The Board found that accrued benefits based on the appellant's marriage to the Veteran in May 2005 are warranted. The appeal for basic eligibility for VA death benefits as the surviving spouse of the Veteran was denied due to a lack of legal recognition of their relationship under West Virginia law.
The deciding factor: West Virginia does not recognize common-law marriages, and there is no evidence that the appellant and the Veteran were legally married prior to May 2005 when they married. The Board found this fact in equipoise with the appellant's testimony regarding her belief in a pre-existing marriage.
- 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 2, 2010
- Citation
- 1004825
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. Look up the original decision on VA.gov (opens in a new tab) using citation 1004825.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.