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Denied

The Board denied the appellant's claim of recognition as the veteran's surviving spouse for VA death benefits purposes due to a lack of evidence supporting a common law marriage prior to October 2004, and because she did not meet the legal requirements for such a marriage in Kentucky.

The deciding factor: The appellant and the veteran were not involved in a common law marriage prior to their formal marriage in October 2004. The Board found her statements and testimony lacking credibility regarding cohabitation before that date.

Claimed conditions
Not specified in this decision
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
December 31, 2008
Citation
0845012

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 0845012.

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