Denied
The appellant is not recognized as the Veteran's surviving spouse for purposes of entitlement to DIC and death pension benefits because her marriage occurred less than a year before the Veteran's death, which does not meet the criteria for VA survivor benefits.
The deciding factor: The appellant was not married to the Veteran for one year or more prior to his death, as required by VA regulations for surviving spouse eligibility.
- 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 8, 2019
- Citation
- 19101859
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.