The Board has determined that the Appellant does not have proper legal standing to be recognized as the Veteran's surviving spouse for VA purposes due to a lack of credible evidence showing their marriage status. The case is being remanded to determine whether the Veteran and the Appellant were divorced at the time of his death.
The deciding factor: The Board found that there was insufficient evidence to confirm the Appellant's marital status with the Veteran, leading to a determination that she does not have legal standing as their surviving spouse for VA purposes.
- 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 29, 2019
- Citation
- 19106958
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.