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?

[Capt.]

Hello and WELCOME aboard.....

I am so sorry that you have to go thru this but I believe you are in DIRE need of legal help ..... a lawyer.

I agree with what the others have said and also think that if your claim has reached a final decision and the case is closed you would as Bronco said have to reopen the claim. There may be a chance to have it CUED(Clear unmistakeable error) also if it has been Closed. This may be why they keep sending you closed issues when you reply to them and the Congressman is getting the same lame excuse from them so he can only go with what they are telling him or her.

For the most part Congressman are not of much help in Veterans claims. There are only a few here on the board that have had help.

As JBasser pointed out ...it is not suppose to be a claim but they seem to think it is. A dependent issue as he pointed out is ancillary. It is a benefit law nothing to do with a rating.

If they are seeing you for free at the hospital then there is something very amiss . This is going to have to be carefully done because of the smoke screen the VA is laying down causing this confusion.

Now one of the long shots and this one is a drastic measure .....is to get all of your evidence and try to hold a PRESS conference with your T.V station and don't forget to show your Congressman letters and responses. That may put a fire under the Congressman when cameras and questions are pointed to him and he couldn't do anything. Just a thought. But I know that a couple of our members have tried that too and it has worked for them.

Dependent issues are very common , I too am dealing with one , so I would keep very close guard on your records and timelines , deadline dates. Your main goal is to dig in , get that Lawyer ,,,,, and NEVER GIVE UP . God Bless, C.C.

Edited January 13, 2013 by Capt.Contaminate

[broncovet]

I have not seen the VA "refuse to accept evidence"...Did they send you a letter stating the same or did they just ignore it? Get you a lawyer familiar with VA law.

[WhyMista]

Welcome.

This is a friendly place save for the Marines......

;)

[WhyMista]

We've decided to go to the senator, Ted Cruz to see if we get help. The congressman sent us a photocopy of the denial and they closed 'the case' :(

He should help as he is eying a run for the whitehouse come 2016

[Scorpio Rising]

Welcome! I'm new here, so unable to provide anything substantive other than my thanks to you/your family for your service, as well as, sacrifices and also my hopes that whatever issues you're dealing with you'll find the support you need from this site. Stay strong!

Warmest Regards,

Maria

[carlie]

Moving this thread to the Claims / Benefits forum.