Denied
The Veteran's spouse was not recognized as his surviving spouse for VA death benefits purposes due to the divorce and the appellant did not file her claim within one year of the Veteran's death. The appeal for accrued benefits was also denied because it was filed more than a year after the Veteran's death.
The deciding factor: Both claims were denied due to untimely filing.
- 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 16, 2019
- Citation
- 19103828
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.