Denied
The Board denied the appellant's claim to be recognized as the surviving spouse of the Veteran for purposes of establishing eligibility for VA death benefits, including DIC, death pension, and accrued benefits. The evidence showed that the appellant was not legally married to the Veteran at the time of his death.
The deciding factor: The divorce decree established that the appellant did not meet the requirement of being a surviving spouse due to lack of legal marriage and continuous cohabitation with the Veteran.
- 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 23, 2019
- Citation
- 19131114
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.