The Veteran's spouse, the appellant, was denied recognition as his surviving spouse for VA purposes due to their marriage lasting less than one year prior to the Veteran's death and no children being born during or before the marriage.
The deciding factor: The appellant and the Veteran were legally married for less than a year prior to the Veteran's death, which does not meet the requirement of at least one year of marriage as per VA regulations.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 16, 2023
- Citation
- A23028429
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation A23028429.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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