The claim of entitlement to recognition of the appellant as the veteran's surviving spouse must be denied due to a legally binding divorce judgment and lack of cohabitation.
The deciding factor: The January 1979 divorce judgment from Suffolk County Probate Court in Boston, Massachusetts established a legally valid divorce between the veteran and the appellant effective July 19, 1979. The appellant's own statements provide strong evidence against her claim, indicating she had not cohabitated with the veteran for many years prior to his 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 11, 2009
- Citation
- 0904988
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.