The Board has found that the Appellant may not be recognized as the surviving spouse of the Veteran for VA purposes due to conflicting findings regarding cohabitation and prior marriage. The case is remanded to resend requests for Mexican court records.
The deciding factor: Conflicting findings about cohabitation and prior marriage make it unclear whether the Appellant can be considered the surviving spouse, necessitating further investigation into the Veteran's divorce decree from Mexico.
- 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 22, 2020
- Citation
- 20068664
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.