Instruction of the Secretary and General Policy Statement on the Administration of Benefits for Particular Same-Sex Surviving Spouses
VA · va-benefits · Published 2022-11-17 · Effective 2022-11-17 · 87 FR 68904
Document
Document number
2022-24865
Federal Register citation
87 FR 68904
CFR reference
38 CFR 3
Type
Rule
Action
General policy statement.
Category
va-benefits
Agency
US Department of Veterans Affairs
Publication date
2022-11-17
Effective date
2022-11-17
Abstract
The Department of Veterans Affairs (VA) announces that the Secretary of Veterans Affairs issued Instruction 01-22 on October 11, 2022, which addresses the legal impediment that exists for certain same sex-surviving spouses to qualify for Survivors Pension or Dependency and Indemnity Compensation (DIC) benefits due to not meeting the duration of marriage requirements for those benefits because they were prevented from marrying at an earlier date by reason of laws that have been found to be unconstitutional. Additionally, VA announces Pension and Fiduciary Service's general policy statement on the administration of Veterans Benefits Administration (VBA) benefits for particular same- sex surviving spouses.