Case 09-3233: Back
DecisionVeterans-appeals decision document (court public records) · · Unknown
Conditions Claimed
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Issues on Appeal
BackHipEye
Why It Was Decided This Way
The board noted that during his lifetime Burden had “provided no statements suggesting that he had consented to enter” into a common law marriage.
” After reviewing this evidence, the board concluded that “[t]here was no indication that BURDEN v.
She asserted that the board erred in applying Alabama’s clear and convincing proof standard to the question of whether she had entered into a valid common law mar- riage.
In her view, the board should instead have applied the “benefit of the doubt” rule contained in 38 U.
Burden argued, moreover, that the board failed to ensure that she was provided notice, pursuant to 38 U.
The court determined that section 5107(b)’s benefit of the doubt rule does not apply when determining the existence of a valid common law marriage because “Con- gress specifically addressed the standard of proof that must be applied by the Secretary” when it enacted 38 U.
Although it acknowledged that the Colemans had lived together for periods after their divorce and that Coleman’s death certificate indicated that he was married at the time of his death, the board determined that there was insuffi- cient evidence to establish that the Colemans had entered into a valid common law marriage after their divorce.
The board noted that in 1983 Coleman informed the VA that he lived alone, and a 1990 VA hospitalization report stated that Coleman was divorced and lived with his grandmother.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Preponderance Against|Duty To Assist|Cue
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