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Denied

The claim for recognition as the surviving spouse is denied because she was legally married to another person at the time of her husband's death, and there are no exceptions that would allow her to be considered his surviving spouse.

The deciding factor: She had divorced from her first husband and remarried a second man who refused to agree to a divorce. She was still legally married to him when her husband died.

Claimed conditions
Not specified in this decision
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
October 8, 2020
Citation
20065755

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.