The Veteran's death was not within the 15-year period after separation from service or within one year of marriage, and no children were born of the marriage. The appellant did not meet the requirements for recognition as a surviving spouse for DIC benefits.
The deciding factor: The appellant and the Veteran were not married for at least one year prior to their death, nor was there evidence of any children being born of the marriage or before it began. The requirement of continuous cohabitation from the date of marriage to the date of death was also not met as they did not live together continuously.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124238
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.