The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not live with the veteran continuously from the date of their marriage to his death and that the separation was due to the misconduct of the veteran's children.
The deciding factor: The separation between the appellant and the veteran prior to his death was found to be due to the misconduct of the veteran's children, which is a factor that disqualifies her from being recognized as his surviving spouse for VA benefits purposes.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 15, 2008
- Citation
- 0831244
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 0831244.
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.
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- Whole decision: Denied
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- Whole decision: Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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