The Board denied the appellant's claim for recognition as the surviving spouse for VA Dependency and Indemnity Compensation (DIC) benefit purposes due to her divorce from the Veteran prior to his death in March 2012.
The deciding factor: The Board found that the Veteran and the appellant were legally divorced at the time of the Veteran's death, and there was no evidence of attempted remarriage or a common law marriage. The appellant had knowledge of their legal divorce and did not cohabit with the Veteran continuously from the date of marriage to his death.
- 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 30, 2020
- Citation
- 20007359
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
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.