Does VA apply different requirements when evaluating my same-sex marriage? Will VA apply different requirements to a same-sex marriage?

VA recognizes marriages, whether same-sex or opposite-sex, that meet the requirements of 38 U.S.C. § 103(c). If eligibility is based on a Veteran's marital status, the marriage must be recognized by the place where the Veteran or the Veteran's spouse resided at the time of the marriage, or where the couple resided when they filed the claim(or at a later date when the eligibility requirements were met) per section 103(c).

 

VA will require the same amount of evidence for claims and applications involving same-sex marriage as claims based on opposite-sex marriage. Generally, VA will accept a claimant's or applicant's assertion that he or she is married as sufficient evidence to establish a Veteran's marriage for the purpose of VA benefits and services. However, consistent with current policy, VA may continue to pursue further development if an assertion concerning a marriage appears unreliable, but will not treat assertions regarding same-sex marriages as inherently suspect for this purpose.