VA Benefits Updates: Divorced Vets Still Eligible?

Misinformation surrounding benefits updates for veterans is rampant, leading to confusion and potentially delayed or denied claims. How can veterans separate fact from fiction when navigating this complex system?

Myth: Once a Claim is Denied, That’s the End of the Road

The misconception is that a denied claim is a closed case. Many veterans believe that if the Department of Veterans Affairs (VA) initially denies their claim for benefits updates, there’s nothing left to do. They feel defeated and give up, assuming the decision is final.

This couldn’t be further from the truth. The VA has a duty to assist veterans in developing their claims, even after an initial denial. This means they are required to help you gather evidence, obtain medical records, and schedule examinations. Don’t just accept a denial. Explore your appeal options! The VA outlines the appeals process on their website. A recent case I handled involved a veteran in Marietta whose initial claim for increased disability due to PTSD was denied. We filed a Notice of Disagreement, and the VA then scheduled another Compensation & Pension (C&P) exam. This time, the examiner understood the severity of his symptoms, leading to a significantly higher rating and substantial back pay.

Myth: Divorced Spouses Can Never Receive Benefits

A common misconception is that if a veteran is divorced, their former spouse is automatically ineligible for any VA benefits, particularly Dependency and Indemnity Compensation (DIC).

This is incorrect. A divorced spouse can be eligible for DIC under certain circumstances. Specifically, the marriage must have lasted at least one year, or a child must have been born of the marriage. Also, the divorced spouse must not be remarried. DIC provides a monthly benefit to eligible surviving spouses and dependent children of deceased veterans. I had a client last year whose husband, a Vietnam veteran, passed away from cancer. She was initially told she wasn’t eligible for DIC because they were divorced. However, their marriage had lasted over 20 years. After presenting the marriage certificate and death certificate, she was awarded DIC benefits. The specific regulations for DIC eligibility are outlined in 38 U.S. Code § 1318. You might also want to read more about how to get VA benefits faster.

Myth: You Can’t Increase a Disability Rating Once It’s Established

The myth is that once a disability rating is assigned, it’s set in stone. Many veterans believe that their initial rating is permanent, regardless of any worsening of their condition.

Absolutely false. Veterans can absolutely apply for an increase in their disability rating if their condition has worsened. It’s crucial to document any changes in your symptoms and seek updated medical evaluations. A higher rating can lead to increased monthly compensation. Here’s what nobody tells you: the VA uses a specific set of criteria called rating schedules to evaluate disabilities. Review these schedules (available on the VA website) to understand how your condition is rated and whether you meet the requirements for a higher evaluation. We recently assisted a veteran in Atlanta who had a 20% rating for tinnitus. Over time, the tinnitus became debilitating, affecting his sleep and concentration. We helped him gather medical evidence demonstrating the increased severity, and his rating was increased to 40%, resulting in a significant increase in his monthly benefits.

Myth: Appealing to the Board of Veterans’ Appeals (BVA) is Pointless

Many veterans believe that appealing a decision to the Board of Veterans’ Appeals (BVA) in Washington, D.C., is a waste of time and effort. They think the BVA is just another layer of bureaucracy that will inevitably deny their claim.

The BVA is actually a crucial avenue for appeal. It offers veterans the opportunity to present their case directly to a Veterans Law Judge. You can request a hearing either in Washington, D.C., or via video conference. While the BVA process can be lengthy, it provides a valuable opportunity to present new evidence and argue your case in person. I always advise veterans to consider appealing to the BVA if they believe their claim was wrongly denied. In fact, the BVA sometimes overturns decisions made at the regional office level. A
BVA decision can set precedent that impacts future cases, too.

Myth: You Need a Lawyer to File for Benefits Updates

The misconception here is that navigating the VA system and filing for benefits updates requires hiring an attorney. Many veterans believe they can’t possibly succeed without legal representation.

While having an attorney can be beneficial, it’s not always necessary. Veterans can certainly file claims and appeals on their own. The VA provides resources and assistance to help veterans navigate the process. However, if your case is complex or involves significant financial stakes, consulting with an accredited attorney may be a wise decision. An attorney can help you gather evidence, prepare legal arguments, and represent you at hearings. But don’t feel pressured to hire one immediately. Start by familiarizing yourself with the VA’s website and resources. You can also seek assistance from veteran service organizations like the American Legion or the Veterans of Foreign Wars (VFW). For more guidance, see our article on separating fact from fiction when it comes to veterans’ benefits. Also, keep in mind that policy changes can affect your benefits.

Don’t let misinformation prevent you from receiving the benefits updates you deserve. Understanding the facts and navigating the VA system effectively is crucial. Take control of your claim, gather your evidence, and don’t be afraid to appeal. Your service matters, and so does your well-being.