In 2021, the Captain James C. Edge Gold Star Spouse Equity Act (H.R.2827) addressed restrictions on benefits for surviving spouses of servicemembers.
The legislation states that the surviving spouse of a Veteran who remarries before age 55 can still receive their survivor benefits. The Department of Veterans Affairs (VA) must also resume payment of dependency and indemnity compensation to surviving spouses who remarried before the age of 57 prior to the enactment of this bill. This is good news for spouses who may have previously lost access to their benefits upon remarrying.
Inside Gold Star Spouse Benefits
The law made changes to the remarriage rules for Dependency and Indemnity Compensation (DIC). A Veteran's surviving spouse who remarries after the Veteran's death remains eligible for the benefit if the spouse is at least 55 years old and if the remarriage occurred on or after January 5, 2021.
Upcoming Legislation About Gold Star Spouses
It’s important to preface discussion of pending or upcoming legislation to note that legislators introduce, and sponsor, bills aimed to improve or increase Veterans benefits for many reasons. Few of these legislative items make it through both houses of Congress to become law.
With that being the case, Veterans organizations and social media campaigns work to keep people informed to build interest and support. Below are a couple of examples from the current US legislative sessions being considered.
The Caring for Survivors Act
The Caring for Survivors Act of 2023 would increase the monthly benefit of DIC eligible survivors through the VA. Currently, DIC is 43% of a 100% permanent and total disability rating. The change would increase the amount to 55%, in line with other federal benefits for survivors.
Additionally, the bill:
- Reduces the period of time that certain Veterans must have been rated totally disabled due to a service-connected disability in order for a survivor to qualify for benefits; from 10 years to 5 years; and
- Specifies the amount that is payable to survivors of Veterans who were rated totally disabled for a period of less than 10 years before their death.
The Love Lives On Act
The Love Lives On Act of 2023 would extend entitlement for various benefit programs and services for surviving spouses of deceased members of the Armed Forces or Veterans. For example, the bill would end the expiration of entitlement for the Marine Gunnery Sergeant John David Fry Scholarship and would provide that the remarriage of a surviving spouse would not prohibit receipt of DIC.
Additional Resources on Gold Star Spouses, Benefits and Legislation
AAFMAA Can Help
Our Member Benefits team provides expert advice on military benefits and entitlements. For information on managing your military life, call 800-522-5221 (Option 2) or email [email protected].
This article was originally published January 31, 2022.