Denied
The Veteran's death certificate listed his marital status as divorced, and the appellant reported that her marriage to the Veteran was terminated by divorce. The Board found that the appellant is not considered a surviving spouse due to the divorce between her and the Veteran.
The deciding factor: The appellant and the Veteran were legally divorced in December 1977, which bars her from being recognized as the surviving spouse of the Veteran for VA benefits purposes.
- 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 4, 2019
- Citation
- 19100986
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.