The appellant cannot be recognized as the Veteran's surviving spouse for VA benefits purposes because she was legally divorced at the time of his death and no evidence shows they had resumed living together or remarrying.
The deciding factor: The Board concluded that the appellant does not meet the legal requirement to be considered the Veteran's surviving spouse, as she was legally divorced at the time of his death and there is no evidence of a remarriage or resumption of cohabitation.
- 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 13, 2009
- Citation
- 0905388
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.