Denied
The Veteran's death certificate indicates he was divorced at the time of his death. The Appellant, who is not legally married to the Veteran and has no evidence that they were living together as husband and wife outside of North Carolina, cannot be recognized as the surviving spouse for purposes of Dependency and Indemnity Compensation (DIC).
The deciding factor: The Appellant was divorced from the Veteran at the time of his death and there is no legal basis to recognize her as a surviving spouse.
- 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 2, 2019
- Citation
- 19124736
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.