The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to the fact that the Veteran and the appellant were divorced at the time of his death, which is not sufficient to recognize her as a surviving spouse under VA regulations.
The deciding factor: The divorce occurred prior to the Veteran's death, and the Federal Circuit has ruled that a divorce does not meet the requirement for recognizing an individual as a surviving spouse if the veteran died before remarriage.
- 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
- August 12, 2024
- Citation
- A24045807
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 A24045807.
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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