Granted
The appellant, who had a common law marriage with the Veteran for more than one year and was unaware of Louisiana's lack of recognition for common law marriages, is recognized as the Veteran's surviving spouse for VA benefits purposes.
The deciding factor: The evidence demonstrated that the appellant cohabited with the Veteran continuously from their marriage until his death without knowledge of the legal impediment in Louisiana.
- 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, 2021
- Citation
- 21062656
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.