The Board denied DIC benefits for the appellant as a surviving spouse due to insufficient length of marriage, despite her claim that they were legally married in common law prior to their 2017 ceremonial marriage. The evidence did not support this belief.
The deciding factor: VA regulations require marriages to be valid if entered into before or during service and do not allow for deemed-valid marriages based on legal impediments like lack of knowledge of state laws regarding common-law marriages, which the appellant could not prove she had.
- 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
- July 11, 2023
- Citation
- 23038344
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 23038344.
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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