Citation Nr: 18161012
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 16-53 704A
DATE:	December 28, 2018

ORDER

Entitlement to reinstatement of Department of Veterans Affairs (VA) Dependency and Indemnity Compensation (DIC) benefits to the Appellant is granted.  

FINDINGS OF FACT

1. The Veteran and the Appellant were married in June 1987.  

2. The Veteran died in January 1990.  

3. In February 1990, VA granted service connection for the cause of the Veteran’s death.  

4. In March 1990, the Appellant was awarded VA DIC benefits. 

5. In July 1991, the Appellant informed VA that she had married R.J.  

6. In July 1991, VA terminated payment of DIC benefits to the Appellant.  

7. In January 2015, the Appellant and R.J. were divorced.  

CONCLUSION OF LAW

The criteria for reinstatement of payment of VA DIC benefits to the Appellant have been met.  38 C.F.R. § 3.55(a)(3).  

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service from August 1966 to September 1988.  The Veteran died in January 1990.  The Appellant is his surviving spouse.  

Reinstatement of Payment of VA DIC Benefits

On or after October 1, 1998, the remarriage of a veteran’s surviving spouse which is terminated by death, divorce, or annulment will not bar the furnishing of DIC unless the Secretary of VA determines that the divorce or annulment was secured through fraud or collusion.  38 C.F.R. § 3.55(a)(3).  

The Veteran and the Appellant were married in June 1987.  The Veteran died in January 1990.  In February 1990, VA granted service connection for the cause of the Veteran’s death.  In March 1990, the Appellant was awarded VA DIC benefits. 

In July 1991, the Appellant informed VA that she had married R.J.  In July 1991, VA terminated payment of DIC benefits to the Appellant.  

In January 2015, the Appellant and R.J. were divorced.  In April 2015, the Appellant sought reinstatement of payment of VA DIC benefits to her.  

The Appellant was awarded VA DIC benefits as the Veteran’s surviving spouse in March 1990.  Payment of DIC benefits to the Appellant was terminated following her July 1991 remarriage.  The Appellant’s second marriage ended as the result of the January 2015 divorce.  The record is devoid of any showing that the Appellant has remarried following the 2015 divorce.  Therefore, the Board of Veterans’ Appeals (Board) finds that reinstatement of payment of VA DIC benefits to Appellant is warranted.  38 C.F.R. § 3.55(a)(3).  

 

MARTIN B. PETERS

Acting Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	J. T. Hutcheson, Counsel