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.

[PamelaQ]

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.

Edited August 28, 2013 by PamelaQ

[meghp0405]

I know it sounds unreal to receive DIC approval that quick. The last few DIC claims that I have completed were all done within 30 days. And that's awesome! A couple of years ago a DIC claim was taking a year or longer. Everybody was telling us that the DIC was changing, so lets continued to keep our fingers crossed!

[Berta]

Meg that is great that you got those DIC awards fast.

Some DIC claims are obviously solid from the git go .

You reminded me I forgot to post this additional info for Pamela:

"The VBN at YUKU also has some good info on common law marriages and the VA:

http://vets.yuku.com/reply/642971/Common-LawInformal-marriage#reply-642971

The repliers there are all excellent claims advocates.

Also in the link from the lawyer I gave you it explains how each state listed determines their common law criteria.

State laws control the VA in these matters.

Also here or maybe in another post at VBN on this subject I read this AM, someone said what I said as to the VCAA letter,which would ask for proof of common law status."

[PamelaQ]

State laws control the VA in these matters.

Also here or maybe in another post at VBN on this subject I read this AM, someone said what I said as to the VCAA letter,which would ask for proof of common law status."

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.

[Berta]

You certainly can disagree.

We don't want any claimant here to lose their benefits. But we are all bound by the regulations.

As I stated in a prior post here:

"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.”

Also I am very familiar with the General Counsel Pres Op above and maybe that also fulfilled the VA's criteria for the DIC award,in your case.

I was widowed of two disabled vets and have received three separate DIC awards for my last vet husband's death so I am sure that they (VA) , surely cited,in your award, these same regulations above

and/or the OGC Pres Op that they used ,to determine you are the valid widow.

since they (VA) cited the specific regs in each of my DIC awards that warranted the specific DIC they granted , as it was awarded to me on three different and separate bases.

.

Edited September 3, 2013 by Berta