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.

[Philip Rogers]

I can't see how a state can overrule federal benefits. If the VA is paying DIC, she should get the ID. I suspect she probably shouldn't make waves as she might lose her DIC. Even with a marriage license as proof, it's rare for a spouse to get DIC that quickly. jmo

pr

[Berta]

PR, I also am stunned at the 45 days as well.

VA case law is clear on this issue:

“VA defines a  
"marriage" as a marriage valid under the law of the place where 
the parties resided at the time of marriage, or the laws of the 
place where the parties resided when the right to benefits 
accrued.  38 U.S.C.A. § 103(c) (West 2002); 38 C.F.R. § 3.1(j).”

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp10/Files6/1043780.txt

I think, in Pamela's situation, this must have been the case, that they had lived together previously in a state that fully recognized their common law status,establishing the “right to benefits accrued.”

Va does have a new DIC claims method, and I posted that info here some time ago, in order to speed up DIC claims.

But then again, in 45 days, after filing, I cannot see how VA possibly made this award so fast, because the common law situation would have required, I believe, a VCAA letter asking for more evidence to satisfy the VA regulations on that.

Pamela I am,a widow and receive DIC and have posted DIC info here for years. I am not suggesting you do not deserve this benefit...I just am stunned at it, because I don't understand how it legally was adjudicated.

There is probably no problem with the DIC at all.And seeing the VA's decision ,if you could scan and post it here, or tell us their legal rationale in the decision, verbatim, would surely enlighten all of us.

The OSA, Office of Survivors, VA , does not help a survivor with a DIC claim but can definitely cut through some paperwork., They helped me years ago with a VA snafu and I dealt with Scott at OSA and I hope he is still the one who will read your email if you contact them ,via their site link here, on the DEERS problem.

I really don't need to contact them for you ,as you certainly can yourself, but I am sure they will wonder and ask about the same things here that I have asked you about.

OSA is one of the most user friendly areas of the VA. Not for DIC claims help, but excellent in my opinion, for helping survivors with many other matters.

Was your husband 100% P & T for ten continuous years? That would make the DIC go fast and make 45 days reasonable.

I think we had a 45 day DIC award here last year.Maybe Mrs. Rockman?

I just don't understand the common law part as I have helped many widows for decades with DIC claims but I don't get the legal aspect of this award.

http://www.va.gov/SURVIVORS/

Dont hesitate to email them regarding the DEERS card.

[jbasser]

PR the ID is issued by DOD. The poster needs to be looking into DEERS criteria and those regs as they are governed by the DOD.

We all know how well the DOD and VARO work together. Dont we.

http://www.dtic.mil/whs/directives/corres/pdf/100013p.pdf

J

[PamelaQ]

I can't see how a state can overrule federal benefits. If the VA is paying DIC, she should get the ID. I suspect she probably shouldn't make waves as she might lose her DIC. Even with a marriage license as proof, it's rare for a spouse to get DIC that quickly. jmo

pr

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.

[PamelaQ]

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.

[PamelaQ]

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