DIC update

[Berta]

My recent post disappeared  and I didnt dave a copy but this will do:
.

A brief overview of the DIC regulations appears in this thread:

 

http://community.hadit.com/topic/60791-dic-overview/

Notes: 

·   If the issue of deemed-valid marriage arises involving a same-sex relationship, request assistance from Regional Counsel in determining whether a deemed-valid marriage exists.  Follow the instructions in M21-1, Part III, Subpart iii, 5.A.3.e for requesting an opinion from Regional Council. 

·   When calculating years of marriage pursuant to 38 CFR 3.54, use the date the marriage was performed, not the date the marriage could first be recognized for the purpose of VA benefits.

 

Reference:  For more information on a deemed valid marriage and the lack of knowledge of an impediment, see M21-1, Part III, Subpart iii, 5.E.8.

(M21 1MR kicks back to 38 CFR 3.54 which has been updated as of Nov 2015 and there is still the one year marriage requirement)

Also common law marriages are recognized by VA as explained in this remand:

http://www.va.gov/vetapp15/Files1/1501601.txt

There is a lot to many DIC claims.Some can go through the VA fairly easily but others  can become quite convoluted.

The appellant above was reimbursed for burial fees but was remanded because it appeared she also was the common law wife for VA purposes such as DIC and is on remand to clarify that.

The appellant was also represented by an "agent" who apparently didn't realize she should have formally filed for DIC and then sent to VA the info they needed to prove that. She lived in Utah , a common law state. Also it is an 1151 issue and I sure hope the "agent " has a clue on those types of claims, too.

 

 

 

 

[Navy04]

Berta thanks for posting this info, as lately there seems to be a lot of interest in this topic. Hope you have a good week