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Denied

The Board denied the appellant's claim for additional monthly DIC under 38 U.S.C. § 1311(a)(2) because they were not continuously married to the Veteran for eight years immediately preceding his death, and there is no evidence of misconduct by the Veteran that would have justified their divorce.

The deciding factor: The appellant and the Veteran were divorced in July 2005 but remarried in November 2007. They did not meet the requirement of being continuously married for eight years immediately preceding the Veteran's death.

Claimed conditions
Not specified in this decision
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
December 12, 2019
Citation
19193366

Veterans Law Judge

Brian J. Elwood

Judge attribution: 2025 complete; earlier years partial.

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 19193366.

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