VA expands survivor benefits for same-sex couples

washingtonblade.com:

The U.S. Department of Veterans Affairs announced a major policy change last week closing a gap in survivor benefits for certain survivors of LGBTQ veterans — specifically, for those who were unable to wed until the 2015 Obergefell v.

HodgesU.S. Supreme Court decision, and who, therefore, were not married to their now-deceased veteran spouses for long enough to qualify for survivor benefits.

This extension of survivor benefits is effective immediately. “VA is closing a gap in benefits for surviving spouses of LGBTQ+ Veterans, righting a wrong that is a legacy of the discriminatory federal ban on same-sex marriages,” said Veterans Affairs Secretary Denis McDonough. “It is VA’s mission to serve all veterans — including LGTBQ+ veterans — as well as they’ve served our country, and this decision is a key part of that effort.” Due to bans on same-sex marriages, many LGBTQ veterans were unable to get married until Obergefell v.

Hodges(June 26, 2015) despite being in “marriage-type” relationships long before that. According to a statement from the VA this wrongly precluded many survivors of those LGBTQ veterans from becoming eligible for survivor benefits because their veteran spouse died before the marriage met VA’s length-of-marriage requirements (one-year for survivor benefits, eight-years for a higher rate of benefits.) This decision addresses that problem by counting the duration of marriage from when the surviving spouse can establish a “marriage-type” relationship — such as a commitment ceremony, joint banking account, or joint purchase of a house.