The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for Dependency and Indemnity Compensation (DIC) benefits due to a lack of clear and convincing evidence that they had an agreement to continue their marriage after their divorce in 1986, despite living together as husband and wife.
The deciding factor: The appellant did not establish a valid common law marriage with the Veteran based on the evidence provided, including the Veteran's consistent statements of being divorced and his actions such as assigning his sister as his power of attorney.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20001946
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
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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.