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Cathemm55 - New Member - Dic Questions


cathemm55

Question

My husband and I were married thirty years, and divorced for ten months, but we continued to live together as he was diagnosed with cancer. He served in the navy for twenty years, he retired E7. I applied for DIC and was denied on the grounds that we were divorced, but I have been researching and have heard of claims being approved under lesser circumstance, i.e 'common law' I know a certain amount of information, of people being together for much shorter periods of time and been approved, can anyone help me other than the volunteers at DAV, I feel there is more information on this web site than the kind volunteers have knowledge of. Any help would be greatly appreciated thank you

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  • HadIt.com Elder

I believe a correction on that "one year" is in order, it does not need to be the yr immediately preceding death, the one yr requirement was started to prevent persons from marrying dying veterans just to get DIC when the vet dies.

If they cohabitated, after the divorce and until his death, she should qualify. jmo

pr

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Pr is right about the one year. Don't want peoe getting married for the bennies ( not stand that is only reason). Cohabited part seems to go back to common law

Estranged would be the better way and that would require an admin decision. I've seem that get granted. Veteran was anusive or drank because of PTSD and wife moved out and back off and on

Edited by JT24usn
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http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part3/subptiii/ch05/ch05_secc.doc

Common law

14. Validity of Common Law Marriages By State

Change Date

August 14, 2006

a. Recognition of Common Law Marriages by State

Use the table below to check the validity of common law marriages by State.

State

Status of Common Law

State

Status of Common Law

Alabama

recognized

Montana

recognized

Alaska

08/01/1917

Nebraska

08/03/1923

Arizona

10/01/1913

Nevada

03/29/1943

Arkansas

not recognized

New Hampshire

not recognized

California

1895

New Jersey

12/01/1939

Colorado

recognized

New Mexico

not recognized

Connecticut

not recognized

New York

04/29/1933

Delaware

not recognized

North Carolina

not recognized

District of Columbia

recognized

North Dakota

07/01/1890

Florida

01/01/1968

Ohio

10/10/1991

Georgia

01/01/1997

Oklahoma

recognized

Hawaii

not recognized

Oregon

not recognized

Idaho

01/01/1996

Pennsylvania

09/17/2003

Illinois

07/01/1905

Puerto Rico

not recognized

Indiana

01/01/1958

Rhode Island

recognized

Iowa

recognized

South Carolina

recognized

Kansas

recognized

South Dakota

07/01/1959

Kentucky

not recognized

Tennessee

not recognized

Louisiana

not recognized

Texas

recognized

Maine

not recognized

Utah

03/03/1987 under very limited circumstances per Utah Code Section 30-1-4.5.

Maryland

not recognized

Vermont

not recognized

Massachusetts

not recognized

Virginia

not recognized

Michigan

12/31/1956

Washington

not recognized

Minnesota

04/26/1941

West Virginia

not recognized

Mississippi

04/05/1956

Wisconsin

01/01/1918

Missouri

06/20/1921

Wyoming

Edited by JT24usn
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I missed reading this sooner , sorry,
this week held the 20th anniversary of my husband's death and ,as you know yourself with your loss, it can take years and even decades ,in my case, to process that type of loss.

You have my condolences.

The advice above from everyone is excellent.

I dont think I could possibly add to it.

Except for this:

You stated:

"He served in the navy for twenty years."

Did he have SBP deductions taken out of his Navy retirement check?

There might be a different criteria for SBP survivors than for DIC claimants.

http://myarmybenefits.us.army.mil/Home/Benefit_Library/Federal_Benefits_Page/Survivor_Benefit_Plan_%28SBP%29.html?serv=147

This is the Army SBP link but I know a retired Navy Commander and the SBP (Survivor Benefits Program) is the same criteria for every branch of service.

Are their any surviving children under 18 or over 18 but in college?

Have you applied for SSA survivors benefits?

http://www.ssa.gov/survivorplan/onyourown2.htm

I have a friend ,unmarried, who gets this benefit on her divorced husband's SSA account.

SSA told me (I am widow of 2 disabled vets) that even my non vet husband's info , divorced long ago, was needed by them because it seemed that if he dies, and the SSA is larger than my other 2 husband's (it would be as he was never disabled and worked for the state most of his life) I guess it could impact my SSA check.) But I am glad he is still alive ,but he is not well.

And I have never checked out that info I got from SSA in 20 years....Their web site could help on that.

You might well be eligible for their survivor's benefit as well as any children of the veteran, under 16 or still in high school.

Can you possibly scan (cover Cf ile number, name and address before scanning) and attach here the Reasons and Bases part of the decision?

Was he service connected, as above replies suggested, for any MH issue to include PTSD?

Did the decision go as far to determine his death would have been service connected except for the marital status problem?

If there was absolutely no potential for a SC death , then that would render any marital status problem as moot anyhow.

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One other question.... did he have a claim with VA pending when he died?

Even with the marital status problem, perhaps he had eligible children who could substitute themselves as the claimant on that claim.......but I am not sure of that and would have to research it, based on your response here to my questions.

If he died of an AO condition, that substitution in some cases might be possible.

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