HELP!

Discussion in 'General Discussion' started by Avecsoul, Apr 7, 2017.

  1. Avecsoul

    Avecsoul Newbie

    Hello! I am trying to help my Aunt apply for Aid and Attendance and although I have a master's degree and have read all of the information (policy manual etc.) as well as called the VA and asked them, I am still unable to get my questions answered.

    My Aunt was married to a veteran who was injured in the war, spent a year in the hospital and ultimately died due to his intestines being not put back together correctly after his injury. After his discharge, he did receive a check (my aunt does not know what kind and the VA person I spoke with could not even find where he received any kind of benefit at all) My Aunt received 2 years worth of VA benefits after his death before she remarried at the age of 40. They stopped when she remarried. Her 2nd husband who was not a vet died 3 years ago. She is now on a walker and unable to go to the grocery store, drive, do her laundry etc. She needs assistance.

    I understand getting this benefit is quite difficult in terms of the application process and I don't want to go through this without understanding if she will be eligible. Can someone who understands the rules please offer your opinion about her circumstances mainly surrounding the remarriage of my Aunt and the fact that she did receive benefits after my uncle's death?

    P.S. My questions revolve around this statement I found in the FAQ:

    My father died and my mother remarried a non-veteran who has died. Is she eligible to apply based on my father’s service?
    Unless she was already receiving death benefits after your father died, she would not be eligible to make an application based on his service.

    Thanks so much!
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    Avecsoul, the only way your mother would be able to be eligible since she remarried a non-veteran is if there was evidence that her divorce from her first husband (the vet) was due to abuse. And even then it is a struggle to prove this to the VA. I'm sorry for the bad news. :(
     
  3. Avecsoul

    Avecsoul Newbie

    Thank you for your reply but my Aunt was still married to her veteran 1st husband when he died so your answer doesn't apply to her situation. There was no divorce. She was widowed.
     
  4. Kaylin

    Kaylin Hero Member Staff Member

    My apologies, Avecsoul! I was reading the bold statement you posted thinking it was your question. Then yes, you have the right idea thinking about the death benefits she was receiving when her husband passed away. I would think based on what you have told me that she could be eligible. It also depends on her current financial situation and his servicetime of course. But if it were me I think I'd go for it!
     
  5. VA Legal Team

    VA Legal Team Full Member

    She may be. In depends on the dates of the second marriage. Roughly, if the second marriage started during or after 1971 and ended during or before 1991, then the second marriage shouldn't disqualify.
     
    Kaylin likes this.

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