Avoiding Confusion With A Nod

[Bonzai]

Last month, I filed a NOD with a NOVA lawyer. During my meeting with him, my lawyer asked me why I was not recieving additional compensation for having a spouse. So I dug out the letter they sent me in October 2006, denying me additional compensation because I did not enclose official stamped copies of my wife's and my divorce certificates from previous marriages. I have had no contact with my ex-wife since 1990, and I did not have any idea of how I could get a copy of the divorce certificate - I gave up. My ex-wife had sent me a copy of the divorce, but it got lost sometime, somewhere... I didn't even know where my divorce had taken place, as we had separated and I moved to a different state. My lawyer told me the VA had a 'Duty to Assist' me, but the local VSO has refuted that, saying it only applies to Federal records and medical records. Since we are in dire straights now, I researched on the Internet and 'believe' I found the right State to send my request for a copy of my divorce. I have mailed my request and money order, and hope to recieve the copy any day now. But I have questions:

1. Will sending in a VA Form 21-4138 Statement in Support of Claim, to have my wife added as a dependent, make the fine-tuned VA machine grind to a halt on my NOD?
   
2. Is there any way to get backpay to the date of my 30% SC award, which is when the dependent compensation should have started? There are extenuating circumstances I could bring up, but I am afraid of clouding the issue too much.
   
3. The VA wants the original stamped copies that I have paid for, and I am very concerned that they will just disappear. Is there any way to ask for the originals to be sent back?
   

Thanks in advance for any advice, help, and suggestions!

Louis

[Berta]

1. Probably Yes- but best to get it strained out-they might not even read the NOD for a year- it really wont hold up anything up that isnt moving ahead fast anyhow

2. Definitely Yes-if you had same spouse back to the EED- unless those circumstances would somehow prevent the award for the spouse

3. Ask them to return the originals after they have copied them.

(keep copies of everything you send them -cover letters as well as any documents and get a Proof of Mailing receipt)

[carlie]

Bonzai,

The way I understand your post is that you were married,

got a divorce and then remarried another spouse.

Is this correct ?

Soon after being granted your 30 % SC did you send or submit to VA

a form 21-686 ?

carlie

[Capt.]

Hello Bonzai,

I believe you should make your best effort to show the divorce decree.

I would also get at least 2 TWO and 3 would be better, certified copies. One for you and One for the VA. You may need it if they "loose" it. Your EED of the divorce decree is legally in your favor and represents money prorated from that date. Another thing to think about is are there any children under 21 or were any in college during that period? If so did you have custody of them after? This would mean more money they owed you. I agree with Berta get copies returned for sure and I do not believe at this point of your NOD , that it will slow the process at all. Remember that you also have time to turn in any evidence or records that will help VA to adjudicate your claim. As far as the VCAA, duty to assist, I would not count on VA to help you with anything. It will be in your best interest to follow up. It seems that from what most of the folks here at our family Hadit have experienced, with the time frame of NOD's and appeals ....it seems to run about a year , sometimes more. The 21-4138 is basically used for all of your pertinent information or records to be turned in and should be used always. Your 21-686 should be turned in if not already done. Please remember that the VA is not going to rule in your favor until you supply them with the evidence to effectively prove you are entitled to it. Hope all works out for you as it means backpay money and possible future benefits to you or your children. God Bless, NEVER GIVE UP. C.C.

[Bonzai]

I was previously married and got divorced in 1990.

I remarried in 2000.

I filled out the form for dependents they sent me, when I recieved the 30% SC award in 2006. I don't know what exact form it was. All I have is the letter that they sent back to me (in which they stated that attempts to reach me by phone were unsuccessful - very strange, because I had a cell phone). The letter states that I had 60 days to respond with the requested documentation.

Since my wife and I did not have certified copied of our divorce certificates, and I had no idea of how to get mine, I just gave up and filed the letter. Since the VA has a copy of my current marraige certificate, I have told them I was previously married, there is no copy of divorce for my first marraige, then there must be an entry somewhere in my c-file that I am a bigamist. I am still waiting for the authorities to arrive, but since this is in my VA records, I may be waiting a long, long, long time...

In reviewing the letter I recieved, it states that I had 60 days to respond. I believe that they will use this against me once I finally get all the documentation requested, even though my life was falling apart all around me due to my SC condition. So I am extremely doubtful of recieving backpay for any of the dependent compensation. I had asked the Veterans Service Organization about what I should do, and they told me that they couldn't help me. I needed to get the documentation on my own, and send it in. Until I recently recieved guidance on how to get it, I was at a loss at how to do so.

Louisi

[carlie]

Bonzai,

You posted,"I was previously married and got divorced in 1990.

I remarried in 2000.

I filled out the form for dependents they sent me, when I recieved the 30% SC award in 2006."

I would not think that the 1990 divorce papers would even play into your situation

because you weren't entitled to any dependent pay until 16 years after the divorce.

The only issues that should be of concern for this additional pay are:

1) The 2006 Rating Decision granting 30% SC disability.

2) The 2000 Marriage Certificate.

3) Proof of Submitting the 21-686 and a copy of the 2000 Marriage Certificate

(or license - whatever it's called) prior to one year,following the 2006 Rating Decision.

If you do not have proof of #3 - I doubt you will be granted retro-active dependent pay

back to the Rating Decision of 2006.

I would certainly resubmit a 21-686 and a copy of the 2000 Marriage License

and if you have it a date stamped copy showing you already submitted this information

in a timely fashion, ie; within the one year time frame.

jmho,

carlie

[sharon]

You need to file a VA 21-686c in order to add your dependents. You have to state the month and date of marriages and divorces and where they took place (at minimum). You also have to provide the same information for your current spouse. Unless there is information in your file that this information is not accurate, there is no need provide any documents.

M21-1MR, Part III, Subpart iii, Chapter 5, Section B