Denied
The Veteran's surviving spouse, the appellant, was denied recognition as his legal spouse for VA benefits due to a formal divorce in 1994. The Board found that there was no valid common-law marriage between the appellant and the Veteran following their divorce.
The deciding factor: The evidence did not establish a valid common-law marriage under Georgia state law after the formal divorce, leading to denial of recognition as the surviving spouse for VA 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 20, 2019
- Citation
- 19148045
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.