The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA death benefits because she did not provide sufficient evidence of a valid marriage, and her reported common law marriage was not recognized in Puerto Rico.
The deciding factor: The appellant failed to meet the requirements under 38 C.F.R. § 3.52(b) that she entered into the marriage without knowledge of the impediment (that common law marriages are not recognized in Puerto Rico).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2019
- Citation
- 19179721
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.