Receiving Dic Approved Commissary But Can't Get An Id Card Or Deers

[PamelaQ]

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.

[jbasser]

Did you folks get Married? I sure hope so because the State has Vital Stastics and you can get a copy of the License.

I am not familiar with many commonlaw marriage issues but some states flat out refuse them.

What state is in question?

J

[Philip Rogers]

You should contact the VARO and request a letter from them authorizing you, specifically, to receive he card. The DEERS guy/gal is probably just an e-3 or e-4 flexing their power. You should be receiving ChampVA health insurance, also.

pr

[PamelaQ]

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)

[PamelaQ]

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.

[Berta]

http://www.attiglawfirm.com/blog/va-benefits/survivors/will-the-va-recognize-a-veterans-common-law-marriage/

This article has been written by an attorney who handles VA claims issues.

He quotes the Burden V Shinseki Fed Circuit decision and also makes this point

“The bottom line is that the VA must apply state law. 38 U.S.C. § 103© states that for the purposes of obtaining VA benefits under Title 38, the validity of a marriage is determined:

If you could give me the regulation and reasons VA used, from your decision, it might make a difference to these widows.I have two local widows who have been told by vet reps that they are not eligible for DIC. They both lived with their deceased veterans in NY and never lived together in common law states.I am surprised at the DIC award you got. Can you tell us exactly how the VA determined the marriage as valid for VA purposes?I am a widow and ebenefits told me widows cannot use ebenefits. Maybe that has changed.I am guessing however.

Since Missouri is not a common state (they are all listed in the link) possibly the VA determined a common law marriage existed due to both of you living ,prior to moving to Missouri, in a common law state and that criteria was fulfilled for VA purposes.... according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.”

[Berta]

PS, there is a survivor contact person at the VA that might be able to help with the DEERS situation but I want to explain the DIC award to him first, as to the common law situation, before asking him if he can help.