A Long Overdue Change in Policy
In a landmark decision, the U.S. Department of Veterans Affairs (VA) has announced the closure of a longstanding gap in survivor benefits, ensuring that LGBTQ+ veterans and their families receive equal recognition and support. This move addresses historical injustices stemming from discriminatory policies that previously denied benefits to same-sex couples who were unable to legally marry.
The Challenge of Marriage Requirements
Historically, VA guidelines mandated that couples be married for at least one year to qualify for survivor benefits and a minimum of eight years to be eligible for enhanced benefits. These requirements posed significant challenges for same-sex couples, particularly before the 2015 Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. As a result, many LGBTQ+ veterans and their partners were unable to meet these criteria, leading to denied claims and financial hardships.
A Step Towards Equality
In October 2022, the VA took a significant step by announcing its commitment to closing this gap. The department stated that it would recognize “marriage-like” relationships when determining eligibility for survivor benefits, acknowledging that many same-sex couples were in committed relationships long before they could legally marry. This policy change allows the VA to consider evidence of such relationships, ensuring that surviving partners receive the benefits they deserve.
The Role of Legal Advocacy
This decision was influenced by advocacy efforts from various organizations and legal clinics. Notably, the Harvard LGBTQ+ Advocacy Clinic, in collaboration with the Veterans Legal Clinic, represented Lawrence Vilord, the surviving partner of Vietnam War veteran Rhett Chalk. The couple had been together for 44 years but could only legally marry in 2017. Due to the VA’s previous requirements, Vilord was denied enhanced Dependency and Indemnity Compensation. Their case highlighted the inequities faced by many LGBTQ+ couples and played a pivotal role in prompting the VA’s policy revision.
Praise from Lawmakers and Advocates
The VA’s decision has garnered widespread praise. House Committee on Veterans’ Affairs Chairman Mark Takano lauded the move, stating:
“I commend Secretary McDonough and VA for taking this necessary step to close the gap that prevented many LGBTQ+ veterans and their survivors from accessing their earned benefits.”
He emphasized the importance of rectifying past discriminatory policies and ensuring equitable access to benefits for all veterans.
A Broader Movement for LGBTQ+ Veterans’ Rights
In addition to the VA’s actions, the Department of Defense (DoD) has also made strides in addressing past injustices. In January 2025, the DoD reached a historic settlement with over 30,000 LGBTQ+ veterans who were discharged under the “Don’t Ask, Don’t Tell” (DADT) policy. This settlement allows these veterans to easily update their discharge paperwork to remove any mention of their sexuality, a process that previously required a lengthy legal battle. Veterans with discharges less than honorable can now opt into a group review process to upgrade their status, restoring their honor and access to benefits.
Challenges That Still Remain
While these developments mark significant progress, challenges remain. The VA has yet to provide detailed guidelines on how it will define “marriage-like” relationships and handle past cases where survivor benefits were denied. Advocates stress the importance of clear criteria and proactive outreach to ensure that all eligible survivors are informed and can access their rightful benefits.
Further Commitments to Inclusivity
The VA’s commitment to inclusivity extends beyond survivor benefits. The department has implemented policies to create a welcoming environment for LGBTQ+ veterans, including the establishment of LGBTQ+ Veteran Care Coordinators at every facility. These coordinators assist veterans in accessing care, educate staff on LGBTQ+ issues, and work to ensure that healthcare services are delivered in an affirming and inclusive manner.
Furthermore, the VA has addressed the needs of veterans who were discharged due to their sexual orientation. A change in policy now means that these veterans may be eligible for VA healthcare and other benefits. The department encourages affected individuals to apply for a discharge upgrade, which can restore access to benefits and services previously denied.
What’s Next?
As of February 2025, the VA continues to work on implementing these changes and providing guidance to veterans and their families. Surviving spouses and dependents are encouraged to contact their local VA offices or visit the VA’s official website for information on eligibility and the application process.
Conclusion: A Historic Step Toward Justice
The VA’s recent actions represent a historic move toward equality for LGBTQ+ veterans and their families. By closing the gap in survivor benefits and addressing past discriminatory practices, the department acknowledges the sacrifices of all veterans, regardless of sexual orientation or gender identity, and reaffirms its commitment to serving those who have served the nation.
