Same-sex spouses who were in long-term relationships with a veteran but were not legally able to marry before 2015 may now qualify for survivor benefits under a policy change announced by the Department of Veterans Affairs.
By law, couples have to be married at least a year for the surviving spouse to be eligible for benefits such as the VA survivors pension or the Dependency and Indemnity Compensation.
The policy change took effect immediately, so newly eligible spouses can apply now.
Anyone who applies within the next year will get benefits backdated to Oct. 11, 2022, but the benefits are not retroactive beyond that.
Last year, the VA said veterans given other-than-honorable discharges solely for their sexual orientation under the military's now-defunct "Don't Ask, Don't Tell" policy would be eligible to receive full benefits.
The change for survivor benefits comes after 41 Democratic senators sent a letter to McDonough earlier this year calling on him to ensure same-sex partners are eligible for benefits if they weren't able to marry prior to Obergefell.
The VA has also faced at least one court challenge over survivor benefits for LGBTQ spouses. »