The Board denied the appellant's claim as she did not meet the criteria for recognition as the surviving spouse of the Veteran for purposes of Dependency and Indemnity Compensation benefits due to lack of a valid marriage under Virginia law, despite her assertion that they lived together continuously prior to their formal marriage.
The deciding factor: The appellant and the Veteran resided in Virginia where common-law marriage is not recognized. The appellant did not meet the requirements for deeming their marriage as valid under 38 C.F.R. § 3.52 due to lack of residence in a jurisdiction recognizing common law marriage, continuous cohabitation for one year prior to death, and no indication that they held themselves out openly as husband and wife.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2017
- Citation
- 1700554
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 1700554.
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
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.