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The Veterans Survivor Benefits Scheme, the Unlawful Marriage and CUE

By Janice G. Inman

The validity of most marriages is rarely challenged. We know when the marriage took place, as evidenced by official papers, and we know just as well when it ended … if it did. In those unusual situations in which an attempted marriage is not legal, there isn't much anyone can do about it. Either a marriage is valid or it's not. Period.

The case of Lewis v. Shulkin, 2017 U.S. App. Vet. Claims LEXIS 478 (3/30/17), heard by the U.S. Court of Appeals for Veterans Claims, shows us one instance in which an attempted but not legal marriage just might have a chance to be recognized, at least for the purposes of determining government benefits. The case was brought by Geraldine Lewis against David J. Shulkin in his capacity as Secretary of Veterans Affairs, after she was denied survivor benefits following the death of her formerly active-duty military husband (assumed). To get a different outcome, Geraldine Lewis will need to surmount one giant hurdle: She will need to show clear and unmistakable error (CUE) in the denial of her claim.

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