If it's been more than a yr since their decision and you/she didn't appeal, it is final and you could file a CUE.
Well I appealed every denial which is how I got her benefits. It doesn't seem wise to not appeal, wait a year and lose the ability to file an appeal just so you can file a CUE claim.
She can't be eligible for Chapter 35 until she becomes your spouse.
That is what I and many others have said for years but until the Cypert Peake case in 2008 set a precedent, the starting eligibility date of the Veteran was used by the VA for the spouse as well . It didn't matter to them that you weren't married at the time. They just recently started recognizing the precedent that this appel. decision set. It appears that you have to challege the past decison to get your benefits though.
Technically the claim for Chapter 35 is hers, not yours.
Yes. This is why my spouse gave the VA permission to talk to me about her claim and allow me to act on her behalf. When it came time for the hearing I requested to be set they said she didn't even have to attend, only me.