Would Like Definitive Answer re Spouse Eligible for A&A if Widowed Second Time

Discussion in 'General Discussion' started by BSquared18, Oct 21, 2011.

  1. BSquared18

    BSquared18 Newbie

    Hello,

    I'm amazed at how difficult it is to receive a definitive answer about A&A eligibility. I've queried several forums and get conflicting answers.

    My mother, who is 103, lives in an assisted living facility. My father, her first spouse, was a veteran of World War II. When he died (was honorably discharged at the end of the war), they were still married. Subsequently, she remarried. Her second spouse (not a veteran) also died while they were married. Her assets total less than $60,000. She needs assistance with bathing, cooking, etc.

    Can someone direct me to where the eligibility requirements are spelled out, or give me a well-documented answer (instead of an opinion)?

    Thanks,
    Bill
     
  2. vetadmin

    vetadmin Administrator Staff Member

    When did the second husband die?
     
  3. BSquared18

    BSquared18 Newbie

    He died near the end of 2009.

    By the way, in addition to her fixed assets, she receives a monthly Social Security payment and a small (about $300/month) annuity. Is income taken into consideration when determining eligibility?

    Bill
     
  4. Fit2009

    Fit2009 Sr. Member

    Sorry you are getting the run around - people find it confusing because the rules are different for DIC (veteran died because of service injury) and PENSION - which is what this forum is dedicated to.

    Per - M21-1MR, Part IV, Subpart iii, Chapter 3, Section F30.
    Effect of the Termination of a Surviving Spouse’s Remarriage, Continued
    b.Consideration of Termination Prior to November 1, 1990
    PL 101-508 provides that a surviving spouse claimant whose remarriage has
    been terminated by divorce, death, or termination of conduct warranting an
    inference of remarriage can be recognized as the veteran’s surviving spouse
    only if the termination of the remarriage took place before November 1, 1990.
    Exception: DIC may be reinstated after September 30, 1998. See M21-1MR,
    Part IV, Subpart iii, 3.F.33.

    So, unfortuantely, the answer to your question is no.
     
  5. BSquared18

    BSquared18 Newbie

    Re: "So, unfortuantely, the answer to your question is no."

    Thank you for the information. You saved me the time it would take to submit all the materials only to find that out.

    Bill
     

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