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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Nilda

Apportionment Payment To Child

Question

Posted (edited)

I am the surviving spouse of a Army soldier who was killed while on active duty while deployed to Afghanistan. I have a 7 year old daughter with him. I am receiving VA benefits from him. He had another child from a previous marriage. I just found out, because I was never informed, that the mother of that child  filled an apportionment to my benefits a week after he died and that was 6 years ago. The VA never even told me that this was being done and I found out when I received a letter of benefits and saw the amount on there was not even close to what I was receiving. I have been having hard situations and having to work like crazy to be able to survive and take care of my children on my own to find that this person is receiving part of my benefits and I never even received anything from the VA stating this. I just want to know what to do to be able to get that part back because I was never informed or was able to even prove that I need that money as well for my children. I know this is probably not important, but need to address that we always paid religiously child support for the child and we were never even allowed to see  him because his mother didn’t want to. My husband died and wasn’t even able to see him before he deployed. This child call another man dad because he didn’t even know my husband. She was ready to collect money right away when he died. She is getting SS for him, DIC and SBP and part of my benefits as well. I just need someone to put me in the right direction. 

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Yes, I think it will take an attorney to represent your interests.  The other party may well have an attorney also.  

Start your search here:

https://www.vetadvocates.org/cpages/sustaining-members-directory

I think the VA has a whole category of what they called "disputed claims".  

It usually involves family members who dispute who gets the Vets compensation.  Vets, too, sometimes fight family members who try to wrestle their benefits away, for whatever reasons.  

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