Surviving spouses of LGBTQ+ veterans may now qualify for survivor benefits under new VA policy. (Photo: Thomas Cizauskas)
The U.S. Department of Veterans Affairs on Oct. 13 announced that surviving partners of LGTBQ+ veterans who were previously unable to marry because of same-sex marriage laws may now qualify for survivor benefits.
Tens of thousands of LGBTQ+ veterans were never able to legally marry their spouses before the U.S. Supreme Court ruled same-sex marriage bans were unconstitutional in 2015. Even after the federal ban was lifted, many LGBTQ+ veterans passed away before their surviving spouses were able to meet the requirements for survivor benefits.
The VA’s new policy will allow surviving partners to reapply for benefits regardless of their previous marital status provided they can provide proof of a “‘marriage-type relationship,’ such as a commitment ceremony, joint baking account, or joint purchase of a house.” The VA notes that any awarded benefits will not be retroactive.
Speaking on the policy reversal, VA Secretary Denis McDonough said, “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. It is VA’s mission to serve all veterans.”
The VA’s policy change isn’t the first recent win for LGBTQ+ veterans. In late September, California Governor Gavin Newsom signed a bill establishing an office to help California LGBTQ+ veterans discharged under the now-defunct Don’t Ask, Don’t Tell policy to obtain benefits.
Veterans or spouses can learn about survivor benefits here. Alternatively, The American Legion offers veterans free help obtaining VA benefits.
Author: Christian Southards
Coming from a family with a proud military background and wanting to contribute his writing skills to a worthy cause, Christian began writing for the California American Legion in August of 2020. His father is a 25-year Army Veteran and his grandfather served in the Navy during Vietnam.