The Board has determined that the appellant's claim for recognition as the Veteran’s surviving spouse should be remanded due to insufficient evidence regarding her knowledge of the legal impediment and continuous cohabitation with the Veteran.
The deciding factor: The decision is based on a lack of sufficient evidence regarding whether the appellant had knowledge of the legal impediment (the Veteran's prior marriage) at the time she claimed common law marriage, and whether they lived together continuously as a married couple.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2019
- Citation
- 19182893
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.