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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
KATHRYN MARTINEZ REMINGTON, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before GREENBERG, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
GREENBERG, Judge: Kathryn Martinez Remington appeals pro se an August 16, 2018, Board of Veterans’ Appeals decision that determined the appellant could not be recognized as the surviving spouse of Vietnam War veteran Andrew D. Martinez. Record (R.) at 4-12. The appellant presents many allegations of error regarding the Board’s decision that the Court will construe as a challenge to the Board’s statement of reasons or bases for its determination that she and the veteran did not hold themselves out to the community as married after their October 2009 divorce. Appellant’s Informal Brief at 1-29; see also Calma v. Brown, 9 Vet.App. 11, 15 (1996) (it is the Court’s practice to liberally construe the pleadings of pro se appellants). For the following reason, the Court will set aside the Board’s August 2018 decision and remand the matter for readjudication.
The Veterans Administration was established in 1930 when Congress consolidated the Bureau of Pensions, the National Home for Disabled Volunteer Soldiers, and the U.S. Veterans’ Bureau into one agency. Act of July 3, 1930, ch. 863, 46 Stat. 1016. This Court was created with the enactment of the Veterans’ Judicial Review Act (VJRA) in 1988. See Pub. L. No. 100-687, § 402, 102 Stat. 4105, 4122 (1988). Before the VJRA, for nearly
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Single Judge Application; Common Law Marriage; 38 C.F.R. § 3.205(a)(6) does not require the veteran and the appellant to have held themselves out as married in "all aspects."; Rather, the regulation states that the appellant must provide evidence that the parties cohabitated for the requisite period, that they held themselves out as married, and that they were generally accepted as married in the communities in which they lived;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 18-6983KATHRYN MARTINEZ REMINGTON, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before GREENBERG, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. GREENBERG, Judge: Kathryn Martinez Remington appeals pro se an August 16, 2018, Board of Veterans'...