Veteran Appeal | Continuous Cohabitation and DIC Survivor Benefits | Cameron Firm PC

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Continuous Cohabitation and DIC Survivor Benefits
Traditionally, spouses live together throughout a marriage, known as cohabitation, though living apart is not as rare as it used to be. The Veterans Administration addresses continuous cohabitation - or, living together without a break - in the rules for eligibility for Dependency and Indemnity Compensation (DIC). As outlined below, the VA usually breaks down this concept situationally. The VA recognizes four situations which could lead to a claimant applying for DIC benefits after the death of a veteran.
1. Legally Married and Cohabitating
In this instance, DIC eligibility is relatively straightforward, assuming the marriage itself was a qualifying event (i.e., legally binding). The claimant must have been married to the veteran for at least one year prior to death or had a child with the veteran. Additionally, the claimant cannot have remarried, with few exceptions, and their income must meet certain requirements.
2. Not Legally Married and Cohabitating
Eight states recognize common-law marriage, meaning a couple who live together and hold themselves out as a married couple are considered legally married. For DIC benefits, the common-law marriage must be a qualifying relationship in the same way as a traditional marriage. If a couple is not legally married but they have a child together and continuously cohabited until the veteran’s death, the claimant may be eligible for DIC benefits.
3. Legally Married and Not Cohabitating for Reasons Unrelated to Marital Discord
Usually, this category includes spouses who are living separately for commercial or medical reasons. If there is any evidence that the parties separated for emotional reasons, perhaps because they were in marital counseling at the time, a VA claims examiner usually denies DIC benefits. On appeal, a VA disability attorney must prove the spouses were not estranged.
4. Not Legally Married and Not Cohabitating
Unmarried, physically separated couples typically do not qualify for DIC benefits. Separated, but not divorced, spouses could be eligible for DIC survivor benefits if the veteran, not the claimant, was at fault.
The facts and circumstances at the time of divorce or separation are all that matters. Reach out to an experienced VA disability attorney today to discuss your DIC claim. Call 800-861-7262 or visit www.veteranappeal.com.
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TOTAL DISABILITY INDIVIDUAL UNEMPLOYABILITY
DISABILITIES DUE TO AGENT ORANGE EXPOSURE
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