The appellant was denied recognition as the Veteran's surviving spouse for VA death benefits purposes because she was divorced from him at the time of his death.
The deciding factor: The Board found that the 1990 divorce decree between the appellant and the Veteran was valid, and they did not remarry each other after their divorce. Therefore, the appellant does not qualify as a surviving spouse for VA benefits 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
- March 5, 2009
- Citation
- 0908155
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.