The Board has determined that the appellant is not eligible for DIC benefits as the Veteran's surviving spouse due to a lack of valid marriage prior to his death. The appeal for accrued benefits is also remanded as the AOJ incorrectly denied such benefits based on marital status.
The deciding factor: The appellant and the Veteran did not enter into a valid marriage for at least a year prior to the Veteran’s death, which is required for eligibility as a surviving spouse under VA regulations. The appeal for accrued benefits must be reconsidered due to an incorrect determination of marital status.
- 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 19, 2019
- Citation
- 19195545
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 19195545.
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.