The appellant was not the veteran's legal spouse at the time of his death in May 1982, and therefore does not meet the definition of a surviving spouse under VA law.
The deciding factor: The evidence shows that the veteran remarried in October 1979 to Y.H. and that Y.H. has been receiving death benefits as the veteran's surviving spouse since the time of the veteran's death.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2009
- Citation
- 0903554
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.