Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Can Someone Help With Answers

Rate this question


jessie0054

Question

Hello:

I had a veteran ask if i could help fine a way to get his wife on Tri-Care as she can not get medical coverage.

He is a Retired Veteran of the Airforce [ Served 20 years and 9 months]

He and his wife were married 13 years and 9 months of his active service.

What does he have to do to get her covered for the rest of her life?

Is there a way?

Thanks, Jessie

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

remarry her is the simplest. the gov't has to honor a divorce decree and if it is not so staed in the decree, they won't do it.

be careful of amending the divorce decree

Link to comment
Share on other sites

remarry her is the simplest. the gov't has to honor a divorce decree and if it is not so staed in the decree, they won't do it.

be careful of amending the divorce decree

Thanks Recruiterrick:

They haven't divorced yet!! But it's in the making from what i understand. [ the veteran is my sons employer].

He said they have been married for 35 years with 13 years and 9 months of it during his Active Military Service.

A part of the divorce is that he maintain Medical insurance on the wife for the rest of her life.

Thanks Jessie

Link to comment
Share on other sites

B)

after the divorce take the divorce decree to the nearest tri-care office. that'll do it.

B) Thanks again!!

That's all he has to do to see that she stays on the TRICARE after the divorce??

He said that she didn't qualify due to not being married long enough during his active service [ they were married 13 years and 9 months of the 20 year active service]

Tricare is telling him they weren't married long enough during active service?????

Thanks Jessie

Link to comment
Share on other sites

ACK! NO! That's NOT all he has to do!

From Tri-Care Handbook:

"• Former spouses of active or retired military who were married to a service member or former member who had performed at least 20 years of creditable service for retirement purposes at the time the divorce or annulment occurred. The former spouse must also meet the following requirements:

1. Must not have remarried.

2. Must not be covered by an employer-sponsored health plan.

3. Must not be the former spouse of a NATO (or “Partners for Peace” nation) member. And—

4. Must meet the requirements of one (not all) of the following three situations:

Situation 1:

Must have been married to the same member or former member for at least 20 years, and at least 20 of those married years must have been creditable in determining the member’s eligibility for retirement pay. If the date of the final decree of divorce or annulment was on or after February 1, 1983, the former spouse is eligible for TRICARE coverage of health care that is received after that date. If the date of the final decree is before February 1, 1983, the former spouse is eligible for TRICARE coverage of health care received on or after January 1, 1985.

Situation 2:

Must have been married to the same military member or former member for at least 20 years, and at least 15—but less than 20— of those married years must have been creditable in determining the member’s eligibility for retirement pay. If the date of the final decree of divorce or annulment is before April 1, 1985, the former spouse is eligible only for care received on or after January 1, 1985, or the date of the decree, whichever is later.

Situation 3:

Must have been married to the same military member or former member for at least 20 years, and at least 15—but less than 20— of those married years must have been creditable in determining the member’s eligibility for retirement pay. If the date of the final decree of divorce or annulment is on or after September 29, 1988, the former spouse is eligible for care received for only one year from the date of the decree. Upon completion of the period of eligibility for TRICARE, explained in Situation 3 above, a former spouse is eligible for the Continued Health Care Benefit Program (CHCBP). Check with your BCAC/HBA/TSC for details."

He could re-enlist :D

Don't know what to tell you on this one.

He might want to inform his lawyer that he CAN'T get it through the military (as that might change the MIX of other things settled..i.e. if he has to pay for private coverage, then he would get to retain more of his retirement pay).

But then, again, as you say she can't get medical coverage --then that really needs to be discussed with the attorney -- because if she isn't insurable - then being ordered to provide health insurance when Tricare is not an option would be pretty rough. And even being married for 15 years of credit time in the service would only get her one year. She would need the whole 20 years for life time coverage.

If the attorney's thought he could get coverage - that would be the route they would go toward - but if Tricare won't cover her - they might have to work something else out.

Some of it will most likely depend on who really wants the divorce.

As he is retired Air Force - he can also talk to the AF attorney.

With all the years you added up here - she is not a real long way away from Medicare, is she?

They also have a 36 month plan - like COBRA - for continued coverage for 3 years:

Private Health Insurance:

From time to time private insurance programs have been established to provide transition coverage for former spouses who will lose medical coverage. The most recent program was established in 1994, the CONTINUED HEALTH CARE BENEFIT PROGRAM (CHCBP).

Although the program was designed primarily for those military members who are separated under one of the new incentive programs, coverage for former spouses is available.

Former spouses who do not remarry are eligible to purchase coverage for up to 36 months. Information can be obtained from CHCBP at 1-800-809-6119.

Free

:blink:

:blink: Thanks again!!

That's all he has to do to see that she stays on the TRICARE after the divorce??

He said that she didn't qualify due to not being married long enough during his active service [ they were married 13 years and 9 months of the 20 year active service]

Tricare is telling him they weren't married long enough during active service?????

Thanks Jessie

Think Outside the Box!
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use