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Compensation For Common-law Spouse And Stepchildren

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Draggin'

Question

I was rated last April and began to recieve pay for myself only.

My wife and children, who were listed and had verification provided for on the forms, were not included in the compensation.

They all live in the home with me and have done so for over 5 years. They are supposed to be counted as my spouse and dependants.

After loosing our paperwork between last April and last December, we finally recieve word in December that VA needs more information to verify our common-law marriage.

We send in the statements requested. Statements from people who know us and we have been "married" around. VA already has our tax returns.

Still nothing. I call at least weekly.

We began working with an OEF/OIF represenative in Dallas VA. She calls to check on this and now they said they need for US to sign a statement.

So we fax her the requested statement (VA provided sheet). She calls them to check again. Now they say we EACH need to send in a statement. We say OK. We later realize that this statement has a signature space for "veteran" me, and "spouse" my wife. They would be getting an exact copy of the same paper if this were the case. So we inform our represenative in Dallas over voicemail and have not heard back yet due to it being the weekend.

They owe 12+ months in back pay for my wife, my daughters and my mother-in law and they seem to be dragging their feet. Loosing things, not knowing what they need, etc.

The OEF/OIF represenative from the Dallas VA seems disturbed that this has drug on for over a year. We have been faxing her info and she has been getting answers within days. She says she is speaking with someone who is working on the claim.

Any advice? We've been waiting for this for a very long time.

Thanks

Draggin'

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We have decided to go to Waco ourselves as recommended here. We have also decided to make our claims "idiot proof" (no offense, I could find no better phrase), by providing all of the information and help we can. Here's (BELOW) the letter we plan to furnish along with our proof of Common Law Marriage. We took most of our personal information out so we could post it here. Let me know what you think!

Also, I have a question about the section on dependants that I made red. It's concerning my mother in law. We had mentioned that she is our dependant to our VSO, but we do not believe this was ever claimed. In fact when I was awarded my 50%, the attached info from VA claimed they needed more proof on our common law marriage so that they could pay for my wife, and my two step-daughters...no mention of mother in law.

My question...should we provide this information (on mother in law) on this go-round with the VA in Waco? Should we provide this separately somehow? Should we wait until the marriage and step-children thing is verified? We don't want the new dependant information to drag out the current dependant information (although, they don't seem to have it all together anyway).

Thank you all for your help. 

Draggin'

_________________________________________________________________________

Further Explanation to Prove Common Law Marriage and Verify Dependants

Began Living Together

I, (name here), moved into the home of (common law spouse's name) on (date)...as stated on Form # , section #. Previously I had lived with my Mother, (her name), at (address). When myself and (common law spouse's name) began to live together, we ere engaged to be married.

As husband and wife

Soon after, (date), we were referring to the other as husband or wife (respectively). We considered ourselves married and discussed the fact that our marriage would be considered a common law marriage. We have attached at copy of our signed statement, statement FORM # , confirming this. Also, witnesses to our common law marriage, have signed an attached statement, FROM# .

Address Proof

Beginning in 2006, I began to officially change my address information. I was not in a rush, because my previous address was my Mom's house, and she remained there. She would just bring me my mail with no problems. Many businesses and organizations still used the address at (previous address) and I was still very accustomed to using my "old" address. If there are any discrepancies in address information during 2006, this is the reason. It took me a bit of time to establish my address change, while living a life with a new wife and step-children.

Attached are various bills and statements from 2006 that are in my name that came to my new address at my and my spouses home at (new address)

Tax/IRS Proof

Beginning in 2006 we were able to file taxes as a legally, common-law married couple. We fit the IRS criteria to do so, by being married for more than 6 months out of the year.

Attached is our 2006 Tax Return to confirm this. Also attached are our 2007, 2008 and 2009 returns which show the same thing.

Dependants

(common law spouse's name)'s children (children's names) have lived with her their entire lives. The girls have been my step-daughters/dependants since our marriage began in late 2005.

(common law spouse's name)'s Mother has lived with her for over 7 years and is (common law spouse's name)'s dependant. Therefore, (her Mother's name) has been my dependant since our marriage began in late 2005. We have provided various documents verifying this, including letters from witnesses to her living in our home, bills/statements in (her Mother's name) at this address, birth certificates, drivers liscense copies, social security cards, etc.

In Closing

My spouse and I believe that we have provided all of the proof needed to confirm that we are indeed married. We also have provided ample proof concerning our dependants. We ask that you please confirm this quickly. Considering my disabilities, the compensation due to me for my dependants will greatly assist me in providing for them as needed.

Thank You For Your Hard Work

(my signature)

Done

____________________________________________________________________________________________________________________

 

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  • HadIt.com Elder

You should provide info if she would qualify. However, I would take up the main part the wife and kids first.

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  • HadIt.com Elder

I know you are frustrated but expecting people at a VA Medical Clinic to help you with a claims problem is kind of like going to a gas station to have your your kids wagon fixed they don't do it there that may be part of why you seem to get strange looks from people the VARO doesn't do medical care and the VAMC does not process claims paperwork

yes when it comes to money the govt owes you they take forever to pay it and they don't pay interest on the money they owe you now turn it around and you owe them money they will attach everything they can and charge you interest until they collect it

but keep the 2 parts of the agency separate claims at the Regional office and medical care at the Medical Center

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Good point, very good point.

They are taking their sweet time for sure.

I know you are frustrated but expecting people at a VA Medical Clinic to help you with a claims problem is kind of like going to a gas station to have your your kids wagon fixed they don't do it there that may be part of why you seem to get strange looks from people the VARO doesn't do medical care and the VAMC does not process claims paperwork

yes when it comes to money the govt owes you they take forever to pay it and they don't pay interest on the money they owe you now turn it around and you owe them money they will attach everything they can and charge you interest until they collect it

but keep the 2 parts of the agency separate claims at the Regional office and medical care at the Medical Center

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I recently recieved an award letter for a long going PTSD claim.

We had been told by the Regional Office that they were waiting on the PTSD claim to be done before they did dependants claim...which is exactly what the award letter said they were going to work on next.

So far, when we call, there is no dependants claim in. It's been about 2 weeks since the award.

So we're still waiting.

Draggin'

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