The Board has determined that the appellant can be recognized as the Veteran's surviving spouse for purposes of receiving VA nonservice-connected death pension benefits, despite her filing a divorce petition prior to the Veteran's death. The decision is based on evidence showing no fault on the part of the appellant in the separation and her desire to remain married.
The deciding factor: The Board found that while the appellant filed for divorce, she did not have an intent to desert or seek divorce from the Veteran, and there was no indication of fault on her part during the separation.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2012
- Citation
- 1235413
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 1235413.
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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