The Board denied DIC benefits as the Appellant was not recognized as the Veteran's surviving spouse due to a separation caused by her own infidelity, and not due to the Veteran's misconduct.
The deciding factor: The separation of the Veteran and the Appellant was due to the Appellant's infidelity, which is not considered faultless conduct for purposes of establishing surviving spouse status.
- 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
- January 27, 2020
- Citation
- 20006587
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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