The appellant is not recognized as the Veteran's surviving spouse for DIC and accrued benefits due to her remarriage, which occurred after the Veteran's death.
The deciding factor: The appellant was married to the Veteran until their divorce in 1991. The Veteran remarried in 2004 and remained married until his death in 2009. As a result, the appellant did not meet the legal requirements for surviving spouse status.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2019
- Citation
- 19100100
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.