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
- Not verified here — check the original decision
- Decision date
- February 13, 2009
- Citation
- 0905388
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0905388.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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