The Board denied DIC benefits for the appellant as the surviving spouse of the Veteran due to lack of a valid marriage under New York state law and failure to meet the requirements for deemed valid common law marriage.
The deciding factor: The evidence did not show that the appellant and the Veteran had an agreement to be husband and wife at the beginning of their cohabitation, or that they held themselves out as married in 2005. The ceremony performed by a priest less than one month before the Veteran's death was not considered valid under New York state law.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2010
- Citation
- 1027893
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 1027893.
What this means for you
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