ISSUE: A Veteran’s surviving spouse contacted us after having trouble getting survivor benefits. When the Veteran passed away in 2022, VAC asked the surviving spouse to sign a form confirming a common-law relationship. But they weren’t common-law—they were married. At the time of the Veteran’s passing, they had been temporarily living apart for work reasons, but there was no separation in a legal sense. The surviving spouse’s lawyer advised against signing the form because it was inaccurate. The marriage certificate and the Veteran’s Last Will and Testament, both in VAC’s possession, clearly showed they were married. Feeling frustrated and unsure of what to do, the surviving spouse turned to the OVO for help.
ACTION: The OVO contacted VAC to confirm the surviving spouse’s status and directed VAC to the marriage certificate and the Veteran’s Last Will and Testament on file. VAC agreed that an error had been made.
RESULT: VAC approved back payments for the survivor. They also set up monthly payments going forward. After a long wait, the surviving spouse finally received the support they were entitled to.