Same sex couples and VA claims

GUEST POST FROM ATTIG LAW FIRM

We don't know how the VA will implement a recent decision requiring that Federal government to pay Veterans benefits to same-sex couples.

With that qualification, I'd like to list some of the benefits that heterosexual Veteran couples receive from the VA; I don't see any reason why the VA would deny these same benefits to same-sex couples.

I can't possibly teach you everything you need to know about every possible benefit - so this post will be a rough guide, or checklist, in your efforts to learn more about the benefits you are now entitled to receive.

If you have questions, I highly recommend contacting an  Accredited VA Benefits Attorney.  

1) Dependent Benefits. Veterans that are married and have children receive higher disability compensation payments.  A married Veteran will receive an additional amount of compensation for a spouse (and if children are adopted in the marriage), and for all dependent children. 

Click here to see the VA Compensation Rate Tables for Veterans with a Spouse and Dependents.

2) Dependents Educational Assistance (DEA).  The spouse, sons, and daughter (including adopted or stepchildren) of particular categories of Veterans may be eligible to receive a wide range of educational benefits: from tuition assistance, to state-approved training courses, job training, reimbursement for some license and certification tests, and in some cases, tutorial assistance.   Educational Benefits can be complex, so if you have questions, call the VA, a VSO that you trust, or a VA Benefits attorney.

3) Dependency and Indemnity Compensation (DIC). This is a tax free monetary benefit paid to eligible survivors of military Service-members who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

4) Survivors' Pensions. This benefit, also known as a Death Pension, is a tax-free monetary benefit payable to a low-income, un-remarried surviving spouse and/or unmarried child(ren) of a deceased Veteran with wartime service.

5) Accrued Benefits. The surviving spouse of a decease Veteran who had a claim for benefits pending at the time of the Veteran's death may substitute into that Veteran's claim if they apply within one year of the Veterans death (or they may claim accrued benefits after that period, but the burdens of proof are a little harder).   This can often be a substantial benefit for surviving spouses of deceased Veterans.

6) Civil Service Hiring Preference. The un-remarried spouse of certain deceased Veterans, and the spouse of a living Veteran who is unable to work because of a service-connected disability, is entitled to a 10-point hiring preference in Federal Government job applications.

7) Commissary and Exchange Privileges.  The surviving spouse may, in some situations, be entitled to unlimited exchange and commissary store privileges in the United States.  Commissaries are, essentially, grocery stores on military bases.  Exchanges are retail stores - very similar to a "box store" on military bases.

8) Additional benefits, privileges, and opportunities may be available based on your unique situation; additionally, if you are a service-connected disabled veteran or surviving spouse of a service-connected disabled Veteran, you should contact a local property attorney to determine if your city, county, or state has additional tax benefits for which you might apply.

The bottom line - if you are the same-sex Spouse, or a same-sex Surviving Spouse of a Veteran, a whole new world of benefits has opened to your family.  One thing you should know is this: while there are very few Final Deadlines in VA Benefits claims, the amount you can receive is often tied to when you apply.  

So here is the First Rule of VA Benefits:

Rule #1:  When in doubt, file a claim.

If your claim is denied, talk to an attorney who routinely represents the Surviving Spouses of disabled Veterans.