Dismissed
The Veteran's spouse is seeking an apportionment of the Veteran’s VA benefits, but since the Veteran was not receiving any VA benefits during the relevant period (June 25, 2013 to May [Redacted], 2017), the claim is dismissed as there is no justiciable case or controversy.
The deciding factor: The Veteran's spouse did not meet the legal requirement of having a veteran in receipt of VA benefits from which an apportionment could be granted during the relevant period.
- 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 4, 2019
- Citation
- 19125644
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.