The appellant was not recognized as the Veteran's surviving spouse for purposes of establishing eligibility for DIC and/or death pension benefits due to their formal divorce, despite continued cohabitation.
The deciding factor: The appellant could not be found to be a validly married surviving spouse under VA regulations because Pennsylvania law did not recognize common-law marriages entered into prior to January 1, 2005, and the Veteran had formally divorced the appellant by May 2009.
- 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 24, 2018
- Citation
- 18144151
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 18144151.
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.