The Veteran's surviving spouse is not entitled to an increased rate under 38 U.S.C. § 1311 (a)(2) due to the fact that they were not married for the entire eight-year period prior to the Veteran’s death.
The deciding factor: The appellant and the Veteran did not have a continuous marriage for the required eight-year period before the Veteran's death, as per 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
- December 12, 2019
- Citation
- 19193216
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19193216.
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
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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.