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Department of Veterans Affairs M21-1, Part III, Subpart iii Veterans Benefits Administration January 20, 2016 Washington, DC 20420 Key Changes Changes Included in This Revision The table below describes the changes included in this revision of Veterans Benefits Manual M21-1, Part III, “General Claims Process,” Subpart iii, “General Development and Dependency Issues.” Notes: The term “regional office” also includes pension management center, where appropriate. Minor editorial changes have also been made to - improve clarity and readability - update incorrect or obsolete references - reassign alphabetical designations to individual blocks, where necessary, to account for new and/or deleted blocks within a topic - update the labels of individual blocks and the titles of sections and topics to more accurately reflect their content, and - bring the document into conformance with M21-1 standards. Reason(s) for the Change Citation To remove as unnecessary the prepositional phrase “between members of the same or opposite sex.” (With very few exceptions, the Department of Veterans Affairs (VA) treats marriages between members of the same sex in the same way it treats marriages between members of the opposite sex.) To add a note (based on content pulled from (old) III.iii.5.B.3.b) that provides instructions for determining what the legal requirements are for a valid marriage in a specific locality. To remove as unnecessary the reference to VA’s web page that lists states that recognize same- M21-1, Part III, Subpart iii, Chapter 5, Section B, Topic 1, Block a (III.iii.5. B.1.a)

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Department of Veterans Affairs M21-1, Part III, Subpart iiiVeterans Benefits Administration January 20, 2016Washington, DC 20420

Key Changes

Changes Included in This Revision

The table below describes the changes included in this revision of Veterans Benefits Manual M21-1, Part III, “General Claims Process,” Subpart iii, “General Development and Dependency Issues.”

Notes: The term “regional office” also includes pension management center, where

appropriate. Minor editorial changes have also been made to- improve clarity and readability- update incorrect or obsolete references- reassign alphabetical designations to individual blocks, where necessary,

to account for new and/or deleted blocks within a topic- update the labels of individual blocks and the titles of sections and topics

to more accurately reflect their content, and- bring the document into conformance with M21-1 standards.

Reason(s) for the Change Citation To remove as unnecessary the prepositional phrase “between members of

the same or opposite sex.” (With very few exceptions, the Department of Veterans Affairs (VA) treats marriages between members of the same sex in the same way it treats marriages between members of the opposite sex.)

To add a note (based on content pulled from (old) III.iii.5.B.3.b) that provides instructions for determining what the legal requirements are for a valid marriage in a specific locality.

To remove as unnecessary the reference to VA’s web page that lists states that recognize same-sex marriages. (All states must now recognize same-sex marriages.)

M21-1, Part III, Subpart iii, Chapter 5, Section B, Topic 1, Block a (III.iii.5.B.1.a)

To relocate the content of (old) III.iii.5.B.3.a. To remove the note stating that VA does not require a claimant to

provide the state in which a marriage took place if the city of marriage, such as Atlanta or Chicago, is well-known. (This note already exists in III.iii.5.A.4.b, and III.iii.5.B.2.a includes a reference to III.iii.5.A.4.b.)

To add notes that briefly summarize relevant content in III.5.A.4.f and g.

III.iii.5.B.2.a

To remove as unnecessary the prepositional phrase “in a same sex or opposite sex marriage.” (With very few exceptions, VA treats marriages between members of the same sex in the same way it treats marriages between members of the opposite sex.)

To remove the reference to VBA Letter 20-14-08, Administration of Same-Sex Spousal Benefits. (This letter has been replaced by VBA Letter 20-15-16, and a reference to the new letter already exists in III.iii.5.B.1.a.)

To remove the reference to VAOPGCPREC 4-2014. (This opinion is no

III.iii.5.B.2.b

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longer relevant since all states must now recognize same-sex marriages.)To remove the Introduction Block since there is now only one Block a in Topic 3.

III.iii.5.B.3

To delete old Block a as unnecessary now that relevant guidance has been incorporated in other parts of the manual.

III.iii.5.B.3.a (old)

To delete old Block b as unnecessary now that relevant guidance has been incorporated in other parts of the manual.

III.iii.5.B.3.b (old)

To update old Block c with instructions for documenting successful and unsuccessful attempts to contact an individual by telephone (by referring the reader to III.iii.1.B.1.d) and renaming the Block as Block a.

III.iii.5.B.3.a

To state that VA does not require the submission of documentary evidence to remove a dependent from a beneficiary’s award.

III.iii.5.B.4.a

To update instructions for documenting successful and unsuccessful attempts to contact an individual by telephone (by referring the reader to III.iii.1.B.1.d).

III.iii.5.B.4.b

To update the instructions for documenting successful and unsuccessful attempts to contact an individual by telephone (by referring the reader to III.iii.1.B.1.d).

To state that VA does not require completion of a specific form or submission of documentary evidence to remove a dependent from a beneficiary’s award.

To refer the reader to III.iii.5.A.4.d for instructions for removing a dependent from a beneficiary’s award.

III.iii.5.B.5.a

To reformat the list of alternative evidence accepted as primary evidence of an individual’s death from the block bulleted list into a table.

III.iii.5.B.5.b

To clarify guidance regarding legality of marriages that may have been registered with local governments but may still not be considered valid for VA purposes.

III.iii.5.B.6.a

To clarify guidance regarding when marriages may be considered void. III.iii.5.B.6.bTo clarify guidance regarding the effect of recognizing a marriage as void. III.iii.5.B.6.cTo clarify the individuals from whom certified statements should be collected to aid in the determination of whether a marriage is void.

III.iii.5.B.6.d

To delete the Introduction Block now that Topic 7 only has one Block a. III.iii.5.B.7To consolidate the content of old Blocks III.iii.5.B.7.a and b into a single Block a with an updated table.

III.iii.5.B.7.a

To delete old III.iii.5.B.7.b, except for the content that was relocated (as noted above) to III.iii.5.B.7.a. The deleted content added nothing of value, especially in light of the new requirement that claimants complete and submit a prescribed form in order to add a dependent to an award of benefits.

--

Rescissions None

Authority By Direction of the Under Secretary for Benefits

Signature

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Thomas J. Murphy, DirectorCompensation Service

Distribution LOCAL REPRODUCTION AUTHORIZED

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Section B. General Information on Establishing the Validity of a MarriageMarital Relationship for Department of Veterans

Affairs (VA) Purposes

Overview

In This Section This section contains the following topics:

Topic Topic Name1 (old 5) Requirements for Establishing the Validity of a

MarriageMarital Relationship2 (old 6) Proving Acceptable Proof That a MarriageMarital Relationship

Is Valid3 (old 7) Undertaking Development toGuidelines for Establishing the

Validity of a MarriageMarital Relationship4 (old 8) Proving and Developing for Termination of Marriage Through

Annulment or Divorce5 (old 9) Termination of Marriage Through Death6 (old 10) Determining Whether a Marriage is Void7 (old 11) Determining Whether anRemoval of Impediments to Marriage

Has Been Removed

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1. Requirements for Establishing the Validity of a MarriageMarital Relationship

Introduction This topic contains information on the requirements and development guidelines for establishing the validity of a marriagemarital relationship, including

establishing what constitutes a valid marriage for Department of Veterans Affairs (VA) purposes

who is free to marry, and deeming a marriage valid in a death casewhen determining entitlement to

survivors benefits.

Change Date January 20, 2016June 4, 2015

a. Establishing What Constitutes a Valid Marriage for VA Purposes

It is possible for Department of Veterans Affairs (VA) Before paying benefits for a Veteran’s spouse or to a Veteran’s surviving spouse,to be paid or increased if a determine whether the marriage between the Veteran and his/her spouse is established valid for Department of Veterans Affairs (VA) purposes.

A marriage is valid(between members of the same or opposite sex) may be established for VA purposes if the marriage is was valid under the law of the locality where the parties to the marriage resided

at the time of marriage, or when the claimant filed a valid claim (or became eligible for benefits, if

eligibility arose after the date of claim).

Note: If the legal requirements for a marriage in the locality where the parties to the marriage resided are unknown, use an internet search engine to search for a government-sponsored web site that lists the legal requirements.

References: For a current list of States that recognize same-sex marriages and the dates

on which they began recognizing such marriages, click on the following hyperlink: http://www.va.gov/opa/marriage.

For more information on establishing the validity of a marriage for VA purposes, see 38 CFR 3.1(j).

For information about VA’s recognitionadministration of same-sex marriagesspousal benefits, see VBA Letter 20-1 4 5- 08 16, Administration of Same-Sex Spousal Benefits.

For instructions on- undertaking development to establish the validity of a marriage, see M21-

1, Part III, Subpart iii, 5.B.3- adding a spouse to a Veteran’s award, to include assigning determining

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the appropriate effective date, see M21-1, Part III, Subpart iii, 5.L, or- establishing the validity of a marriage when determining entitlement to

survivors benefits, see M21-1, Part III, Subpart iii, 5.E.For information on how toestablish a marriage for VA purposes, see 38 CFR 3.1(j), anddevelop for a valid marriage, see M21-1, Part III, Subpart iii, 5.B.4.

b. Who Is Free to Marry

In all jurisdictions in the U.S. and most other places in the world, a marriage cannot be contracted if either party to the marriage is already married.

Establishment of a The fact that a marriage is “legal” marriage always implies a finding that the parties to the marriage were free to marry at the time of the alleged marriage. If either party was married previously, the current marriage may not be establishedis invalid unless the prior marriage iswas

terminated by- death- divorce- annulment, or

determined to be void under State law.

Note: State court evidence rules regarding presumptions of the validity of the most recent marriage may not be used to establish the validity of a current marriage for VA purposes if there is evidence of a valid, prior marriage that is undissolved.

Reference: For information on what VA requires to prove that a prior marriage was terminated by death, divorce or annulment, see M21-1, Part III, Subpart iii, 5.B.4 and 5.

c. Deeming a Marriage Valid in a Death CaseWhen Determining Entitlement to Survivors Benefits

In death casesWhen determining entitlement to survivors benefits, it is possible to “deem valid” a marriage for VA purposes even though the marriage is completely invalid under the law of the jurisdiction where the alleged marriage occurred.

Reference: For more information on deemed-valid marriages, see M21-1, Part III, Subpart iii, 5.E.7.

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2. Proving Acceptable Proof That a Marriage Is ValidMarital Relationship

Introduction This topic contains information on what VA considers acceptable proof that a marriage is validproving a marital relationship, including

using entries a claimant makes on a prescribed form asacceptable proof of a valid marriage

determining whether documentary evidence of marriage is required primary evidence of a valid marriage, and secondary evidence of a valid marriage.

Change Date January 20, 2016June 4, 2015

a. Acceptable Using Entries a Claimant Makes on a Prescribed Form as Proof of a Valid Marriage

A claimant must use one of the forms listed under M21-1 Part III, Subpart iii.5.A.4.a when submitting a request to add a dependent to his/her award. Except as noted in M21-1, Part III, Subpart iii, 5.B.2.b, VA accepts as proof of a valid marriage, the entries a claimant makes on such formsVA Form 21-686c, Declaration of Status of Dependents (or one of the prescribed forms listed under M21-1 Part III. Subpart iii.5.A.4.a), as proof of marriage, provided the form

is complete, and has been signed by the claimant or his/her VA-recognized power of

attorney.

Notes: VA does not require a claimant to provide the state in which a marriage took place if the city of marriage, such as Atlanta or Chicago, is well-known.As stated in M21-1, Part III, Subpart iii, 5.A.4.f, VA accepts a VA Form 21-686c that a

VA-recognized representative completes, signs and submits to VA on a claimant’s behalf

M21-1, Part III, Subpart iii, 5.A.4.g, VA authorizes its regional office (RO) and call center employees to- complete VA Form 21-686c, using information they obtain from a

claimant over the telephone, and- sign the form on the claimant’s behalf.

Exception: Pension Management Center (PMC) employees may not complete and sign VA Form 21-686c on a claimant’s behalf.

References: For more information on evidence to establish dependents and age, see 38 CFR 3.204For more information on processing regarding handling an incomplete VA Form 21-686cform the claimant submits for the purpose of adding a dependent to his or her award, see M21-1, Part III, Subpart iii, 5.A.4.b.

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b. Determining Whether Documentary Evidence of Marriage is Required

38 CFR 3.204(a)(2) requires a claimant to submit the documentary evidence of marriage described in 38 CFR 3.205 through 3.211 only if

the claimant does not reside within a State (as defined in 38 CFR 3.1(i)) VA Form 21-686c (or other prescribed form listed under M21-1 Part III,

Subpart iii, 5.A.4.a) contains entries that conflict with one another, or raise a question regarding the validity of the marriage, that cannot be resolved through- telephone contact with the claimant, or (if telephone contact cannot be

made)- review of documentary evidence already of record, or

there is reasonable indication of fraud or misrepresentation on the claimant’s part.

Notes: The forms listed in M21-1, Part III, Subpart iii, 5.A.4.a do not ask claimants

(in a same-sex or opposite-sex marriage) to identify for VA the location where they resided when the marriage took place or when they filed a claim to add a spouse to their award. The absence of this information alone does not trigger the requirement for documentary evidence of a marriage.

If a claimant identifies a U.S. city as his/her home of record but provides VA with an army post office (APO) or fleet post office (FPO) mailing address, it is generally acceptable to assume the claimant resides “within a State” for the purpose of this block.

References: For information on the definition ofidentifying fraudulent actions, see M21-1 Part III, Subpart

vi, 5.A.1.a acceptable forms of primary or and secondary evidence of a valid marriage,

see M21-1, Part III, Subpart iii, 5.B.2.ec and fd the administration of same-sex spousal benefits, see VBA Letter 20-14-08 and VAOPGCPREC 4-2014 .

c. Primary Evidence of a Valid Marriage

Primary evidence of a valid marriage consists of a copy or abstract of the public record of a marriage, or a copy of the church record of marriage, containing sufficient data to identify the

parties involvedto the marriage date and place (city and/or county and State or country) of the marriage, and number of prior marriages, if shown on the official record.

d. Secondary Evidence of a Valid Marriage

If primary evidence of a valid marriage is unavailable, a marriage may still be established by submission of the following evidence listed in the order of preference listed may be used instead:

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an official report from the Veteran’s service department as to a marriage that occurred while the Veteran was in service

an affidavit of the clergyman or magistrate who officiated in the marriage ceremony

the original certificate of marriage, if VA is satisfied that it is genuine and free from alteration

affidavits or certified statements signed by two or more witnesses to the marriage ceremony, or

any other secondary evidence that reasonably supports a belief by the adjudicating activity that a valid marriage actually occurred.

Reference: For information on secondary evidence in jurisdictions where marriages other than by ceremony are recognized, see M21-1, Part III, Subpart iii, 5.C and D.

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3. Undertaking Development Guidelines for to Establishing the Validity of a MarriageMarital Relationship

Introduction This topic contains the development guidelines for establishing marital relationship, including

requirement for dependency claims to be submitted on a prescribed form required knowledge for successful development of a marital relationship,

and development for evidence of marital relationship

Change Date June 4, 2015January 20, 2016

a. Requirement for Dependency Claims to be Submitted on a Prescribed Form

As stated in M21-1, Part III, Subpart iii, 5.A.5.a, a claimant must submit a request to add a dependent to his/her award on a specific form. Upon receipt of a request to add a dependent that a claimant submits on anything other than one of the prescribed forms, follow the instructions in M21-1 Part III, Subpart iii, 5.A.4.d.

Reference: For information on how to handle an incomplete form, see M21-1 Part III, Subpart iii. 5.A.4.b.

b. Required Knowledge for Successful Development of a Marital Relationship

Successful development of a marital relationship for VA purposes requires knowledge of

where the claimed marriage took place (city and/or county and State or country), and

the requirements for establishing a legal marriage in the jurisdiction where the marriage took place.

Reference: For more information on establishing a marriage for VA purposes, see M21-1 Part III, Subpart iii, 5.B.1.a.

ca. Undertaking Development to Establish the Validity of a Marriagefor Evidence of Marital Relationship

When required under the provisions of 38 CFR 3.204(a)(2) (as explained in M21-1, Part III, Subpart iii, 5.B.2.b), undertake development to obtain the

primary evidence of marriage described in M21-1, Part III, Subpart iii, 5.B.2.c, or

Iif primary evidence of marriage cannot be obtained, undertake development to obtain the secondary evidence described in M21-1, Part III, Subpart iii, 5.B.2.d.

Note: When requesting evidence from a claimant, follow the instructions in M21-1, Part III, Subpart iii, 1.B.1 and 2.

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Important: To avoid claims-processing delays, attempt to request evidence of a valid

marriagemarital relationship by telephone. Follow the instructions in M21-1, Part III, Subpart iii, 1.B.1.d for

documenting successful and unsuccessful attempts to contact a claimant by telephone.Document all attempts to contact a claimant by telephone, whether successful, or unsuccessful, as a system note in Modern Awards Processing – Development (MAP-D) or VBMS).

Send a letter requesting evidence of a valid marriagemarital relationship if- the claimant cannot be reached by telephone, or- contact by telephone is made with the claimant but he/she is unable to

provide the evidence (by fax, e-mail, or in person) within 24 hours.

References: For information about VA’s obligation to make reasonable efforts to obtain non-Federal records,

see M21-1, Part I, 1.C.2.ba, or addresses to which requests for public records may be sent, see

http://www.cdc.gov/nchs/w2w.htm.

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4. Proving and Developing for Termination of Marriage Through Annulment or Divorce

Introduction This topic contains information on about marriages that are terminatedion of marriage through annulment or divorce, including

determining whether documentary evidence of termination of a marriage is necessary

requesting documentary evidence of termination of a marriage, and additional actions that might be necessary after requesting documentary

evidence of termination of a marriage.

Change Date June 4, 2015January 20, 2016

a. Determining Whether Documentary Evidence of Termination of a Marriage is Necessary

Documentary evidence of the termination of prior marriages is not routinely required.

VA accepts the entries a claimant makes on a completed and signed VA Form 21-686c (or other prescribed form listed under M21-1 Part III, Subpart iii, 5.A.4.a) as proof of termination of a marriage in the absence of contradictory evidence of record (to include entries the claimant makes on the form) that cannot be resolved through

reconciliation with other evidence of record, or telephone contact with the claimant.

Important: If a Veteran, spouse, or surviving spouse has had multiple marriages,

request documentary evidence of termination of only those marriages for which contradictory evidence or information exists.

RO employees should not routinely search through a claims folder for the sole purpose of ensuring it contains no contradictory evidence. A review of other evidence contained in the claims folder should only be undertaken- if there is reason to suspect the veracity of the information the claimant

provided on the prescribed form, or- to resolve discrepancies in

entries the claimant made on the form, or evidence the claimant submitted.

VA does not require completion of a specific form or submission of documentary evidence to remove a dependent from a Veteran’s beneficiary’s award.

References: If documentary evidence of termination of a marriage is necessary, follow

the instructions in M21-1, Part III, Subpart iii, 5.B.4.b. If removal of a dependent from a Veteran’s beneficiary’s award is

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necessary, follow the instructions in M21-1, Part III, Subpart iii, 5.A.4.ed.

b. Requesting Documentary Evidence of Termination of a Marriage

Follow the instructions in the table below if documentary evidence of termination of a marriage is necessary.

If a claimant indicates marriage was terminated by …

Then ask the claimant to submit …

annulment a copy or abstract of the annulment decree.divorce the original or a copy or abstract of the final

divorce decree.

Notes: Some jurisdictions provide employ a two-step

process for dissolving a marriage. First, an interlocutory decree of divorce is issued. Then, after passage of a specified period of time, a final divorce decree is issued.- The parties in a divorce proceeding remain

married until a final divorce decree is issued.- An interlocutory decree of divorce does not

dissolve a marriage. If a claimant submits an interlocutory decree of divorce as proof of termination of a marriage, ask him/her to submit a final divorce decree.

Some States require a “cooling off” period between the date the divorce decree is issued and the actual date the final divorce occurs or takes effect. As provided in 38 CFR 3.206, the standards in the jurisdiction in which a divorce decree is issued are controlling for determining the effective date of a divorce.

Example: A divorce in Puerto Rico is not final until 30 days after the divorce decree is issued.

Reference: For more information on considering State laws when deciding issues involving dependents, see M21-1, Part III, Subpart iii, 5.A.1.j.

Notes: Send a letter requesting the evidence described in the table above if- attempts to request the evidence by telephone are unsuccessful, or- contact by telephone is made with the claimant but he/she is unable to

provide the evidence (by fax, e-mail, or in person) within 24 hours. Follow the instructions in M21-1, Part III, Subpart iii, 1.B.1.d for

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documenting successful and unsuccessful attempts to contact a claimant by telephone.Document all attempts to contact a claimant by telephone, whether successful, or unsuccessful, as a system note in MAP-D or VBMS.

References: For more information about requesting evidence using Modern Award Processing – Development (MAP-D), see the MAP-D User

Guide, or Veterans Benefits Management System (VBMS), see the VBMS User Guide.

c. Additional Actions That Might Be Necessary After Requesting Documentary Evidence of Termination of a Marriage

The table below describes additional actions that might be necessary after requesting documentary evidence of termination of a marriage from a claimant.

If ... Then ...a claimant is unable to locate the documentary evidence VA requested to prove termination of a prior marriage

attempt to locate the evidence on the claimant’s behalf.

References: For information about VA’s obligation to make reasonable

efforts to obtain non-Federal records, see M21-1, Part I, 1.C.2.ba, or

addresses to which requests for public records may be sent, see http://www.cdc.gov/nchs/w2w.htm.

a claimant alleges termination of a prior marriage by divorce, and

documentary evidence of the divorce cannot be located

instruct the claimant to obtain a new divorce decree.

Note: A claimant may initiate divorce proceedings even if the location of the other party to the divorce is unknown.

a surviving spouse is filing a claim for death benefits, and

the surviving spouse is unable to prove termination of one or more of the deceased Veteran’s prior marriages

undertake development to establish a deemed-valid marriage, according to the instructions in in M21-1, Part III, Subpart iii, 5.E.7.

References: For information about terminating a common-law marriage through divorce, see M21-1 Part III, Subpart iii, 5.BC.1.c.

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5. Termination of Marriage Through Death

Introduction This topic contains information on theabout marriages that are terminatedion of marriage through death, including

when to request evidence of death primary evidence to establishof death secondary evidence to establishof death, and circumstances under which VA may make a finding of death.

Change Date June 4, 2015January 20, 2016

a. When to Request Evidence of Death

Request evidence to establish the termination of a marriage through the death of a spouse when

a claimant’s entries on VA Form 21-686c (or other prescribed form listed under M21-1 Part III, Subpart iii, 5.A.4.a) conflict with other evidence or information of record

the VA Form 21-686c (or other prescribed form) contains questionable or discrepant information that cannot be resolved through- telephone contact with the claimant, or- review of other evidence of record, or

there is a reasonable indication of fraud or misrepresentation.

Notes: If evidence to establish termination of a marriage through death is

necessary, attempt to request it through telephone contact with the claimant. Request the evidence by letter if- the claimant cannot be reached by telephone, or- contact by telephone is made with the claimant but he/she is unable to

provide the evidence (by fax, e-mail, or in person) within 24 hours. Follow the instructions in M21-1, Part III, Subpart iii, 1.B.1.d for

documenting successful and unsuccessful attempts to contact a claimant by telephoneDocument all attempts to contact a claimant by telephone, whether successful, or unsuccessful, as a system note in MAPD or VBMS.

VA does not require completion of a specific form or submission of documentary evidence to remove a dependent from a beneficiary’s award.

References: If removal of a dependent from a beneficiary’s award is necessary, follow

the instructions in M21-1, Part III, Subpart iii, 5.A.4.d. For more information on

- using VBMS to create development letters, see the VBMS User Guide- using MAP-D to create development letters, see the MAP-D User Guide,

or- the definition ofidentifying fraudulent actions, see M21-1 Part III, Subpart

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vi, 5.A.1.a.

b. Primary Evidence to Establishof Death

The fact of death may be established on the basis of any oneEither of the following formsof represent primary evidence of an individual’s death:

an official death certificate, or a copy of a coroner’s report of death or a verdict of a coroner’s jury. a death certificate signed by a medical officer if death occurred in a hospital

or institution under the control of the U.S. Government a clinical summary or other report showing the fact and date of death signed

by a medical officer if death occurred in a hospital or institution under the control of the U.S. Government

an official report of death of a member of a uniformed service from the Secretary of the department concerned if death occurred while the deceased was- on the retired list- in an inactive duty status, or- on active duty

a U.S. consular report of death bearing the signature and seal of the U.S. consul if death occurred abroad, or

an official report of death from the head of the department concerned if the- deceased was, at the time of death, a civilian employee of a U.S.

Government agency, and- death occurred abroad.

Important: When primary evidence cannot be furnished, the claimant must state the reason why.The table below identifies other forms of primary evidence that are acceptable for establishing the fact of death.

If ... Then consider as primary evidence of death ...

death occurred in a hospital or institution under the control of the U.S. government

a death certificate signed by a medical officer, or

a clinical summary or other report that- is signed by a medical officer, and- shows the fact and date of death.

the deceased individual was, at the time of death,

on the retired list in an inactive duty status, or on active duty

an official report of death from the Secretary of the department concerned.

death occurred abroad a U.S. consular report of death bearing the signature and seal of the U.S. consul.

the deceased individual was, at the time of death, a civilian employee of a U.S. government

an official report of death from the head of the department concerned.

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agency, and death occurred abroad

Important: When primary evidence cannot be furnished, the claimant must provide the reason why.

c. Secondary Evidence to Establishof Death

Once the a claimant explains provides the reason for the lack of primary evidence of death, the fact of death may be established on the basis of the following secondary evidence:

a finding of the fact of death made by another Federal agency in the absence of evidence to the contrary, or

affidavits from persons who have- personal knowledge of the fact of death, and- viewed the body and know it to be the body of the person whose death is

being established.

Note: Affidavits must set forth all the facts and circumstances concerning the death such as the date, place, time, and cause thereof.

d. Circumstances Under Which VA May Make a Finding of Death

In the absence of the primary or secondary evidence outlined in M21-1, Part III, Subpart iii, 5.B.5. b and c, VA may make a finding of death if the fact of death is shown by a preponderance of competent evidence.

Important: An administrative decision is required.

Reference: For more information on preparing an administrative decision regarding a finding of death, see M21-1, Part III, Subpart v, 1.G.

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6. Determining Whether a Marriage Is Void

Introduction This topic contains information on determining whether a marriage is void, including

legally defective marriages requirements for voiding a marriage effect of a determination that a marriage is void, and determining if whether a marriage is void.

Change Date October 11, 2010January 20, 2016

a. Legally Defective Marriages

Certain “marriages” have no legal effect even though the parties may have

gone through a marriage ceremony was held, and registered the marriage was registered with local government authorities.

Such marriages are legally void because the parties to them did not satisfy the legal requirements for entering into a marriage at the time of the alleged marriage took place.

b. Requirements for Voiding a Marriage

Not all legally defective marriages are void. For example, in most jurisdictions, marriage by underage individuals is not automatically void.

Generally, a marriage is considered void only if the defect is fundamental. Grounds for voiding a marriage vary from State to State, but in most States a marriage is void if

either party to the marriage is stillalready married to someone else whenat the time of the marriage in question takes place, or

the parties to the marriage are closely related.

c. Effect of a Determination That a Marriage Is Void

If a marriage is determined to have been voidUpon recognition of a marriage as void, there is no need to dissolve it through divorce or annulment before entering into a subsequent marriage. Likewise, a remarried surviving spouse whose subsequent marriage is annulled or declared void may reestablish entitlement to survivors benefits as a surviving spouse.

d. Determining if Whether a Marriage Is Void

Follow the steps in the table below if a claimant alleges that a marriage was not terminated because it was void from the outset.

Step Action

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7. Determining Whether anRemoval of Impediments to Marriage Has Been Removed

Introduction This topic contains information on the removal of impediments to a marriage, including

determining whether an impediment to marriage has been removed, and determining whether removal of an impediment to marriage was successful.

Change Date June 4, 2015January 20, 2016

a. Determining Whether an Impediment to Marriage Has Been Removed

Use the table below to determine whether an impediment to a marriage has been removed.

When … And … Then …one or both parties to a marriage were already married to someone else at the time they attempted to enter into a marriage with one anotherone or both parties were already married at the time they attempted to enter into a marriage

the earlier marriage was subsequently dissolved

the status of the second later marriage is determined under State law.

the earlier marriage was not subsequently dissolved

the impediment has not been removedto marriage remains.

one or both parties to a marriage were already married to someone else at the time they attempted to enter into a marriage with one another, and

the parties resided as a married couple after the dissolution of the prior marriage(s)

while residing as a married couple, they couple lived in a State that recognizes common-law marriages

a common-law marriage will arise automatically arises upon dissolution of the prior marriage(s).

while residing as a married couple, they couple lived in a State that does not recognize common-law marriages

after taking the following actions, the station of jurisdiction must determine whether removal of the impediment (dissolution of the prior marriage(s)) may or may not validate renders the later marriage valid:.

Fully develop the facts of the case. If necessary, request a legal opinion

from Regional Counsel on the validity of the later marriage.

Reference: For more information, see M21-1, Part III, Subpart iii,

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5.B.7.b.

b. Determining Whether Removal of an Impediment to Marriage Was Successful

Follow the steps in the table below to determine whether removal of an impediment to marriage was successful when the

parties resided as a married couple after dissolution of the prior marriage, and

the couple lived in a State that does not recognize common law marriages.

Step Action1 Fully develop the facts of the case.2 If necessary, request a legal opinion from Regional Counsel on the

validity of the second marriage.