Research - Rehabilitation - Re-Employment

Sgt. Shaft 05/31/99

Dear Sgt. Shaft:
My husband and I were married in 1959 and divorced in 1968. We reunited in 1990 and lived together as husband and wife until his death in 1996. After his death I applied to the VA for widow's benefits. Much to my dismay my claim was disavowed because my husband was married subsequent to our divorce. This marriage was apparently of short duration but never legally terminated. Do I have any recourse to this denial?

Second Time Around
Dearborn, Michigan

Dear Second Timer:
A veterans' service organization claims expert told the Sarge that, sometimes in the process of applying for widow's benefits, the perspective widow discovers that the validity of her marriage comes into question. What was thought to be a routine issue then becomes quite complex. In your case you posthumously discovered the existence of a preexisting marriage which would otherwise render your marriage invalid because your husband was not free to contract a marriage. The marriage, however, can be recognized through what is known as a "deemed valid" marriage. The basis of a deemed valid marriage is that the widow was not aware of an existing impediment. The issue can be further complicated, however, if the previous spouse(s) has grounds to file a claim. Then we are dealing with another issue and that is a contested claim. This issue could ultimately deprive the appellant of her entitlement to VA benefits. Your particular case is even more complicated because your remarriage to the veteran was not a ceremonial one. Your second union with the veteran was a "common law" union. Common law marriages are recognized by the VA if properly established. The basic requirements are that the couple demonstrated intent to be married and that they resided in a jurisdiction that recognized common law marriages. Once such a marriage is established in one state, it becomes valid in all states based on reciprocal recognition. In the absence of such reciprocity, a couple could be accepted as married in Georgia, for example, but not in Virginia. In your case you were divorced from the veteran and subsequently joined him in a common law union. Since you were not aware of his intermediate marriage, you may qualify for VA benefits by establishing your second union as a common law marriage and then having it determined to be deemed valid.

Shaft kudos

The Sarge is looking forward to joining the Blinded American Veterans Foundation, Congressman Joe Moakley (D-MA), and their invited guests at their 14th annual Congressional awards reception on Tuesday, June 15, from 11:30 a.m. to 1:30 p.m. in Room 334 of the Cannon House Office Building. The annual event, held in conjunction with the Foundation's Flag Day observance, honors Members of Congress, the media, and volunteers. The recipients of the 1999 George "Buck" Gillispie Congressional Award for Meritorious Service will be Senator Max Cleland (D) of Georgia and Representative John McHugh (R) of New York. The award is named in honor of the late "Buck" Gillispie, a blinded World War II veteran who devoted more than 40 years of service toward efforts to aid in the rehabilitation of visually impaired veterans. The Carlton Sherwood Media Award, named in honor of the Pulitzer and Peabody-award winning journalist and highly decorated USMC Vietnam veteran, will be presented to Patrick McGrath, correspondent and anchor, WTTG-TV, Fox Channel 5 in Washington, D.C., and John McCaslin, columnist, "Inside the Beltway," The Washington Times. This year's recipients of the George Alexander Memorial Award for Volunteer Service are Dennis Wyant, BAVF, and Director, VA Regional Office, Indiana; and Angela Walker, VA Central Office Nursing Service. The Foundation's Corporate Volunteer Award will be presented to Pfizer, Inc. A special award will also be presented to the United States Postal Service, in recognition of their 100th anniversary of delivering free matter to the blind. Jack Smith of ABC News will once again be the emcee at this event.

On display at this year's BAVF event will be the Universal Access Copier System developed by Pitney Bowes. This unique voice-command copier has many features which give greater copier access to all those with disabilities. In a recent news statement praising the new copier, Terence J. Moakley of the Eastern Paralyzed Veterans Association said, "As an organization whose 2,200 members rely heavily on assistive technology not only in the workplace but also in most activities of their daily lives, we recognize this new technology as another critical step toward the full employment of Americans with disabilities."

The congressional reception follows the BAVF Flag Day picnic on Sunday, June 13, in Silver Spring, MD. This year's event will honor Alfred Rascon, who recently has been recommended, by the Secretary of the Army, for the Congressional Medal of Honor in recognition of his heroism in Vietnam. This annual patriotic gala attracts political figures, area civic leaders, veterans service organization representatives, and the BAVF "family" of disabled and visually impaired veterans. Flags that were flown over the U.S. Capitol will be presented to many surprised guests. As always, Congresswoman Connie Morella (R-MD) and her husband Tony are expected to stop by and sample the famous hot dogs prepared by gregarious Chef Lakis, who can usually be found at his cart at the northeast corner of 18th and K Streets, N.W.

And a special kudo to BAVF Congressional award recipient Senator Max Cleland for his wholehearted support of funding for the expansion and renovation of the outpatient clinic at the Washington, D.C. VA Medical Center. The Center presently has more than 400,000 annual outpatient visits in a crowded, older design clinic space. In a letter to Senator "Kit "Bond and VA Secretary Togo West, good friend Max stated, "With our assistance, the Washington, D.C. VA Medical Center can become an ambulatory care model for the new millennium."

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

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