resided at the time of marriage, or the law of the place where the parties resided when the right to benefits accrued.” 38 C.F.R. § 3.1(j). Here we rely on the general common law meaning of the term “desert” rather than looking to the law of any particular state. 6 . Thus, we need not decide whether Board decisions applying an interpretation without discussing it or agency litigating positions are entitled to deference. See Auer v. Robbins, 519 U.S. 452, 462, 117 S.Ct. 905, 137 L.Ed.2d 79 (1997) (stating that "a ‘post hoc rationalization' advanced by an agency seeking to defend past agency action against attack” was not entitled to deference but according deference to an agency’s amicus brief); Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 212-13, 109 S.Ct. 468, 102 L.Ed.2d 493 (1988) (<HOLDING>); see also Cathedral Candle Co. v. Int’l Trade
recognizing that the question of whether courts should extend chevron deference to an agencys interpretation of an explicit preemption provision remains open holding regulations entitled to chevron deference holding that the directors litigating position was not entitled to chevron deference but did warrant skidmore respect on certain issues where the arguments were persuasive and the agencys manual and practice had for some time consistently advanced a reasonable position holding in the chevron context that deference to what appears to be nothing more than an agencys convenient litigating position would be entirely inappropriate holding that courts will not defer to an agencys litigating position where it contradicts the agencys prior regulations rulings or administrative practice