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.If the Veteran indicates that his or her same-sex marriage is a common-law marriage, claims processors must determine whether the same-sex relationship qualifies as a common-law marriage under the standards applicable to all common-law marriages.A: VA will treat all married couples the same, regardless of the sex of the spouses.Information on income thresholds is available here gov/healthbenefits/cost/income_A: For Veterans who are not currently enrolled in VA health care, it is possible that recognition of a same-sex spouse and inclusion of spousal income could either render the Veteran eligible to enroll or preclude the Veteran from being eligible to enroll.The Veteran need not submit evidence of the already-recognized marriage with an application for a new benefit.
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.
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.