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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 18144151.
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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