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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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monk

Divorce... And She Wants My Money!

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HI! lIKE THE SONG SAID...SHE WANTS MY MONEY..WHEN I'M IN NEED...SHE IS A GOLD DIGGER..A FRIEND INDEED...THAT DIGS ON MEEE ! GOING THRU A DIVORCE AND HER "FRIENDS" SAID SHE WILL HAVE A BIG PIECE OF MY DISABILITY COMPENSATION...AND HALF OF MY RETIREMENT CHECK. I KNOW ABOUT HALF OF MY RETIREMENT BUT.......SHE CAN TOUCH MY DISABILITY TOO?? I EARN THAT AWARD WITH BLOOD, SWEAT AND TEARS. SHE WASN'T THERE WHEN THE BULLETS WERE FLYING ! THAT INFO CAN'T BE RIGHT. IF IS RIGHT...I GUESS ADD MY NAME TO THE LIST OF HOMELESS VETERANS IN THE UNITED STATES. :blink::lol: B)

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If you are receiving CRDP I don't know if that is dividable or not, just the retirement portion is, your VA disability is yours, unless like others say you are drawing for eligible children, get a good lawyer, but they can not calculate your VA compensation to figure out your alimony get a good lawyer now is not the time to be cheap pay now or keep on paying.....

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It depends a lot on whether their are children still receiving allotments as dependents. If she devorces you with children and she patitions for custody and wins, then she would have control of the childrens allotment.

If she is working and has independant means and it is a 50/50 state, then all assets at the time of the devorce will be split in half.

If their is a home involved, then she may be eligable to half the apprassed value. or half of the net selling price.

If it is an alimony state, then it may depend on if she intered into the marriage before or after your dissability.

If she is working, does she bring in more than you, if so, it could be shown she is the dominent partner and it is her who shoould pay the allimoney to help you during the period of adjustment.

FORGET EVERYTHING I HAVE SAID AND GET A GOOD DEVORCE LAWYER AND TALK TO YOUR SO IF YOU HAVE ONE.

Jim S. :lol:

p.s. Open a new bank account and reroute your check to it as soon as possible, it could take a mounth or one check before the transfer is complete.

If you have credit cards cancel them and any other financial matters that have both your names on them. When my wife divorced me she cleaned out the bank account and maxed all of our credit cards. It took me years to get out of the hole. I am sorry that you have to go through this loss.

Jim lane

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My friend got divorced and his disability check wasn't garnished but when the judge was advised that he got it he raised the amount the guy had to pay.They got you coming and going.

den

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Guest Namvet6567

VA comp is protected. Even as cash, in your personal bank account, it is protected from attachment or garnishment, except from the VA (in the case of an error) and the IRS, for taxes. Once that cash is converted to "stuff," the stuff can be seized and sold to satisfy leins or court orders. Often judges take comp into consideration when figuring child support and order the vet to pay the higher child support amount, which can then be enforced by issuing a contempt citation, for failure to pay. Someone posted a case, here at Hadit, within the past few months, where the judge had erred in ordering Comp considered in an alimoney award but the wife had turned it down, if I recall correctly. Thought I had saved it but apparently not.

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I think that case was JERRY BERRY, the judge awarded a portion of his VA to his EX .......He refused and went to jail, but they still could not enforce or touch his VA..........After a very long court battle his wife gave in........there is a website for his case and others conserning this issue, I think I can still find it.

Point is VA is hands off period. It is protected under Federal Law, and the state courts do not trump this law regardless what a judge thinks or orders.

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
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