Divorce And Non-Service Connected Disability Benefits

[rwcoldiron]

I have been married for 15 years and 3 years ago we seperated when my wife went to work. I just received a notification from the VA that my income for 2009 was $19,000 over the acceptable limit for my disability pension, and I will loose my check. During this time my wife had a seperate bank account and lived elsewhere. We both wrote statements to that effect but the process is starting within 60 days. My problem is that I have 100% disability (heart and lungs) and can not work. I want to stay married and possibly live with my wife but her income would not support the both of us and I'm barely getting by on my pension. I served in Korea during 1968-1971 did not see combat and received a General Discharge under Honerable Conditions. Two years after my discharge the VA did an operation on my heart to repair an atrial septal defect which is what my pension is based on and possibly my childhood case of TB. My questions: Is there any way I can keep my pension and live with my wife again? Should I consider applying for service connection? I honestly believe the government should not force me to live in poverty or divorce my wife in order to live with her just because she works.

[Pete53]

If you and your wife do not live in the same house and she does not support you you should be able to keep your pension. If you are service connected and not a pension income it does not matter.

You would be surprised how many Veterans get a pension that fit this criteria.

Appeal and ask for your pension to remain as is. Be sure and explain why and do not take the word of anyone who says that you can't do it.

[carlie]

My questions: Is there any way I can keep my pension and live with my wife again?

I honestly believe the government should not force me to live in poverty or divorce my wife in order to live with her just because she works.

Short answer IMO is NO - I sure don't think so.

You are married and pension is income limited.

Your wife makes too much money for pension to be warranted.

It would be nice if the wife could make a lot of money and you still get

your pension BUT that is not what a non- SC'd pension is set up or

intended for.

The intent is to help provide SOME financial help for veterans who are too

sick to work and have no income or resources.

Your wife is providing resources that are high enough that you don't qualify

for the pension.

If you have disabilities you feel are related to active duty, then I would submit a claim for service connection,

especially if I had medical evidence supporting this.

JMHO