The appellant was not recognized as the Veteran's surviving spouse because their marriage was invalid due to a legal impediment, and they were married less than one month before the Veteran's death.
The deciding factor: The second marriage of the appellant to the Veteran was deemed invalid by reason of a legal impediment (the Veteran's prior marriage), and thus could not be considered valid for purposes of recognizing the appellant as his surviving spouse.
- 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 9, 2019
- Citation
- 19102057
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.