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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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PREC 13-98 Surviving Spouse’s Eligibility for Benefits--38 U.S.C. § 1311 (e) --Pub. L. No. 105-178, § 8207
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PREC 13-98 Surviving Spouse’s Eligibility for Benefits--38 U.S.C. § 1311 (e) --Pub. L. No. 105-178, § 8207 Citation: Vet. Aff. Op. Gen. Couns. Prec. 13-98, VAOPGCPREC 13-98, 1998 QUESTION PRESENTED: Does a surviving spouse who regains eligibility for dependency and indemnity compensation (DIC) under 38 U.S.C. § 1311(e) as added by section 8207 of the Transportation Equity Act for the 21st Century also regain eligibility for medical care under the Department of Veterans Affairs Civilian Health and Medical Program (CHAMPVA), for dependents’ educational assistance, or for loan guaranty benefits? HELD: A surviving spouse who regains eligibility for dependency and indemnity compensation under 38 U.S.C. § 1311(e), as added by section 8207 of the Transportation Equity Act for the 21st Century, Pub. L. No. 105-178, § 8207, 112 Stat. 107, 495 (1998), either upon the termination of remarriage by death, divorce, or annulment, or upon the cessation of living with another person and holding himself or herself out openly to the public as that person’s spouse, does not regain eligibility for medical care under the Department of Veterans Affairs Civilian Health and Medical Program (CHAMPVA), for dependents’ educational assistance, or for loan guaranty benefits.
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