The Board denied the Appellant's claim for recognition as the Veteran’s surviving spouse, concluding that she was not married to him at the time of his death and thus did not meet the legal criteria for eligibility.
The deciding factor: The evidence showed that the Appellant and the Veteran were legally divorced in April 1988, and there was no indication of a common law marriage after their divorce. The Board found that the Appellant did not hold herself out as the Veteran's spouse following their divorce or at the time of his death.
- 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 22, 2019
- Citation
- A19002100
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.