The Board found that the appellant did not continuously cohabitate with the Veteran from their marriage until his death, and thus could not be recognized as his surviving spouse for VA benefits purposes.
The deciding factor: The separation between the appellant and the Veteran was caused by the appellant's filing of a divorce petition, which is considered fault on the part of the appellant. The evidence does not support mutual consent or lack of intent to desert.
- 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 30, 2013
- Citation
- 1334602
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 1334602.
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