The appellant is not recognized as the Veteran's surviving spouse for purposes of VA death benefits because she was not married to him at the time of his death.
The deciding factor: The appellant and the Veteran divorced in 2010, which occurred after the Veteran’s death in 2015. The law requires that a surviving spouse be married to the veteran at the time of 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
- October 28, 2020
- Citation
- 20069797
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.