The Board finds that the Appellant does not qualify as a surviving spouse for purposes of VA benefits, regardless of whether she was legally married to the Veteran at the time of his death. The evidence shows that they lived in different states and there is no credible explanation for how they could have cohabitated continuously from their marriage until the Veteran's death.
The deciding factor: The Appellant has not provided credible evidence demonstrating continuous cohabitation between her and the Veteran from the date of their marriage to the date of his death, despite living in different states for decades.
- 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
- April 20, 2018
- Citation
- 1823961
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 1823961.
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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