http://www.va.gov/vetapp16/Files3/1621739.

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Citation Nr: 1621739
Decision Date: 05/31/16
DOCKET NO.
)
)

Archive Date: 06/08/16

06-38 772 ) DATE

On appeal from the

Department of Veterans Affairs Regional Office in San Juan, the Commonwealt
THE ISSUE

Whether the appellant qualified as a surviving spouse, based on effective d

REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
David Gratz, Counsel
INTRODUCTION

The Veteran served on active duty from July 1951 to June 1954, including in

This matter comes before the Board of Veterans' Appeals (Board) on appeal f
In September 2007, the appellant testified at a hearing at the RO before a
In October 2009, the Board remanded this case for further development.

The

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R.
FINDINGS OF FACT
1.

The April 1981 Certificate of Marriage Registration signed by the City

2.

The marriage between the Veteran and the appellant occurred in Septembe

3.

The appellant entered into the marriage to the Veteran without knowledg

4.

The appellant cohabited with the Veteran continuously from the date of

5.

No claim has been filed by a legal surviving spouse who has been found

6.

The appellant and the Veteran were married until his death.

7.

The appellant qualifies as the surviving spouse of the Veteran at the t

CONCLUSION OF LAW

The appellant is entitled to recognition as the surviving spouse of the Vet

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The Board sympathizes with the appellant in light of her loss.

For the rea

For VA's purpose of determining whether the claimant can be established as

Second, in the absence of conflicting information, proof of marriage that m

Notwithstanding the foregoing, VA provides an alternative to the "valid mar

Here, as discussed above, the appellant has satisfied the "proof of marriag

With respect to 38 C.F.R. 3.52, to be deemed valid a marriage must satis

Finally, 38 C.F.R. 3.205(c)-in addition to mandating that the requiremen

The Board has also considered the applicability of 38 C.F.R. 3.350(b), w

After reviewing that evidence, the Board finds that the appellant's stateme
ORDER
The appellant is recognized as the surviving spouse of the Veteran for the

____________________________________________
STEVEN D. REISS
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs