The Board denied DIC benefits under 38 U.S.C. § 1318 because the appellant and Veteran did not meet the eligibility criteria for VA death benefits, as their marriage was not valid due to it occurring after the expiration of 15 years from the termination of the Veteran's service.
The deciding factor: The Board found that the appellant and Veteran were not in a valid common law marriage prior to their October 2013 marriage, which did not last for one year or more at the time of the Veteran’s death.
- 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 25, 2019
- Citation
- 19132531
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.