The Board dismissed the appeal regarding entitlement to an apportionment of the Veteran's VA compensation benefits for C.W. due to withdrawal by the appellant. The claim for an apportionment of the Veteran's VA compensation benefits for the appellant was denied as she was not legally married to the Veteran at the time her claim was received. The issue of entitlement to an apportionment of the Veteran's VA compensation benefits for T.W. is remanded for issuance of a statement of the case.
The deciding factor: The appellant withdrew from appeal regarding the issue of entitlement to an apportionment of the Veteran's VA compensation benefits for C.W., and she was not legally married to the Veteran at the time her claim for an apportionment of the Veteran's VA compensation benefits for the appellant was received. The legal criteria in this case are clear that in order to establish eligibility for an apportionment, the appellant must be recognized as the Veteran's legal spouse at the time of her claim.
- 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 25, 2013
- Citation
- 1323729
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 1323729.
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