The Board concluded that the appellant's common-law marriage to the veteran was not valid under VA law, and therefore denied her claim for surviving spouse benefits.
The deciding factor: The evidence did not support a belief by the adjudicating activity that a valid marriage actually occurred, as there were no records of a legal or common-law marriage, and the appellant had held herself out to be single for SSI purposes.
- 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 5, 2009
- Citation
- 0904075
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.