The claimant was not the Veteran's surviving spouse at the time of his death and is therefore not eligible for an award of DIC, death pension benefits, and accrued benefits.
The deciding factor: Given the finalized divorce from the Veteran in June 2002, the exception under 38 C.F.R. § 3.50 that allows a claimant to remain the veteran's spouse despite misconduct by the veteran cannot apply in this case.
- 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 25, 2009
- Citation
- 0906951
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.