The Board has granted the appellant's claim for recognition as an eligible applicant for accrued benefits, but denied her claims for DIC and death pension due to lack of legal eligibility based on the short duration of their marriage.
The deciding factor: The appellant and the Veteran were legally married shortly before the Veteran's death. However, VA regulations require a minimum period of continuous cohabitation prior to the date of the Veteran's death in order for the appellant to be considered his surviving spouse for purposes of DIC and death pension benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2010
- Citation
- 1018711
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 1018711.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Granted
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- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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