The U.S. Department of Veterans Affairs plans to expand survivor benefits to survivors of LGBTQ+ veterans, a move affecting couples that were unable to wed before the Supreme Court legalized same-sex marriage nationwide in 2015.
Prior to the high court's decision seven years ago, same-sex couples in more than a dozen states would have been prohibited from getting married — and by extension, receiving the survivor benefits of a legal spouse.
Under the old VA guidelines, a couple must have been married for at least one year to qualify for survivor benefits, and at least eight years to garner eligibility for receiving a higher rate of benefits.
For the new guidance, though, the department will include survivors of LGBTQ+ veterans, who are now able to apply for the benefits.
According to the VA, eligible surviving spouses who apply in the coming year will receive benefits backdated to Oct. 11, 2022.
Conversely, survivors of LGBTQ+ veterans who died before their legal union fulfilled the VA's length-of-marriage requirements would be excluded from the department's new benefits initiative.
On Friday, VA Secretary Denis McDonough said in a statement: "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 — including LGTBQ+ veterans — as they've served our country, and this decision is a key part of that effort," added McDonough.
The department has been expanding LGBTQ+ benefits in other ways.
Last year, the VA started doling out benefits to veterans discharged under the military's "Don't Ask, Don't Tell" policy, which prohibited LGBTQ+ military personnel from "sharing or openly acknowledging their sexual orientation or gender identity."
In January, the VA also launched a policy allowing veterans to self-select their gender designation on official health records.
In the present, LGBTQ+ veterans can select the "transgender" and "nonbinary gender" markers.
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