Denied
The appellant was denied recognition as the surviving spouse of the Veteran for VA compensation and pension benefits due to her divorce from the Veteran prior to his death, which means she did not meet the legal requirements for being considered a surviving spouse.
The deciding factor: The appellant's marriage ended due to the Veteran's misconduct, but this does not satisfy the requirement that she was still the Veteran's spouse 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
- January 3, 2019
- Citation
- 19100676
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.