BVA9506237 
DOCKET NO.  93-08 883     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Anchorage,
Alaska

THE ISSUE

Entitlement to additional compensation for a spouse.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Thomas C. Taylor, Associate Counsel

INTRODUCTION

The veteran served on active duty from October 1946 to February
1950 and from August 1956 to July 1959.  This matter came before
the Board of Veterans' Appeals (Board) on appeal of a May 1990
determination by the Department of Veterans Affairs (VA) Regional
Office (RO) which denied additional disability compensation for a
spouse.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends that, despite the absence of a divorce
decree from an earlier spouse,  the VA should recognize his more
recent wife for the purposes of additional benefits for a spouse.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the veteran's claims file.
Based on its review of the relevant evidence in this matter, and
for the following reasons and bases, it is the decision of the
Board that entitlement to additional compensation for a spouse is
warranted.

FINDING OF FACT

The veteran is married.

CONCLUSION OF LAW

The veteran is entitled to additional disability compensation for
a spouse.  38 U.S.C.A. §§ 103, 501, 1115, 5107 (West 1991);  38
C.F.R. §§ 3.1, 3.50, 3.102,  3.204, 3.205 (1994).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The RO, by a decision dated in January 1990, granted service
connection for the veteran's combat incurred gunshot wounds and
evaluated him as having a combined 60% disability rating.  The
veteran does not disagree with this award.  He seeks, however, an
increase in the amount of compensation because of the dependency
of a spouse.  See 38 U.S.C.A. § 1115.  He submitted a certificate
of marriage to his current spouse, dated in September 1950.  The
Board finds that the veteran's claim is well grounded within the
meaning of 38 U.S.C.A. § 5107.

Once a claimant has submitted a well grounded claim, that is a
claim which is plausible, either by reason of being meritorious
on its own or "capable of substantiation," 38 U.S.C.A. § 5107(a)
requires the VA to "assist such a claimant in developing the
facts pertinent to the claim."  Murphy v. Derwinski, 1 Vet.App.
78, 80 (1990); Sagainza v. Derwinski, 1 Vet.App. 575, 580 (1991).
The Board finds that the RO has adequately developed the facts
and adjudicated the claim to allow for the Board's review.

The Applicable Law

Marriage means a marriage valid under the law of the place where
the parties resided at the time of marriage, or the law of the
place where the parties resided when the right to benefits
accrued.  38 U.S.C.A. § 103(c);  38 C.F.R. § 3.1(j).  Wife means
a person whose marriage to the veteran meets the requirements of
38 C.F.R. § 3.1(j).   38 C.F.R. § 3.50(a).  Spouse means a person
of the opposite sex who is a wife or husband.  38 C.F.R. §
3.50(c)

The evidence to be requested for the purpose of establishing
marriage are indicated in 38 C.F.R. § 3.205.   38 C.F.R. §
3.204(a).   Marriage is established by a copy of the public
record of marriage, certified or attested, or by an abstract of
the public record, containing sufficient data to identify the
parties, the date and place of the marriage, and the number of
prior marriages by either party if shown on the official record,
issued by the officer having custody of the record or one
authorized to act for such officer bearing the seal of such
office, or otherwise properly identified.  38 C.F.R.
§ 3.205(a)(1).  Marriage may also be established by any other
secondary evidence which reasonably supports a belief by the
adjudicating activity that a valid marriage actually occurred.
38 C.F.R. § 3.205(a)(7).

The Evidence

The veteran resides in Alaska.  On the veteran's first
application for VA benefits, dated in September 1989, he stated
that he had one prior marriage in 1946, ending in divorce in
October 1949, in Reno, NV.  Upon response for additional evidence
of that divorce, the veteran submitted a statement indicating the
date and place of that divorce as "unknown," as well as a
statement from the Second Judicial District Court, Washoe County,
Reno, Nevada, that there is no record on file concerning
dissolution of his first marriage.  The veteran has indicated
that, while stationed in Germany, he had received a letter in
August 1948, stating that his first wife had divorced him.  The
veteran testified that he has never heard from or seen her since
that time.  The veteran has provided a certified copy of a State
of Nevada certificate of his marriage to his current spouse,
dated in September 1950.  This document does not provide comment
or notice of any prior marriages by either the groom or bride.

Analysis

The veteran has stated that he was first married in 1946.  The
Board finds this was a valid marriage.  38 C.F.R. § 3.205(a)(7).
The veteran has also provided VA with a certified copy of a
certificate showing his marriage to his current spouse.  If the
veteran was not divorced from his first wife, and she is still
living, then he is married to her.  If the veteran was divorced
from his first wife, or she is no longer living, then he is
married to his current spouse.

Unlike many other VA benefits, the VA need not determine the
dependency of a spouse in order to award additional service-
connected disability compensation for a spouse.  The Board finds
that the veteran does indeed have a spouse, and its inquiry as to
entitlement of additional service-connected disability
compensation for a spouse need go no further.

ORDER

Entitlement to additional compensation for a spouse is granted.

          RICHARD B. FRANK
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.

Page: 3
 S