If you’re a service member in a same-sex relationship, it’s only natural that you may be wondering about VA benefits you have as a couple or as a surviving spouse.
The Department of Veteran Affairs declares that it’s dedicated to serving all eligible service members, veterans, and their families, including same-sex relationships. It understands the diversity within the population, including the Lesbian, Gay, Bisexual, and Transgender (LGBT+) community.
The VA is committed to helping diverse service members and veteran community members. As such, the VA has offered guidance and support on how federal law VA recognizes all marriages.
To learn more about the VA benefits same-sex couples can obtain, keep reading.
In this article about VA benefits for same-sex couples:
- What Is the VA’s Stance on Same-Sex Relationships?
- Who is considered a spouse for purposes of VA benefits?
- What Benefits Are Available to My Spouse?
- Dependents’ Educational Assistance Program
- Post-9/11 GI Bill
- Health Care Benefits
- Cash Survivor Benefits
- Burial Benefits
- Home Loan Benefits
- Which Benefits Can Same-Sex Service Members Designate a Beneficiary?
- Service members’ Group Life Insurance (SGLI)
- Veterans’ Group Life Insurance (VGLI)
- Veterans’ Educational Assistance Program (VEAP)
- GI Bill
- Does the VA Recognize Common Law Marriage?
- Does the VA Recognize Domestic Partnership?
- How Will VA Treat the Children of Same-Sex Couples?
- If I Marry a Veteran Am I Eligible for Health Benefits?
- Is a Divorced Spouse Entitled to VA Disability Benefits?
- What Supporting Evidence Do I Have to Submit With My Claim to Add My Same-Sex Spouse as a Dependent?
- The Same Sex Benefits Available
What Is the VA’s Stance on Same-Sex Relationships?
The VA recognizes all same-sex marriages without regard to a service member’s state of residence. As such, the VA has put together guidance to assist with cases involving same-sex spousal benefits. They’ve made the requirements to deliver the highest-quality services to the United States’ veterans equally.
The VA encourages all service members in same-sex marriages who think they are eligible and entitled to benefits to apply. Veterans whose claims were previously rejected based on prior guidance must also re-apply for benefits.
Some various benefits and services depend upon an ex-service member’s marital status. These include specific benefits to a veteran’s ‘spouse’ or ‘surviving spouse.’
VA will typically accept a claimant’s statement that they are married. However, they may investigate if the claim seems unreliable. This same process occurs regardless of whether the service member is in a heterosexual marriage or a same-sex marriage. In the case of survivor benefits for same-sex couples, the survivor must show satisfactory evidence that they were effectively in a marital relationship with their veteran for the period of time required for eligibility, if they were legally kept from marrying earlier.
Same-sex marriage was legalized in all fifty states in the United States on June 26th, 2015. So, the VA made the process to update all forms that asked for marital status and dependent information. This was to make clear that same-sex married couples and their dependents are welcome to apply for benefits.
References to the words ‘husband’ or ‘wife’ were replaced with ‘spouse.’ Suitable references to children of same-sex marriages were included.
Who is considered a spouse for purposes of VA benefits?
The VA would recognize a servicemember’s marriage if it was made under the law of the location where at least one of the parties lived when they were married or if it was recognized when the applicant became qualified for benefits. The VA currently recognizes all same-sex marriages without concern to a servicemember’s current or preceding state of housing.
What Benefits Are Available to My Spouse?
If the VA recognizes your same-sex marriage as valid, your spouse, or a surviving spouse may be able to obtain various VA benefits. Let’s go through them.
Dependents’ Educational Assistance Program
Your spouse may be eligible for educational benefits if the VA has deemed you permanently disabled. But, the disability must be due to either permanent unemployability occurring from a service-connected disability or a permanent 100% service-connected disability compensation rating.
Marrying a disabled veteran means you may be eligible for the VA’s Dependents’ Educational Assistance program. The scheme covers up to three years and nine months’ worth of educational advantages for your partner.
To apply, your spouse must complete the Dependents’ Application for VA Education Benefits. Then, they must send it to the VA Regional Office in the state where the educational facility is located. If your spouse is already enrolled, they must also submit an Enrollment Certification form.
Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veteran’s Firm, is often asked about veterans’ disability claims and appeals.
Post-9/11 GI Bill
Service members still on active duty can potentially transfer their unused Post-9/11 educational benefits to their partner for use during or after their tour of duty. The Post-9/11 GI Bill (Chapter 33) helps you fund school or job training. This transfer must be made using the online system milConnect.
Health Care Benefits
If you’re permanently or totally disabled because of unemployability or a service-linked disability, your spouse may be eligible for health care benefits. These health care benefits are made through the VA program CHAMPVA. Browse the VA website to discover how to apply for health care and look through the CHAMPVA handbook to learn more about the benefits.
Cash Survivor Benefits
If you’re a surviving spouse, you may qualify for a monthly cash benefit from the VA. There are two forms of survivor cash benefits. These are dependency and indemnity compensation (DIC) and death pension. Applicants can only obtain one of these benefits, not both.
Burial Benefits
Surviving spouses are also eligible for burial and memorial benefits. This is only if their partner died while serving on active duty or after release from duty.
These advantages include reimbursement for burial costs, burial in a national cemetery, and bereavement help and counseling.
Home Loan Benefits
Surviving spouses of service members may be entitled to use the VA’s home lone guarantee program to receive a mortgage without a down payment or private mortgage insurance (PMI.)
Which Benefits Can Same-Sex Service Members Designate a Beneficiary?
There are some benefits can same-sex service members can designate a beneficiary. In some cases, this may make things easier than proving a marriage or civic union. These insurance and other benefits will go directly to a named beneficiary without the extra paperwork of proving a relationship.
Service members’ Group Life Insurance (SGLI)
Service members’ Group Life Insurance offers affordable coverage to eligible service members. If you’re a veteran who meets specific criteria, the VA will automatically sign you up. Check online if you’re qualified and discover how to use your SGLI coverage.
Life insurance benefits you can receive with SGLI include:
- Coverage up to the highest limit of $400,000—in $50,000 increments
- 120 days of complimentary coverage from the date you left the military
- Extension of complimentary coverage for up to two years (if you’re totally disabled) when you leave the military
If you’re a reserve member who isn’t eligible for full-time coverage, be sure to research about SGLI-disability extension part-time coverage.
If you’re eligible for SGLI, VA will automatically sign you up via your service branch. Be sure to check your unit’s personnel office for more help and information.
If you want to make changes to your coverage, that’s possible to. You’re entitled to choose your level of coverage or even reject it. You can also select your beneficiaries, such as your spouse, to receive the money from your life insurance policy if you die.
Here, one of our VA disability lawyers talks about what we do when we appeal your case to the Veteran’s Administration.
Veterans’ Group Life Insurance (VGLI)
By opting for Veterans’ Group Life Insurance (VGLI), it’s possible to keep your life insurance protection once you leave the military if you continue to cover the premiums.
Life insurance benefits you can receive with VGLI include:
- $10,000 to $400,000 in life insurance advantages, grounded on the levels of SGLI coverage you had when you left the military. Note: When you leave the military, you can apply for VGLI for protection up to the amount you had through SGLI
- You can also grow your coverage by $25,000 every five years up to $400,000. You can keep extending until you’re 60 years old.
To obtain these benefits, you must apply for VGLI within one year and 120 days of leaving the military. If you register within 240 days of leaving the army, you don’t need to show that you’re in good health. However, if you apply after the 240-day timeframe, you must submit evidence to show that you’re in good health.
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Veterans’ Educational Assistance Program (VEAP)
It’s possible to continue your education by using some of your military pay to help cover school fees. Discover if you can receive benefits through the Veterans’ Educational Assistance Program (VEAP). This is a $2-to-$1 government-match program for educational help.
How many months benefits you receive (up to 36) depends on how much money you submit into your VEAP each month. Following your release from activity duty, you have ten years to use your VEAP benefits. If you don’t use the money after ten years, VA will automatically refund it back to you.
If you’re currently on active duty and want to use VEAP, you must have a minimum of three months of contributions.
GI Bill
As mentioned, GI Bill benefits help service members and family members to pay for college, graduate school, and training programs. Since 1944, the GI Bill has assisted eligible veterans, and their family members receive money to cover all or part of the fees for school or training.
If you applied for and received Post-9/11 GI bill education benefits, your GI bill statement of benefits will display how much of your benefits you’ve used and how much remains.
The GI bill comparison tool and veterans service organizations can assist you in exploring options and discovering what benefits you can receive.
Does the VA Recognize Common Law Marriage?
The VA recognizes a common law marriage if the state in which the service member lives recognizes common law marriage. As well as this, the state’s requirements for a common-law marriage must be met. States that recognize common law marriage are:
- Alabama
- Colorado
- District of Columbia
- Georgia *
- Idaho *
- Iowa
- Kansas
- Montana
- New Hampshire *
- Ohio *
- Oklahoma
- Pennsylvania *
- Rhode Island
- South Carolina
- Texas
- Utah
* These states have some more rigorous stipulations, so check your local laws for the specifics.
Does the VA Recognize Domestic Partnership?
The VA recognizes marriages as only those relationships that are documented as ‘marriages’ under state law.
If the service member shows that his or her same-sex marriage is common-law marriage, VA staff must determine whether the relationship succeeds as common-law marriage under the standards applicable to all common-law marriages.
How Will VA Treat the Children of Same-Sex Couples?
Children of same-sex marriages will be measured by the same standards as the children of a veteran in a heterosexual marriage. The VA accepts evidence documentation. This includes birth certificates, adoption decrees, and any other judicial decrees.
If I Marry a Veteran Am I Eligible for Health Benefits?
Yes, if you’re the spouse, surviving spouse, dependent child, or family caregiver of a service member, you may be eligible for health care benefits regardless of your gender. In some circumstances, you may also qualify for health care benefits because of a disability linked to your veteran’s service.
Is a Divorced Spouse Entitled to VA Disability Benefits?
Most monetary VA benefits stay with the eligible service member after a divorce. This includes disability compensation and veteran’s pensions. This is because payment is entirely founded on their qualifying military service.
A spouse’s VA benefits via the CHAMPVA also conclude following a divorce to the eligible service member. As a rule, only current or surviving spouses and dependents are considered for VA benefits.
What Supporting Evidence Do I Have to Submit With My Claim to Add My Same-Sex Spouse as a Dependent?
The VA needs the same evidence for applications involving same-sex marriage as claims based on heterosexual marriage. Typically, the VA will accept an applicant’s assertion that they are married as enough evidence to establish a service member’s marriage for VA benefits and services.
But, the VA may investigate if an assertion about a marriage appears unreliable or ingenuine. The VA will not treat claims on same-sex marriages any differently than heterosexual marriages and neither will our staff at Woods and Woods.
The Same Sex Benefits Available
If you’re married to a service member and have been denied same-sex benefits, here at Woods and Woods, The Veterans’ Firm, we’re here to help. Our team is committed to assisting United States veterans and their families receive the support and help they need and deserve.
We know how complicated the laws overseeing veterans’ benefits are, after all. Our helpful and knowledgeable accredited VA compensation lawyers are here to answer any questions you may have about same-sex benefits.
If you’re a service member or are the same-sex spouse of one, contact us today for help and assistance.
You’ll have to prove that you were together and not divorced at the time of the veteran’s death. But yes, the VA recognizes common law marriages when working through surviving spouse VA disability benefit applications.
Yes. The VA is not allowed to show discrimination based on gender. Once you prove that you are married, you can enjoy the same VA disability and surviving spouse benefits that straight couples receive.