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A: VA recognizes a Veterans marriage if the marriage was recognized under the law of the place where at least one of the parties resided when they were married or when the claimant became eligible for benefits.VA now recognizes all same-sex marriages without regard to a Veterans current or previous state of residence.
Generally, VA will accept a claimant's or applicant's assertion that he or she is married as sufficient evidence to establish a Veteran's marriage for the purpose of VA benefits and services.However, consistent with current policy (applicable to all marriage-based benefits), VA may pursue further development if an assertion concerning a marriage appears unreliable, but will not treat assertions regarding same-sex marriages any differently than assertions regarding opposite-sex marriages.A: For the purpose of assigning an effective date for a compensation or pension claim, if the claim was pending as of September 4, 2013 (the date on which the President directed VA to cease enforcement of statutory provisions defining spouse and surviving spouse as a person of the opposite sex), the effective date will be assigned as if the laws barring VA's recognition of same-sex marriage had never been in effect.In some instances, this could mean an effective date as early as the date of marriage or as early as when VA received the claim.For the purpose of assigning an effective date for a compensation or pension claim that was not pending as of September 4, 2013, provided that the claimant met all of the eligibility requirements for the benefit by that date, and the claim was received within the following year, VA generally will assign an effective date of September 4, 2013.For claims received after September 4, 2014, including newly filed claims, VA may assign an effective date up to one year prior to the date of the claim if the claimant met all eligibility requirements on that date.
However, consistent with current policy, VA may investigate further if an assertion concerning a marriage appears unreliable, but VA will not treat assertions regarding same-sex marriages any differently than assertions regarding opposite-sex marriages.
A: Once VA has recognized a marriage for the purpose of one VA benefit or service, it will usually recognize it for other benefits or services unless there is a factual change in marital status, such as divorce or separation.
The Veteran need not submit evidence of the already-recognized marriage with an application for a new benefit.
A: Enrollment of Veterans in Priority Groups 5, 7, and 8 is based on income of both the Veteran and the Veteran's spouse, if married.
For Veterans in these priority groups, the impact of VA recognizing a same-sex spouse and including spousal income will vary.
For example, inclusion of a spouse's income may result in the Veteran being moved to a lower priority group (e.g., from 5 to 8) and being required to make copayments for care the Veteran receives.