The Board has reopened the claim for recognition as a surviving spouse of the Veteran, but finds that she cannot be recognized as his surviving spouse due to lack of clear and convincing evidence of a common law marriage under Alabama state law.
The deciding factor: The evidence does not meet the requirement of clear and convincing proof of a common law marriage between the appellant and the Veteran following their July 1977 divorce, despite her claims.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2018
- Citation
- 1819548
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 1819548.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Granted
The Veteran's claim for service connection for PTSD was reopened due to the submission of new and material evidence. The appeal is granted as his PTSD is now considered service-connected.
- Granted
The Veteran's claim for service connection of a left leg disability is reopened, and the appeal is granted.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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