Wife Of Army Veteran Here

[Bev.Choy]

Hello everyone :) Being new here, I'm not sure if this is the right place or not to be.

My husband and I have been married 9 years on the 17th of this month and we are still fighting with the VA for them to establish myself as my husbands wife. Because of a piece of paper dating back to '82 stating that my husband was "going through a divorce" instead of just breaking up with his girlfriend (there was no common law marriage), the VA has stated that they will not recognize me as his wife until they see a divorce or an annulment from his previous relationship. We have already had a lawyer check all state and county records and had him write to the VA that as there was no marriage, there can be no divorce or annullment.

The VA doesn't see it that way. When we appealed the denial, we didn't even get notification of when the appeal would be and so they denied our claim. We've done another NOD, but we're at a loss as to what to do or who to contact, besides the DAV.

Can anyone give advice or help us out here?

[carlie]

Welcome.

Other's will most likely chime in.

[Bev.Choy]

I appreciate the welcome :)

[jbasser]

Send the information to your congressman and ask them to intervene. 9 years is too long to wait.

I don't know if you can file suit in federal court but remember this. This is not a claim. This is an ancillary benefit and is not to be adjudicated. It really cannot be denied but can be held up pending qualification of the beneficiary.

These folks get something in their heads and and they wont change their minds unless you choke it out of them.

J

[Bev.Choy]

I'm confused, then, because they've already said it's been adjudicated and denied... maybe I'm just not comprehending.

As for the congressman, I suppose we could try them again. We went to them to get help and the best we got was a photocopy of the denial of claim on the grounds that we never showed up for the appeal. We never even got notification of when that was to take place and haven't a clue as to who we'd contact because of it. We'll go to the congressman again and see what they can do this time.

Thank you :)

[JT24usn]

http://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part3/subptiii/ch05/ch05_seca.doc

[Bev.Choy]

Thank you for that, but I'm not quite sure what the page is saying other than showing proof of our status, which we've done....