The Veteran's death benefits claim for the appellant as his surviving spouse was denied because their marriage lasted less than a year prior to the Veteran's death, and no children were born during or before the marriage. The Board found that common law marriage did not apply in this case.
The deciding factor: The appellant and the Veteran were married for less than one year prior to the Veteran's death, which is insufficient under VA regulations for recognition as a surviving spouse for purposes of VA benefits.
- 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 17, 2023
- Citation
- A23028655
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 A23028655.
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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