The Board denied the Appellant's claims for recognition as an eligible surviving spouse of the Veteran for purposes of VA DIC and death pension benefits due to lack of valid marriage prior to the Veteran's death.
The deciding factor: The evidence did not establish a valid common law or legal marriage between the Appellant and the Veteran prior to the Veteran’s death, which is required for eligibility as a surviving spouse under VA regulations.
- 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 10, 2019
- Citation
- 19102641
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.