Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • homepage-banner-2024.png

  • donate-be-a-hero.png

  • 0

spouse

Rate this question

Arizona

Asked by Arizona,

 Share

Question

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

2 answers to this question

Recommended Posts

  • 0
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted (edited)

Sorry, we need more information.  Are you/your spouse disabled Vets?  The VA, as always is complicated on dependents and we are not sure if either of you claimed the children as dependents.  

 

If your spouse was a disabled Vet AND if the court has awarded child support, then you may request an "appropriation" (I hope I spelled that one right) of his benefits if he is receiving any.  

Other than child support, dependendts comp, Im unaware of any.  In fact, if he was a veteran, collecting on you as a dependent, then his comp would likely go down, but that may depend on the divorce decree, which may or may not state "who" claims the children as dependents for taxes.  If the children live with the Veteran, the Va is likely able to include the children in his disability check, provided that, the children were on the application.  

If your disabled Vet spouse was supporting you, and you moved out and are supporting yourself, his comp is likely to go down the amount he gets for his spouse.   And, the disabled Vet would need to report this to VA, because, if you said nothing and the Veteran kept getting an extra 200 per month for a spouse he is no longer married to, then he could "owe" VA a big bill if some time goes on and he still gets that extra 200.  Ditto for children.  

Find the Veterans disability rating and dependent pay, here:

https://www.va.gov/disability/compensation-rates/veteran-rates/

If you no longer live with a disabled Vet as the spouse, and you feel like you should now get your share of dependents comp, you can file for that here:

https://www.va.gov/find-forms/about-form-21-0788/

Edited by broncovet
Link to comment
Share on other sites
  • 0
  • Moderator
pacmanx1 Grand Master

pacmanx1

Posted
  • Moderator
Posted
5 hours ago, Arizona said:

My spouse has filed for divorce. We were married several years, but only one while he was still active in the military. Are there any benefits I'm entitled to collect as a former spouse?

Sorry, that you are going through a divorce. I think it would be safe to say the best advice would be to hire your own lawyer. Based on the limited information you posted, I would say not likely. As Bronco stated, having a minor child/children that is the veteran’s may or may not change anything. A veteran can legally collect whatever amount he/she gets for dependents until the final decree is made, then the veteran must report the change to the VA.

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • One Month Later
      RICHKAY
      RICHKAY earned a badge
      One Month Later
    • Great Content
      pacmanx1
      pacmanx1 earned a badge
      Great Content
    • First Post
      czqiang1079
      czqiang1079 earned a badge
      First Post
    • Week One Done
      Vicdamon12
      Vicdamon12 earned a badge
      Week One Done
    • One Year In
      Panther8151
      Panther8151 earned a badge
      One Year In

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept