Ex-wife claims I'm under investigation

[inthesouthoftexas]

I'm 40% disabled for a spinal compression fracture, degenerative disc disease and a bulging disk. Occasionally I'll ride a bike or play sand volleyball as my physical therapy. My ex-wife claims I'm under investigation for the past year because of my activities and my back disabilities. She also claims they're taking pictures of my daily activities and reading my Google documents, and pulling my internet search history dating back to when I was in the military so they can claim I committed fraud. The Army medically retired me for my back through MEB/PEB and I have x-rays and MRI's going back to 2007 at least. No friends or family have reported an investigator interviews, just the evil ex-wife. The ex-wife has said they took pictures of me coming out of a liquor store and that they showed her said pictures, read a college paper I had saved to Google Docs, commented to her on pictures I had saved in Google photos and more; this doesn't sound like an investigator would be reporting those kind of things to a witness/ex.

My question is should I be worried at all about an investigation with my activities, is there a law or regulation saying what I can and can't do with my back disability and is this the way a VA OIG investigation is conducted? 

Edited August 27, 2016 by inthesouthoftexas

[lotzaspotz]

Anytime I've had to talk to the RO or BVA about a claim or appeal we've filed for my husband, he has to get on the phone first with ID information and then give them authorization to talk to me.  Then, he hands me the phone.  Otherwise, I'd be shut down immediately, as well I should be.  I can't imagine that the VA would have the conversation with your ex that you've described.  If the VA ever has any issues with you of any consequence, you'll get a letter, I'm pretty sure about that.  Better maybe just to say to her thanks for the info and then change the subject, if you have to continue to talk to her at all.  If she's your ex, she has no legal relationship with you and the VA would most likely recognize that fact, so to discuss anything pertaining to your status with her would be inappropriate and possibly illegal.

Edited September 4, 2016 by lotzaspotz

[Buck52]

If she was my ex next time I communicated with her  I'd say '' Well guess your happy now  the VA took all my compensation away''....and just leave it at that ,b/c there's no way she can find out from the VA if your getting compensation, if you guys are legally Divorced.

Now if you died from one of your S.C. Disability  she could possibly file a DIC Claim  but that would be hard for her I would think?  not so much with SSA but the VA.

I would think once your legally divorced  then that cuts all ties with her and the VA.

How about this possible scenario 

''A dis grumbled  veteran neighbor could contact the VA  Bening jealous of your disability  and that he/she only gets a 10% RATING for the same disability as to where your RATING could be a higher disability''. what would the VA do?

 If I had a Dis grumbled  veteran for a neighbor ,For this reason I never discuss my S.C. disabilitys to my Dis Grumbled VETERAN neighbor  or if I did have an ex  her either.

jmo

.............................Buck

It simply is non-of there business.

But even if this happen  the VA should throw it out the window, If this information is not coming direct from you  then its no ones business but you and the VA.

[Andyman73]

Something I didn't see mentioned here is the fact that the VA would be in violation of HPPA regulations for talking to her about anything remotely personal about you. Legally all the can do is ask her to verify the divorce, then again not really. Since you would have given them an official copy of the signed divorce decree to prove your new marital status and what compensation you may or may not owe her. 

It may be worth your money to have your lawyer draft a letter to her informing her of the legal ramifications she could face if she continues this line of action. 

She may not be aware that interfering with your disability compensation is against the law.

[63SIERRA]

hope she left Tejas!!!  haha,,, I wouldnt worry abt it AT ALL...

I do wonder though, why are you still in communication with your EX? 

Divorce should mean, done, finished, over, adios, fini, finel , adios, via condios, good riddance.

[inthesouthoftexas]

Thats a great point Andyman73, she claims she signed an affidavit to these "investigators" about my condition. So i wonder if that violates HPPA if that actually did take place? 

We're divorced but we have kids together, which means I have another 13 years of dealing with the devil.

[Andyman73]

Two things here, now, if she signed affidavits and discussed your medical info both parties would be in violation of HPPA  regulations. 

Not sure that you really want to go after the mother of your young children...however I'm sure there must be a way to get her to understand that some how getting your benefit reduced will conversely cause your child support not to go up, but down as well.

It's like she wants to look a gift horse in the mouth, you know what I mean?