Discussion in 'Eligibility Questions' started by rapideye, Nov 18, 2013.

  1. rapideye

    rapideye Newbie

    My Mother is the widow of a Veteran. He passed away when they were both in their early 30's. She remarried a non-veteran and they divorced after a few years. Would my mother be eligible for benefits based on my Father's service?

    2nd question- I suspect that at some point I received aid for school based on my Father's service. I also think my Mother may have received some benefit. Is there a way to find this out?

  2. vetadmin

    vetadmin Administrator Staff Member

    The regulations regarding this situation are as follows:

    The following pertains to divorces to another spouse after the death of the (veteran) 1st husband prior to Nov 1 1990. Remarriage or Relationship Terminated Prior to November 1990

    An earlier law may still be relevant in cases where the remarriage or relationship is not void or annulled. The earlier law bases entitlement to VA benefits on when the remarriage or relationship

    For example, the 1990 law may have current application where a VA claimant previously filed a claim for survivor benefits, but the claim was never adjudicated and is still pending. Or, the 1990 law may be relevant where a CUE motion challenges a previous final VA or BVA denial of benefits due to the claimant's remarriage. The following rules apply to remarriages or relationships terminated prior to November 1990:
    On or after January 1, 1971, remarriage of a surviving spouse that is terminated prior to November 1, 1990 (or terminated by legal proceedings begun prior to November 1, 1990), does not bar entitlement to VA benefits if the remarriage has been terminated by death or dissolved by divorce.

    On or after January 1, 1971, the fact that a surviving spouse has lived with another person and held himself or herself out openly to the public as the spouse of such other person does not bar eligibility for VA benefits if the relationship terminated prior to November 1, 1990.

    On or after January 1, 1971, benefits previously barred because of conduct or a relationship that raised an inference or presumption of remarriage, or because of open and notorious adulterous cohabitation or similar conduct, does not bar eligibility for VA benefits if the relationship terminated prior to November 1, 1990.
    Since 1990, the law has shifted a number of times with regard to surviving spouses who remarry or engage in marital-type conduct after the veteran's death. From November 1, 1990, until 1998, the law was very harsh.

    With only limited exceptions, remarried surviving spouses (or those who were in a maritaltype relationship with another person) who applied on or after November 1, 1990, were prevented from obtaining survivor benefits even if their relationship had ended. However, remarried surviving spouses who had applied for benefits prior to November 1, 1990, and whose marriage terminated prior to that date, were allowed to continue receiving their benefits.
    This strict prohibition put in place in 1990 has changed incrementally. Based on these incremental changes, there are currently several categories of remarried surviving spouses who may be entitled to DIC and other VA benefits.

    Regarding the assistance you got for school, and a benefit your Mom may have gotten, you would need to contact the VA directly to inquire about this.

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