The Board has determined that the appellant may be recognized as the surviving spouse of the Veteran for purposes of VA death benefits due to their continuous cohabitation and acceptance in their community, despite Missouri's non-recognition of common law marriage.
The deciding factor: The Board accepted the appellant's statement that she was unaware of the legal impediment (Missouri's non-recognition of common law marriage) at the time of the invalid marriage, thus deeming it valid under VA regulations.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2020
- Citation
- 20081052
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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.