famvet replied to blouda's question in VA Disability Compensation Benefits Claims Research ForumSo r u saying that, for instance, if a disabled vet has children to 2 different women and he was receiving up to 30 percent disability that he could actually apply for retro payment for his child from one woman and not his child of another woman. Would that be totally up to him to discriminate if he wanted to or would the other child have legal recourse if they chose to fight it. Just a scenario that could be an ugly possibility. Also, if the vet does apply for retro benefits for the child, you are saying that the vet would receive the money and only have to give it to the child if he/she wanted to? Surely, there must be some legal recourse for children in these cases. Also, when you say that the ex-spouse is not eligible to receive benefits what is the cutoff for this and what about common-law marriage in a state. is it recognized in a va disability claim.
famvet posted a question in VA Disability Compensation Benefits Claims Research ForumI filed a va disability claim in 2008 and on the application for closest relative I put my common law wife in pa at the time and put relationship as wife. On all of our documentation for over the past 20 years (income tax, house we own together, etc) she has always been listed as my wife. This claim was filed in early 2008 and since then in oct of 2008 she moved from house and we are separated although we still own house together. If I get my disability claim will she be entitled to any monthly compensation from the claim. The state we live in pa does recognize common law marriage if that has anything to do with it or is it only if the va recognizes it. She still uses my last name and refers to herself as my wife and we are still on documents together with her listed as my wife.