I think vetassist is wrong about re- marraige and death elgibility

Discussion in 'General Discussion' started by magnumpi28, Mar 6, 2009.

  1. magnumpi28

    magnumpi28 Jr. Member

    On vet assist website it states:
    Q. My father, a veteran, died and my mother remarried. Her second husband died and she is now in need of financial help because of deteriorating health. Can she apply for Aid & Attendance based on my father’s service?

    A. Unless she was receiving death benefits after your father died, she is no longer eligible to file a claim based on his service.

    However my local regional office told me that a surviving spouse whose second husband died CAN qualify, he even DOUBLE checked this with a supervisor.....Can anyone actually confirm that vet assist is wrong?
  2. magnumpi28

    magnumpi28 Jr. Member

    Here is another post on another forum that backs up what ive said:

    Many people have been given mis-information about this question:

    Will the widow of a wartime vet - who marries again, but her second husband is not a vet - be eligible for her first husband's benefits after being widowed by her second husband?
    If she qualifies under the income and care guidelines, then the answer is Yes! She definitely can collect the widow's benefit. Many people misunderstand this fine point, believing instead that she had forfieted her rights to the benefit by marrying a second time. Not true!
  3. nananorma

    nananorma Jr. Member

    I have a friend who is drawing benefits for her mother in the same situation. First husband was a qualified veteran from WWII. He died. She remarried a qualified veteran from Korean War. He died. She was qualified to draw on either, but had more records from first husband. Had to produce death certificates and marriage licenses from both, but is drawing from first husband. She and I filed at the same time when our mothers went into assisted living a few weeks apart. I helped her since she knew nothing about this benefit, so I am very familiar with her situation. Based on this experience, I think they were wrong to tell you she forfeited benefit by remarrying!
  4. vetadmin

    vetadmin Administrator Staff Member

    The following is some additonal information on this subject. As you will see, there is no simple answer to this question. It depends on dates and if the VA benefit was for pension or service-connected death benefits.
    YES she _*CAN*_ apply for Aid & Attendance based on the first veteran's service and YES she _*CAN*_ qualify but she may not qualify. There is no guarantee that she will be approved. There are just too many variables.

    I think this is why the VA rep was answering in a vague way. The VA rep would not have been allowed to review and discuss an individual case or claim. You have nothing to loose by filing except some time. Just no way to give a firm response. 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
    terminated. 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.
  5. Sandy

    Sandy searching for service-connected widows

    I am not specifically speaking about A and A. I do not know how those benefits differ between a spouse whose
    husband's death was service connected and one whose was not. I do know that a widow by service
    connection (spouse was 100% disabled or died on active duty) who remarries and loses her second husband
    does qualify to be reinstated with her DIC (dependent's indemnity and compensation) monthly check from the VA. She should also qualify for ChampVA medical insurance - ChampVA for Life if she is of Medicare age.
    The law regarding remarriage changed circa 1990 and now says that if you are over 57 years of age you can
    remarry and not lose all your benefits like was the case prior.
  6. This is correct.

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