The Veteran's death was not within 15 years of the end of his service, nor did he have a child born during or before marriage. The appellant and Veteran were married in Florida, but common law marriage is not recognized there. Therefore, the appellant cannot be considered the surviving spouse for DIC benefits.
The deciding factor: The appellant and Veteran resided in Florida where common law marriage is not recognized, and they did not live as husband and wife outside of Florida.
- 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
- December 13, 2018
- Citation
- 18157814
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 18157814.
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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