The Veteran's death benefits claim for DIC under 38 U.S.C. § 1318 is denied as the appellant and Veteran did not meet the eligibility criteria of being married to the Veteran before the expiration of 15 years after the termination of the period of service, lasting for one year or more prior to the Veteran's death, or having a child together.
The deciding factor: The appellant and Veteran were not in a valid common law marriage as Washington state does not recognize such marriages. The marriage between August 2009 and the Veteran’s death did not meet the eligibility criteria for VA death benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19146243
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.