The Board denied the appellant's claim for recognition as the Veteran’s surviving spouse, finding that she did not meet the requirements for a surviving spouse at the time of the Veteran's death due to the invalidity of their marriage.
The deciding factor: The Board found that the appellant and the Veteran entered into an invalid common law marriage in New Jersey, which is not recognized by VA benefit laws. The appellant could not be recognized as the surviving spouse because her marriage was not valid under VA regulations.
- 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 19, 2019
- Citation
- 19187041
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.