The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse for VA benefit purposes, as she was not his lawful spouse at the time of his death.
The deciding factor: The evidence demonstrated that the Appellant and the Veteran were divorced prior to the Veteran's death in 2018, and there was no continuous cohabitation from their marriage date until his death due to separation caused by the misconduct of the Veteran without fault of the spouse.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2024
- Citation
- 24002048
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.