38 CFR 3.54 - Marriage dates
| Cite as | 38 CFR 3.54 |
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21 practice notes
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Compensation, pension, burial and related benefits:
General provisions; reorganization and plain language rewrite,
...* * * born of the marriage'' for the purpose of determining whether a surviving spouse is qualified for a pension under 38 U.S.C. 1541 and 38 CFR 3.54. Tapuro v. Derwinski, 2 Vet. App. 154, 155 (1992) (citations omitted). The Court has clearly construed the relevant statutory language to ex......
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Part III
...* * * born of the marriage'' for the purpose of determining whether a surviving spouse is qualified for a pension under 38 U.S.C. 1541 and 38 CFR 3.54. Tapuro v. Derwinski, 2 Vet. App. 154, 155 (1992) (citations omitted). The Court has clearly construed the relevant statutory language to ex......
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precedent opinions: benefits under VA administered laws; summary,
...Presented: (a) The veteran's surviving spouse seeks eligibility for dependency and indemnity compensation (DIC) under 38 U.S.C. 1304 and 38 CFR 3.54(c)(1). Where the veteran contracted a fatal disease during the first or second enlistment of three consecutive enlistments, may the date of te......
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Adjudication; pensions, compensation, dependency, etc.: Dependency and indemnity compensation benefits for survivors of veterans rated totally disabled at time of death,
...a surviving spouse for purposes of 38 U.S.C. 1318 and 38 CFR 3.22. These criteria are merely a restatement of 38 U.S.C. 1318(c) and 38 CFR 3.54(c)(2). We are simultaneously removing Sec. 3.54(c)(2) as unnecessary. New paragraphs (e) through (h) are redesignations of former paragraphs (b) th......
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17 cases
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Wolfe v. Wilkie, 17-0519
...her appeal in August 2011. R. at 177-78. In a September 2011 Supplemental Statement of the Case, the RO explained that, pursuant to 38 C.F.R. § 3.54(b)(2), to establish entitlement to death benefits the appellant must have been married to the veteran for 1 year or more prior to his death. R......
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St. Cyr v. Wilkie, 18-7222
...herself out openly to the public to be the spouse of such other person." 38 U.S.C. § 101(3); see 38 C.F.R. § 3.50(b) (2019); see also 38 C.F.R. § 3.54(c) (2019) (imposing additional limitations not implicated here). However, remarriage is not a bar to receiving DIC benefits if the claimant ......
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Wolfe v. Wilkie, 17-0519
...her appeal in August 2011. R. at 177-78. In a September 2011 Supplemental Statement of the Case, the RO explained that, pursuant to 38 C.F.R. § 3.54(b)(2), to establish entitlement to death benefits the appellant must have been married to the veteran for 1 year or more prior to his death. R......
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Hollie v. Wilkie, 19-1265
...decision on appeal. R. at 3-6. The Board noted Ms. Hollie's argument that she met the survivor pension benefits requirements outlined in 38 C.F.R. § 3.54 but explained that she had not met the threshold 38 C.F.R. § 3.50(b) requirement that a veteran and the surviving spouse be married at th......
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