The Appellant's claim to be recognized as the surviving spouse of the Veteran for VA purposes is denied because there was no valid marriage between them after their divorce.
The deciding factor: Common law marriage is not recognized in Kentucky, where the parties resided and where the right to benefits accrued. The couple did not enter into a valid marriage after their 2001 divorce.
- 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 18, 2019
- Citation
- 19146823
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.