§3.50. Spouse and surviving spouse. — Inbound Citations

(d) Sections 1.600 through 1.603 are not intended to, and do not:

(1) Waive the sovereign immunity of the United States;

(2) Create, and may not be relied upon to create, any right or benefit, substantive or procedural, enforceable at law against the United States or VA; or

(d) The surviving spouse meets the requirements of the term “surviving spouse” as outlined in § 3.50; and

(e) The term dependent means a spouse, child or dependent parent who meets the definition of relationship specified in § 3.50, § 3.57 or § 3.59 of this chapter.

(2) “Spouse” means a person whose marriage to the veteran meets the requirements of § 3.50(a) of this part.

(i) A spouse as defined in § 3.50(a) of this chapter,

(2) A spouse must meet the definition of spouse in § 3.50(a) of this chapter.

(4) The date the spouse first meets the definition of spouse in § 3.50(a) of this chapter.

(2) A spouse must meet the definition of spouse in § 3.50(a) of this chapter at the time of transfer.

(2) A spouse must meet the definition of spouse in § 3.50(a) of this chapter at the time of transfer.

(4) The date the spouse first meets the definition of spouse in § 3.50(a) of this chapter.

(4) The date the spouse first meets the definition of spouse in § 3.50(a) of this chapter.

(c) Except as provided in paragraphs (c)(1) and (2) of this section, the Secretary shall pay special pension under this section to the surviving spouse (as defined in § 3.50(b)) of a person whose name has been entered on the Army, Navy, Air Force, and/or Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under 10 U.S.C. 1134a(d).

(1) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—

(i) For one year or more prior to the veteran's death; or

(2) No special pension shall be paid to a surviving spouse of a person under this section if such surviving spouse is receiving dependency and indemnity compensation under 38 U.S.C. 1311 or 1318.

(3) A surviving spouse who qualifies for Medal of Honor pension may, by notifying the Secretary in writing, elect to receive instead dependency and indemnity compensation under 38 U.S.C. 1311 or 1318, if entitled to such compensation. See also § 3.702(g).

(4) Special pension, including any lump sum payment under paragraph (d) of this section, may only be paid to a surviving spouse for months beginning after January 5, 2021.

(3) “Surviving spouse” means a person whose marriage to the veteran meets the requirements of §§ 3.50(b) or 3.52 of this part.