The common law marriage between the veteran and the appellant is deemed valid, establishing the appellant as his surviving spouse for the purposes of VA benefits.
The deciding factor: The evidence supports that the appellant cohabitated with the veteran continuously from at least 1997, was unaware of the impediment to a marriage in Ohio until after the veteran's death, and there are no other claimants entitled to his VA death benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2009
- Citation
- 0901559
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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.