38 CFR 3.53 - Continuous cohabitation
| Cite as | 38 CFR 3.53 |
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17 practice notes
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Sapp v. Wilkie, 16-2104
...of the veteran and that divorce proceedings between the veteran and Bettie were never finalized. Bettie's Board decision at 7-8; see 38 C.F.R. § 3.53 (2019); 38 C.F.R. § 3.205(b) (2019) (both establishing that certain evidence will be sufficient to establish a finding of fact in the absence......
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Capellan v. Peake, No. 2007-7236.
...1358 (Fed.Cir.2007) (accepting jurisdiction where the Veterans Court relied on erroneous interpretations of 38 U.S.C. § 101(3) and 38 C.F.R. § 3.53(b) in rejecting surviving spouse's claim for benefits); Wilson, 391 F.3d at 1211 (accepting jurisdiction and remanding for reapplication of EAJ......
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Alpough v. Nicholson, No. 2006-7304.
...thereof brought under this section." 38 U.S.C. § 7292(c). Louise argues that the Veterans Court misinterpreted 38 U.S.C. § 101(3) and 38 C.F.R. § 3.53(b) by requiring her to prove "misconduct" on the part of her spouse in order to be accorded surviving spouse status. Louise's challenge to t......
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Carter v. Cleland, Civ. A. No. 78-871.
...veteran will be considered as having been met when the evidence shows there was no separation due to the fault of the surviving spouse. 38 C.F.R. § 3.53 Thus, any action by a spouse, even after an initial separation, which disrupts the "continuous cohabitation" requirement, such as seeking ......
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17 cases
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Sapp v. Wilkie, 16-2104
...of the veteran and that divorce proceedings between the veteran and Bettie were never finalized. Bettie's Board decision at 7-8; see 38 C.F.R. § 3.53 (2019); 38 C.F.R. § 3.205(b) (2019) (both establishing that certain evidence will be sufficient to establish a finding of fact in the absence......
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Capellan v. Peake, No. 2007-7236.
...1358 (Fed.Cir.2007) (accepting jurisdiction where the Veterans Court relied on erroneous interpretations of 38 U.S.C. § 101(3) and 38 C.F.R. § 3.53(b) in rejecting surviving spouse's claim for benefits); Wilson, 391 F.3d at 1211 (accepting jurisdiction and remanding for reapplication of EAJ......
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Alpough v. Nicholson, No. 2006-7304.
...thereof brought under this section." 38 U.S.C. § 7292(c). Louise argues that the Veterans Court misinterpreted 38 U.S.C. § 101(3) and 38 C.F.R. § 3.53(b) by requiring her to prove "misconduct" on the part of her spouse in order to be accorded surviving spouse status. Louise's challenge to t......
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Carter v. Cleland, Civ. A. No. 78-871.
...veteran will be considered as having been met when the evidence shows there was no separation due to the fault of the surviving spouse. 38 C.F.R. § 3.53 Thus, any action by a spouse, even after an initial separation, which disrupts the "continuous cohabitation" requirement, such as seeking ......
Request a trial to view additional results