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?

[Berta]

"If they are seeing you for free at the hospital then there is something very amiss ."

Yeah....I am assuming he gets 100% P & T and you get CHAMPVA and in some cases, a VAMC can give a CHAMPVA dependent medical care.

Been there done that myself..............so why would the proof of marriage still be an issue?

Jbasser is right, this is an ancillary benefit. I had to get the General Counsel to get some VA thumbs out of butts on an ancillary issue a few years ago-----

An absurd problem........ maybe Cruz can help.......if not maybe the VA OGC can.....

Edited January 16, 2013 by Berta

[Bev.Choy]

What is the OGC program?

[Berta]

OH that is the Office of General Counsel VA...... their top gun lawyers.

I don't think you are at that point yet.

[tanker2]

dear bev to put it mildley you must feel like your swiming in a fish bowl. see what lawyer thinks about if possible to have ex girlfriend in question write out a letter stating her relationship at the time and the lenght of it. good luck and keep up the fight and god bless

[cham1968]

Welcome and good luck with everything. God Bless

[Bev.Choy]

I ended up talking to an Adrianna at Bergmann and Moore who then put me on the phone with Charles. They both have never heard of anything like this happening but are being kind enough that Charles has asked me to fax him the latest denial and they'd look into it. Only problem is, they don't take on cases like ours..... and it seems there isn't anyone who does.

I'm calling Ted Cruz's office again tomorrow as I haven't heard from anyone there, yet.