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Do I report a divorce to the VA?

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Yes, you need to do this sooner, rather then later, send in a copy of your divorce decree, along with a VAF 21-4138 asking her to be removed from the award. as always anytime you send something to the VA, send it certified.  These types of claims are not a high priority, so just make sure and be prepared for a recoupment letter and a letter from the Debt Management Center (DMC).  Do the math and figure out what the difference is in pay with and without spouse, I would put this much back as they will ask for the difference.

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Yes, I agree.  If you dont report the divorce, you will continue to get paid as a married person...for  a while, and then VA will want to recover this money all at once...and that will be painful.  Its much smarter to report it.   

In my case I reported it and VA did "nothing" for almost 2 years.  

However, since I reported it, and, I submitted a request for waiver, I wound up not having to pay for VA's mistake of sending the money anyway.  I told them..they failed to fix it and that is not my fault.  If I had not properly reported it, then I would have owed VA about 6000.  Dont even think about not reporting it.  

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Excellent posts- VSRs HATE dependency and will play endless games.

First, they sometimes require ' Magic Words' to get someone taken off the award-

Is the child biological or a step child?

When did the child actually move out?

are you still supporting the child?

How much total support does the child require?

What are you paying toward support of the child?

This may be in your records, but it'll get 'missed' because they don't want to do it- Sending a letter is safer.

Of course, if you're one day off on the child's birthday, they'll notice that.

I knew an authorizer that literally denied *every single* dependency claim. She could find something, or say she 'accidentally' denied it.

You got 'points' for denials.

In short:

How to notify

Keeping a ex stepchild on you still support

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Unfortunately for veterans, adding or removing dependents are not a priority for the VA, although they should be because this again hurts their bottom line whether adding or removing.  Here is the dirty little secret about dependency, these type of claims are not on Managements "Dashboard", meaning no one is watching how long it takes to process these types of claims, or the processing time to complete such a claim.  Since management is not being held accountable for these so called end products, they are hidden away and take a back seat. So, if you wonder why you cannot get dependents added or removed this is why, wrong ?  Absolutely wrong to do this to veterans. Last, not all, but there are some who take the approach Mike Hunt mentioned, find a reason to send it back, so it is removed from her or his list, next time it makes it back, more than likely goes to another person, kicking the can down the road.

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Your X is/was getting CHAMPVA, correct? Is there Court ordered alimony, child support and medical coverage for both X & Kid? Did the Judge address your VA Comp in the Divorce Decree?

Have you removed her as your POA & "next of kin" from all your VA & personal financial and medical providers? You certainly don't want anyone accusing you of Fraud by Omission.

I'm not aware of any actual penalties for failure to promptly notify the VA of a Vet's Divorce. You probably should expect a "Claw Back" of all VA Comp overpayments, back to the date your divorce became final.

Semper Fi

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