The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse for the purpose of establishing entitlement to DIC benefits, finding that she was not married to the Veteran at the time of his death and thus could not be considered a 'surviving spouse' under VA regulations.
The deciding factor: The Federal Circuit held that there is no exception in VA laws to award death benefits to a 'divorced surviving spouse,' only to an individual who is the veteran's spouse at the time of his death. The Appellant was divorced from the Veteran prior to his death, and thus could not be considered a 'surviving spouse' as per VA regulations.
- 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
- September 21, 2018
- Citation
- 18137585
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 18137585.
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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