The Board denied the appellant's claim for VA death pension benefits as she was not legally married to the Veteran for a period of one year prior to his death, and therefore did not meet the legal requirements for surviving spouse status.
The deciding factor: VA laws and regulations require that a marriage be valid under the law of the place where the parties resided at the time of marriage. The appellant's marriage in Hawaii was not recognized by VA due to lack of a marriage license, and she failed to meet the one-year requirement for surviving spouse status.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2010
- Citation
- 1038995
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 1038995.
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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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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