The Veteran's surviving spouse seeks recognition as the Veteran’s surviving spouse for purposes of entitlement to DIC and death pension benefits, but the Board finds that she does not meet the criteria due to her legal marriage occurring two-and-a-half months before his death.,The appellant also seeks accrued benefits, but there are no open claims at the time of the Veteran's death, so the claim is denied.
The deciding factor: The appellant and the Veteran did not enter into a valid common-law marriage under South Carolina law prior to their legal marriage in Nevada in November 2012. The evidence does not support a finding that they had such a marriage.,There were no open claims at the time of the Veteran's death, so there are no accrued benefits due.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 31, 2018
- Citation
- 18122765
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. Read the original VA decision (opens in a new tab) using citation 18122765.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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