Denied
The appellant is not recognized as the Veteran's surviving spouse for DIC benefits due to her divorce from the Veteran, which was finalized before his death. The Board found that she did not meet the legal requirements for surviving spouse status.
The deciding factor: The appellant and the Veteran were legally divorced prior to the Veteran's death, preventing her from meeting the criteria for surviving spouse status.
- 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 15, 2019
- Citation
- 19103579
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.