The appellant was denied recognition as the veteran's surviving spouse for VA death benefits purposes because she did not live continuously with the veteran from the date of marriage to the date of his death.
The deciding factor: The evidence showed that the appellant and the veteran were separated for approximately 16 years prior to the veteran's death, which is insufficient to establish continuous cohabitation as required by VA regulations.
- 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 15, 2009
- Citation
- 0901628
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
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.