VA didnt pay me my spouse allowance in my compensation in VA Disability Claims (General) Forum

0 Points

VA didnt pay me my spouse allowance in my compensation

Author	Comment
Pauley70	VA didnt pay me my spouse allowance in my compensation		Lead	[-]
Posts: 6 Jan 14 12 12:18 PM	Tags : None Hey all, I am a verteran rated @ 40% service connected VA compensation. I filed my claim back in 1998 and just today i realized that the VA has only been paying me for Vet + 3 children in my compensation when we married in 2001. I sent them my marriage cert to them to change to my married name in 2001 as well. I learned this when my husband was in RETAP class last week.... he is retiring in AUG 2012 YAY. He was sitting thru the DAV/VA lecture on benefits when they showed the power point of the compensation plan. He noticed that the numbers didnt add up to what we were recieving monthly. I called the VA and they confirmed that i was only getting Vet + 3children and they helped me submit a claim. They have shorted me approx $84 per month for 124 months....equals approx $10,000 in which im entitled to. Does anyone havve knowledge of this situation.....will i recieve retro back pay? Afterall, i am entitled this money by congress! Thanks....AE2 USN (AW/SW/AC)
Interact My Recent Posts	Reply Quote
chicagobob25726		#1	[url]	[-]
Posts: 3098 Jan 14 12 12:36 PM	You have to keep on top of this kind of thing...Talk to a VSO.. "The NAVY CHIEF IS ALWAYS RIGHT" CPO "INITIATED AND PROUD" 100% I.U/P&T/Combined 80% 70% G.A.D/MAJOR DEPRESSION 30% Headaches 10% Back 10% Knee
Interact My Recent Posts	Reply Quote
ASSASSYN		#2	[url]	[-]
Posts: 558 Jan 14 12 1:33 PM	You should get back pay if the VA was negligent. You may have to prove you applied for it back in 2001. Left knee grade 4 arthritis -30% Right knee Chondromalacia patella -10% Left knee instability -10% Narcissistic Personality Disorder. -30% Tinnitus - 10% Bilateral pes planus -10% Common etiology lower extremities. -------------------------70% 100% IU/ permanent & total pending appeal SSDI ------------------ Cluster bombing from B-52s is very, very accurate. The bombs always hit the ground. - US Air Force M
Interact My Recent Posts	Reply Quote
Pauley70		#3	[url]	[-]
Posts: 6 Jan 14 12 2:25 PM	I know for a fact they had to know i was married since i had my name changed to my married name. One would "assume" if a 40% disablied vet sends in a marriage cert, that means they should start recieving Vet+spouse+3children....my bad for not breathing down their backs which is apparently needed. Lets hope. Was wondering if anyone personally experienced this problem and got paided back pay. 2nd, ASSASSYN please forgive me for asking.....my husband is fighting the VA right now on a Right Knee where they only wanna rate him 10% for the knee when hes had 3 ACL reconstructions. Its been 9 months since his last surgery and still has popping in hes knee but was found fit-for-duty to retire. What was the guidelines for "Left knee grade 4 arthritis" and was what Knee surgery related? I feel after 3 surgeries and about 6 screws in my knee....10% sounds unjust!
Interact My Recent Posts	Reply Quote
Pauley70		#4	[url]	[-]
Posts: 6 Jan 14 12 2:27 PM	lol in fact, i dont really wanna go into his full medical history, but he has had 1-L knee ACL and scope with a medial Menicus repair, and 3- with same proceedure on the R knee. 10% sounds disrespectfully to a VET.
Interact My Recent Posts	Reply Quote
ohYew812		#5	[url]	[-]
Posts: 1055 Jan 14 12 2:33 PM	If I remember correctly, you will only get back pay for a year. You have to file for your dependant rate and provide the VA with their birth certs, and past marriage and divorce history. You can get the form on ebenfits.
Interact My Recent Posts	Reply Quote
shelley7		#6	[url]	[-]
Posts: 707 Jan 14 12 3:35 PM	most knees are 10 or 20%. It is based on range of motion, instability etc. You can have a 100 surgeries but if it fixes the problem and you can walk then you should not get more than a 10 or 20 percent. Popping noise is not unusual in a knee. Please post his range of motion and c&p findings, but 10 percent is the norm for knees. "10% sounds disrespectfully to a VET." I don't know what you are talking about but it has nothing to do with respect but everything to do with function.
Interact My Recent Posts	Reply Quote
ohYew812		#7	[url]	[-]
Posts: 1055 Jan 14 12 3:40 PM	Unless he gets a knee replacement. Then it's 100% for 13 months after, then the minimum is 30% after that.
Interact My Recent Posts	Reply Quote
2trill4925		#8	[url]	[-]
Posts: 661 Jan 14 12 3:46 PM	shelley7 wrote: most knees are 10 or 20%. It is based on range of motion, instability etc. You can have a 100 surgeries but if it fixes the problem and you can walk then you should not get more than a 10 or 20 percent. Popping noise is not unusual in a knee. Please post his range of motion and c&p findings, but 10 percent is the norm for knees. "10% sounds disrespectfully to a VET." I don't know what you are talking about but it has nothing to do with respect but everything to do with function. I agree and to the O.P. I'll add that unless there is structural damage at a compensable level then 10% may be accurate.
Interact My Recent Posts	Reply Quote
broncovet		#9	[url]	[-]
Posts: 993 Jan 14 12 4:59 PM	Look at your RO decision. If you dont have a copy, order one. It should state how much money you get (how many dependents). If you didnt get what the decision says, then by all means send a 21-4138, along with proof of marriage citing the "original" date you sent it in. If the Ro decision says you will be paid for 3 dependents, no spouse, then it is your responsibility to change it and tell them you are married within a year of the decision. However, if the decision was factually wrong, by having the incorrect number of dependents you can still try to win that back pay with a CUE. Whether you are married or not is an error of fact which is not debatable, of course, assuming you have a marriage license. If your RO decision failed to list your spouse, but did list your children this pretty much sounds like a clerical error to me. I dont see how they could claim they did not receive marriage documentation if they paid you for dependents. If you have dependent children, and no spouse, they ask for a divorce decree.
Interact My Recent Posts	Reply Quote
GAG		#10	[url]	[-]
Posts: 225 Jan 14 12 11:27 PM	<< know for a fact they had to know i was married since i had my name changed to my married name. One would "assume" if a 40% disablied vet sends in a marriage cert, that means they should start recieving Vet+spouse+3children....my bad for not breathing down their backs which is apparently needed. Lets hope. Was wondering if anyone personally experienced this problem and got paided back pay. >> This is a case of an implied claim. You say "one would assume" or "they had to know" but you do not say you filed for spousal dependent. An informal claim, if this could be characterized as such, still would require a formal filing within a year. This is standard follow up. I assume you had a VSO for this and he"assumed"? You do not say one way or the other. Its not a garden variety error. Absent a formal claim, there can be no compensation paid. You can file now and will be granted one year retro. The other 112 months are lost without a timely filing. If you can prove you filed when you sent in the marriage certificate, you're a winner. A claim remains open if VA takes no action to resolve it. There is no time limit for intransigence. Assumptions are fatal with the VA. If you have the magic paper in the C-file, then you'll be remunerated. If not, then you will receive the one year treatment. That's the rules. It seems unfair, but consider this. If a Vet feels he had implied he had a claim for something in 2000) and had no proof, would you as a rater feel it was fair to others to just hand him one on a handshake? This is why VA has a formal procedure for this. It clears the air and everyone does it the same way. The evidence does point to a marriage-there's no doubt of that. A claim still has to be formally made to create the entitlement though. VA works on a paper record-not assumptions. I do hope you filed. This is unfortunate for you with your circumstances.
Interact My Recent Posts	Reply Quote
Cav1Sgt		#11	[url]	[-]
Posts: 4054 Jan 14 12 11:49 PM	As above you will have to demonstrate that the VA erred. You sent them the marriage certificate to "change your name", that doesn't add your husband as a spouse. Based on your description you told then to change your name. If this was not done via a 686, you haven't filed a claim to add your spouse. There is more to the procedure than submitting a marriage certificate. It may or may not go back a year as the request was made after one year of the event. Cav
Interact My Recent Posts	Reply Quote
doggo		#12	[url]	[-]
Posts: 152 Jan 15 12 1:10 AM	When I had my second child, I put off updating the VA on my dependents. (Insert excuses for father of infant here) When I finally got my act together he was almost 2 years old. The VA would only give me retro for him back ONE YEAR. So I missed out on $22 x 8 months. Side note: This thread highlights one of the reasons I use my County VSO to send/fax paperwork and keep a file for me. It's a third party with a date stamp that can SWEAR it was sent to the VA on time and intact.
Interact My Recent Posts	Reply Quote

Yuku free message boards

Link to VBN User Agreement. By Using VBN, You agree to ALL TERMS.

VA didnt pay me my spouse allowance in my compensation

VA didnt pay me my spouse allowance in my compensation

VBN User Agreement

About VBN