Veterans

June 26, 2014

VA provides guidance to same-sex married couples seeking benefits

WASHINGTON — After close consultation with the Department of Justice (DOJ), the Department of Veterans Affairs (VA) is providing guidance to same-sex married couples on the benefits and services to which they are entitled under current laws and regulations.

“VA worked closely with DOJ to develop guidance to process cases involving same-sex marriages and to implement necessary changes swiftly and smoothly in order to deliver the best services to all eligible Veterans,” said Acting Secretary of Veterans Affairs Sloan D. Gibson.

The U.S. Supreme Court overturned section 3 of the Defense of Marriage Act (DOMA), which governed the definitions of “marriage” and “spouse” for all federal agencies. However, there remain certain provisions of federal law governing Veterans’ benefits and services that, like DOMA, define a spouse as a member of the opposite sex. In September 2013, the U.S. Attorney General announced President Obama’s directive to cease enforcement of those VA-specific definitional provisions.

However, another provision of the law governing VA – 38 U.S.C. § 103(c) – requires the Department to look to the place of residency rather than the place of celebration to determine whether a Veteran’s marriage is recognized for the purposes of VA benefits. This statutory requirement to look at the laws governing marriage in the place where the Veteran or Veteran’s spouse resided at the time of the marriage or at the time they filed their claim or application precludes VA from recognizing certain same-sex marriages, such as when a couple has never lived in a state that recognizes same-sex marriages. VA has worked with DOJ to develop guidance to process claims and applications for same-sex married couples while still following the statutory requirement to look to the place of residency.

VA is committed to treating all Veterans and their spouses as equally as possible under the law. Since the Windsor decision, VA has worked with DOJ to develop guidance to process claims and applications for same-sex married couples while still following the statutory requirement to look to the place of residency. Importantly, the administrations within VA will aim to apply the same level of scrutiny to all Veterans’ marriages, regardless of whether it is a same-sex or opposite-sex marriage. VA will therefore process claims and applications involving same-sex marriage in the same manner that VA processes claims based on opposite-sex marriage without any additional scrutiny or development. This means generally that VA will accept a claimant or applicant’s assertion that he or she is married as sufficient evidence to establish a Veteran’s marriage for the purpose of VA benefits. VA has made efforts to ensure that claimants will not be negatively impacted as a result of the time that has passed while developing this guidance.

VA is now processing all claims and applications involving same-sex marriages that were previously being held by the program offices. VA launched a new website and is continuing to update forms to inform Veterans and beneficiaries of the recent changes in the law and procedures. The new website provides important information to help Veterans and beneficiaries understand the eligibility requirements under federal law and VA regulations, and answers frequently asked questions.

“Our commitment to provide all eligible Veterans and their families with their earned care and benefits will continue to be our focus as VA begins recognizing same-sex marriages to the extent the law will allow.” Gibson said. “We will work with lawmakers to address the changes that are necessary to allow all veterans and their families to access the benefits they have earned and deserve.”

Veterans can learn more about VA’s guidance regarding same-sex marriages at http://www.va.gov/opa/marriage/ or by reaching out to one of our Call Centers at 1-800-827-1000.




All of this week's top headlines to your email every Friday.


 
 

 

Free Tax Services available on Davis-Monthan AFB

The Volunteer Income Tax Assistance tax center opened its doors today for Active Duty, National Guard, Reserve and Public Health personnel. There are 35 volunteers at the VITA office to include 27 tax preparers with the ability to conduct 10 appointments at a time. “The volunteers here are IRS certified tax preparers,” according to Skip...
 
 

Just American: A century of Black life

COLUMBUS AIR FORCE BASE, Miss. (AFNS) — Black History Month, or National African American History Month, is an annual celebration of achievements by black Americans and a time for recognizing the central role of African Americans in U.S. history. The event grew out of “Negro History Week,” the brainchild of noted Harvard-trained historian Carter Woodson....
 
 

Local Briefs February 27, 2015

Scholarship applications available Davis-Monthan Officer’s Spouses’ Club and the Enlisted Spouses Association are accepting scholarship applications from  Military Dependents who are: -Spouses pursuing an Undergraduate or graduate degree -Graduating High School Seniors Application packets are available at: Davis-Monthan Thrift Shop, Airman and Family Readiness Center, School Liaison Office...
 

 
(U.S. Air Force photo by Airman 1st Class Chris Drzazgowski)

D-M puts its agencies to the test

An aircraft crash training exercise was held at the Combat Arms Training and Maintenance range here Feb. 19. The simulated crash site was scattered throughout a two mile radius. “The idea was to test the base’s capabilities...
 
 

Defeating “Monster Mouth”

(U.S. Air Force photo by Airman 1st Class Chris Drzazgowski) Airman Jessika Silva-Gomez, 355th Dental Squadron dental assistant, helps a child sort out foods that are beneficial to dental hygiene during a presentation at the Finley Child Development Center at Davis-Monthan Air Force Base, Feb. 24. Personnel from the 355th DS provided examples of proper...
 
 

Why Air Force Smart Operations – or AFSO?

JOINT BASE SAN ANTONIO – RANDOLPH, TEXAS — Confucius once said that in order for a man to move a mountain he must first begin by carrying away its small stones. Now, if one is to imagine the Air Force as that giant mountain, how does an Airman begin trying to move it? That is,...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Directory powered by Business Directory Plugin