The Veteran's death benefits claim is denied as VA cannot recognize the appellant as his surviving spouse for purposes of VA compensation or pension benefits.
The deciding factor: VA regulations prohibit recognizing a divorced individual as the surviving spouse if they did not live with the veteran continuously from the date of marriage to the date of death, except in cases where there was separation due to the misconduct of one party without fault of the other.
- 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 23, 2019
- Citation
- A19002187
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.