The Board found that the appellant did not have a valid marriage with the Veteran under Article 34 of the New Family Code of the Philippines, and thus is not entitled to recognition as the surviving spouse for VA benefits purposes.
The deciding factor: The evidence showed that the appellant and the Veteran lived together only slightly less than 2 years prior to their October 1987 marriage ceremony, which did not meet the requirement of living together as husband and wife for at least 5 years under Article 34.
- 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 26, 2010
- Citation
- 1007232
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 1007232.
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
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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.