The Veteran's divorce from the appellant occurred in December 1986, which is prior to his death in February 2011. Therefore, the appellant cannot be recognized as the surviving spouse for VA death benefits purposes.
The deciding factor: The law mandates that a surviving spouse must have been married to the veteran at the time of their death and lived continuously with them from the date of marriage until the date of death without fault on the part of the spouse. The appellant's divorce occurred before the Veteran's death, thus she cannot be recognized as his surviving spouse.
- 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 29, 2020
- Citation
- 20007477
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.