Q15: I served in Vietnam in 65-66. I Attended Long Beach Vets hospital with skin issues and Heart to no avail. Today I am facing maybe my 3rd heart procedure of which the Vets affairs doctor rated 100% disability. 70% PTSD. I married in 1971 and have been married and known my wife for 47 years. Recently she has decided that she does not want to be married anymore and filed for Divorce. It will be final maybe next month or two. She has been awarded spousal support of $3,749.00 per month, which includes my Veterans Disability check of $3,415.00 per month. I am 74, she is 64 and we have no under aged children, only her and I in home for numerous years. I have always been told that a spouse cannot touch my disability compensation amount, however, local law says they can and count it as income. I am in need of my disability check to help with meds, living support items and all living conditions. I more than likely will be seeking a veterans home in near future and they are expensive. I will be 80 soon. I am of the understanding that Federal law says that, without children, that the veterans compensation disability amount is his ONLY. I feel for the veterans that has no limbs and a spouse can take part of his check or all of his check that he desperately needs. I understand that my wife is entitled to my entire work pension check and I will gladly share that with her, however, I need my VA disability check to sustain my living conditions until my death. Any help is greatly appreciated as I get conflicting answers to my rights to keep my entire disability check. Please help!
A1: I never heard of any Disability Money going to a ExWife Ever I don t think a judge can do that unless the Husband Agreeds to it I would check more on all the Laws. Good Luck. (DM) 12/11/16
A2: See a VA rep. At a Veterans Center near you, or your lawyer. Tell him/her your situation, and refer them to the Veterans Disability Protection Act of 2012. This Act prevents judges from awarding a spouse any part of or all your VA Disability Benefit. Your benefit cannot be considered as compensation, asset or wages, and it belongs to the Veteran only. The judge in your case should have already known this. The judge's mistake could cost him or her to be removed from the bench and disbarred. (RB) 12/11/16
A3: Read this, it will explain it. Relieve can only come from Congress. http://www.nclamp.gov/media/425633/l-va-disability.pdf (CMA) 12/11/16
A4: The only way a spouse could get a veterans disability check is if she is his payee and she is, you need to go to the VA and get someone to change your judicature/ fudicarety. Many older vets get taken by family. Sounds like you may need to contact your Congressman/women as well. Good Luck. (JL) 12/11/16
A5: The Uniformed Services Former Spouses Protection Act, found at 10 U.S.C.1408 exempts VA disability payments from division upon divorce. It is not an asset which can be divided at divorce as marital or community property. (BK) 12/11/16
A6: I found a couple of answers for you. Here is one: Yes, but only if the individual who is receiving VA benefits has waived military retired pay to obtain the VA payments. This is set out in Title 42, U.S. Code, Section 659. You should be able to appeal this judge's decision, based on this information. Good luck! (MG) 12/11/16
A7: I am 81 years of age. My wife rec'd 1/2 of all of my income,and all of my retirement pay both from my 20 years of service and subsequent employment for 25 years, but she did not get my disability check. I do not know the law, and it might of been an oversight on her part, or she did not feel like she should get it.I wish I could be more help. (DR) 12/11/16