PamelaQ

Thanks for continuing to look into this but I respectfully have to disagree with you on it. During this discussion I was concerned that I should lose my benefits, and I think it's odd to feel that way while on a forum dedicated to helping Veterans and their survivors get their benefits. From va.benefits.gov M21-1MRIII_iii_5_SecE.doc (same link I posted earlier) d. Perceived Common Law Marriage in a State That Does Not Recognize Common Law Marriages In VAOPGCPREC 58-91, the General Counsel held that if a surviving spouse believed he/she was party to a common law marriage with a Veteran in a State that does not recognize common law marriages, VA must determine whether or not the common law marriage may nevertheless be deemed valid under 38 CFR 3.52. Reference: For information on a Veteran or surviving spouse not living in a state recognizing common law marriages, see M21-1MR, Part III, Subpart iii, 5.C.16.

Hi Berta, no I mean you and I. I respect your opinion, I can tell you know a lot about DIC. I don't know as much. My only contact with NVLSP is as a donor. If you think that I might not have qualified for DIC that would give me cause for concern and caution. If I were to find out for sure that I shouldn't be receiving it I will return it to them myself. I've always been a law abiding citizen. Thanks. By posting the VA regs I meant that I thought a marriage could be invalid according to state common law but valid according to the VA. I take this as an improvement that was help people like me. At least that's how I read it.

Sorry Berta, I guess I didn't read it closely enough. But I still agree with BVA that the marriage in this case was invalid. The 10 month marriage invalidates any common law marriage. I know this is true because when my husband was sick we considered getting officially married. But I was told then by DAV that he would have to live a year after an official marriage for me to get DIC. So that is why we didn't do it. As with most people here I have spent a lot of time studying. But I didn'y take an official class. What do you think of what I posted about theVA not deeming marriages valid only based on state law, but on their own regulations? Thanks for giving me the contact, I guess maybe I will wait to contact him until we agree on whether my marriage is valid. I don't want to open up a can of worms.

No Philip, I appreciate your input. The way I quoted you makes it look like my post was directed at you. The first part yes, but i think you're right to recommend caution. It's hard to know whether to trust the big gov powers or not! Sorry I wrote my post to look like that. I hardly ever use the internet or even email. As far as the rest of it, I'm also glad that Berta got me researching a little bit. I feel more comfortable this morning that I was right about getting the DIC. Not just that I was worried about it being taken away, but I needed to be sure that what I applied for and was given was lawful. I feel now like it was and I'll give the VARO a call today then maybe look into the other person suggested, depending on what they say. I know we got a little bit off topic but I guess it's all related. The VA is such a maze to work through.

Berta I read this case, I believe this was not service-connected DIC, which is why the marriage was invalid.

Here is the Section that applies: (from the link I posted) " 26. Deemed Valid Marriage Introduction This topic contains information on the requirements for a deemed valid marriage under 38 CFR 3.52, including • the definition of deemed valid marriage • requirements for a deemed valid marriage • obtaining evidence to establish a deemed valid marriage • the definition of legal impediment • overcoming legal impediments • surviving spouse not at fault in separation, and • administrative decisions when the validity of a marriage is at issue. Change Date October 11, 2010 a. Definition: Deemed Valid Marriage A deemed valid marriage is a marriage that is valid for VA purposes even though a legal marriage does not exist under state law. Typically, there is no legal marriage under state law because of the existence of some impediment to the marriage, such as a prior undissolved marriage. Important: • A marriage cannot be deemed valid if the impediment is the claimant’s inability to prove the dissolution of his/her own prior marriage. • A deemed valid marriage can exist only in connection with a claim for death benefits. It is not possible to “deem valid” the marriage of a live Veteran. " Note that it says it is valid for VA purposes even though a legal marriage doesn't exist under state law. Pamela

Ok let me start with this, I hope I can post a link. http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptiii/ch05/M21-1MRIII_iii_5_SecE.doc If the link doesn't show up, go to benefits.va.gov and search for marriage definitions. Keep in mind there is a difference in the qualification requirements between Service Connected and Non Service Connected deaths. Berta, especially I'd like for you to read this page and see if that helps the two widows you know. I'll go back and read the case you posted now. Sorry for all these separate posts, but I figured it would take me too long to research everything fully, like days. And honestly the talk about maybe losing compensation is freaking me out a little. With that in mind I don't think I will scan any decisions or mention any date ranges. (for the future) I have a lot of information I think would help AO veterans especially, really unique stuff that I've never seen mentioned on the internet. Until I get the ID card I don't think I should because I don't want to lose what I believe I was given legitimately.

Right, let me do some more research and make sure I don't say anything that's incorrect. I went back and looked at the timeframe, I haven't found the exact date that I submitted everything. But I didn't receive any accrued benefits so I can confirm it was fast. I shouldn't have posted it was 45 days if I didn't know that for sure. After he passed away things were kind of blurry, still are I guess. I will look up the decision posted and make sure I don't say any more that's inaccurate. Thanks again everyone for the discussion points. I hope I can say a little more that will help someone else too.

Thanks Philip, I will try that. Also I should mention that I ended up at an Air Force base. Both Marine facilities were closed temporarily. Nothing against the Air Fore but the office was full of active duty personnel and I guess their own take priority.

Hi J, the state is Missouri. No we never got married but the VA recognized the marriage based on property tax records, etc. So I guess the Feds can recognise a marriage but if the state doesn't it doesn't count? I would think it would be the other way around? I guess I should be grateful I got thr DIC (in 45 days!) and leave it at that? But it's just weird that I can't use any of the systems. (ebenefits)

The VA and DAV treated my late husband and I really well. I am now receiving DIC after his passing due to Agent Orange. The VA sent me a letter saying I was approved for commissary and exchange. They told me to go to a RAPIDS/DEERS facility to get a card and get entered into DEERS. I need my DEERS record in order to access ebenefits. But the RAPIDS facility won't enter me or issue me a card! They were nice about it but won't do it w/o a marriage license or common law marriage in my state. My state is not a common law state. So the VA recognizes a common law marriage but the RAPIDS people don't. Does anyone have any advice for me? Does the VA run any RAPIDS offices where I could get entered? I don't understand how I can receive DIC but can't get into DEERS. Is it like the RAPIDS office said and I am "just out of luck"? thanks for your time, I just found this forum when googlng my question, hope to contribute to it at some point.