Michele D. Burden v. Eric K. Shinseki

KASOLD, Chief Judge:

Mrs. Michele D. Burden is the surviving spouse of Vietnam veteran Louis E. Burden. She appeals through counsel an August 11, 2009, decision of the Board of Veterans’ Appeals (Board) that denied dependency and indemnity compensation (DIC) because she was not Mr. Burden’s surviving spouse for at least one year prior to Mr. Burden’s death. See 38 U.S.C. §§ 1102, 1304, 1541(f) (establishing requirements for the receipt of surviving spouse benefits). Mrs. Burden argues that the Board erred (1) by applying Alabama’s “clear and convincing proof’ requirement for establishing a…