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Whole decision: Denied

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that there was a legal impediment to their common-law marriage due to the Veteran's prior marriage and lack of recognition of common-law marriages in the Philippines. The appellant did not provide evidence showing she or the Veteran filed an affidavit under Article 34 of the New Family Code of the Philippines.

The deciding factor: The Board found that there was a legal impediment to the appellant and the Veteran's common-law marriage due to the prior marriage of the Veteran to another person (C.B.) and the lack of recognition of common-law marriages in the Philippines. The appellant did not provide evidence showing she or the Veteran filed an affidavit under Article 34 of the New Family Code of the Philippines.

Claimed conditions
Not specified in this decision
How they argued it
Not specified
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
March 27, 2019
Citation
19123125

Veterans Law Judge

H. N. SCHWARTZ

Decisions by this judge: 2,480 · Granted: 26% (granted or partly granted, in the indexed decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 19123125.

What this means for you

A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.

What you can do next

Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).

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