including bilateral cataracts, hypertensive retinopathy, hypermetropia, astigmatism, presbyopia, unspecified peripheral retinal degeneration, dry eye syndrome, presence of intraocular lens, old branch retinal vein occlusion, and bilateral pinguecula.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.