Military veterans with a service-connected disability rating of 10% or more are often eligible to receive VA disability compensation benefits. Veterans may be eligible to receive a higher compensation rate if they are rated at 30% or higher and have one or more dependents, including a spouse, child, or a parent in their care. Veterans with a service-connected disability rating of 20% or lower are not generally eligible for additional payments, except in limited circumstances.
How to Add or Remove a Dependent from your VA Disability Compensation Claim
The status of your dependents is recorded by the VA when they process your initial disability compensation claim, but they are not able to automatically make changes to your dependent’s status. It is up to you to notify the VA when something changes which affects the eligibility of your dependents – this can include both adding or removing one or more dependents from your VA disability compensation benefits. Some reasons for these changes in dependents status include a birth, adoption, or death, marriage or divorce, a child no longer being eligible due to age restrictions, marriage, or other restrictions, adding a parent to your claim, etc.
When these changes occur, you need to contact the VA with this information so they can update your file. Keep in mind this may either increase or decrease your compensation rate, and in some cases, the benefits will be back dated to the effective date. This can result in an overpayment in which the recipient has received more money than they were eligible for, or they could receive a higher one time payment to make up the shortfall. The sooner you notify the VA, the better. It’s also important to note that when adding a child due to a birth or adoption, you need to wait until you have their Social Security Number before filing your claim. So you may need to wait a couple months from the time of birth before you can add your new dependent.
Change Declaration of Status of Dependents for VA Compensation Benefits
There are two ways to change the status of your dependents:
- Paper via VA Form: VA Form 21-686c, Declaration of Status of Dependents, or VA Form 21-674, Request for Approval of School Attendance for dependents over age 18 and attending school, or VA Form 21-509 – Statement of Dependency of Parent(s), and
- Electronically via VONAPP or eBenefits.
1. Paper Forms:
- VA Form 21-686c, Declaration of Status of Dependents. VA Form 21-686c is a two page paper form, which according to the VA, should take approximately 15 minutes to fill out. The form is fairly straight forward, and requests the standard information, such as the veteran’s personal information and VA File number, marriage status, information regarding your unmarried children, including their name, SSN, age, schooling status, etc. Then you simply need to sign the form and mail it in to the VA center which handles your claim. You can download this form here: VA Form 21-686c (pdf).
- VA Form 21-674, Request for Approval of School Attendance. This form is used when your dependent child(ren) are over age 18, and are attending school. Child dependents are ineligible to be claimed past age 18 unless they are attending a qualified school, or they have special needs. You can download this form here: VA Form 21-674 (pdf).
- VA Form 21-509, Statement of Dependency of Parent(s). Use this form if you are a veteran with a service connected disability rating of 30% or higher and you support your parents. Eligible relations include a natural father or mother, a father or mother through adoption, and a foster father or mother (including stepparents who stood in the relationship of parent to the veteran). There are financial restrictions for parents to be eligible. You can download this form here: VA Form 21-509 (pdf).
2. VONAPP / eBenefits. The VA is making an effort to move more features and services online, which is faster and less costly in the long run. That is where Veterans On Line Applications (VONAPP) and eBenefits.va.gov websites come into play. Veterans are now able to use VONAPP or eBenefits to apply for VA compensation, pension, education, vocational rehabilitation and employment, burial benefits, and more. Veterans can also use this online tool to update the status of their dependents, file claims for increases in service-connected disabilities, add disabilities, and more.
Note: the VONAPP option does not appear to be included as of April, 2016. However, the eBenefits website is available.
Questions about submitting online forms:
- Should I file a paper form and via eBenefits / VONAPP? No – choose one or the other. The electronic form may be processed more quickly, provided all the information is complete. Otherwise, there is no difference between the forms, and submitting multiple claims can delay the process.
- How do I sign it? Some forms require veterans to certify the information they entered is accurate – this serves as your signature. VA Form 21-686c is included in this list of forms which can be “electronically” signed.
- How do I follow up with my claim? The VA automatically sends an e-mail when they receive your claim, and another when your claim is downloaded and the claim is being processed. The information includes your name, date of submission, and which regional VA office received your form (including their contact information). You should contact the regional VA center which is processing your claim for more information or updates on the status of your claim.
- More VONAPP Claims FAQs.
- More eBenefits FAQs.
Find more information at the VONAPP Home Page.
Want to learn more about filing your claim online? Check out our tutorials on how to create a VONAPP account and how to file a claim with VONAPP.
I can’t stress enough how important it is to file these changes as soon as they occur. The last thing you want to happen is to receive an overpayment to your VA compensation benefits for several months, only to have the money deducted from future payments.
Rob Shibley says
Todd. Are you telling me that you didn’t notice that your benefits never got reduced? You could’ve checked your dependents in ebenefits at any time.
The most likely scenario is that you were getting overpaid and just “let it roll”.
Don’t take Uncle Sam’s money, he’ll find out and take it back. I hope this can be a lesson to others.
Romero Martinez says
My thoughts exactly!! He knew how much money he was supposed to receive!! Every month he forgot!! Lol!! Sure pal!!
Frank McQuiggan says
Ryan,
I was just recently contacted by the VA saying I needed to verify my dependents status. I am retired with a 30% disability and was married when the initial claim was submitted. Since then I have been divorced and remarried, divorced and remarried again. In between the first and second wives a total of 20 days elapsed, between wife number 2 and 3 a little over 5 months elapsed. Now the VA is telling me that I was overpaid from the time I divorced the first wife and the time I married the third wife. This leaves the entire time I was married to number 2 unaccounted for. This over payment is in the thousands, which was waived from my retirement account. What can i do since the VA says this is my fault the names changed, actually marital remained the same I was married legally except for 5 months, but they are claiming 8 years.
Ryan Guina says
Hello Frank, I’m sorry to hear about this situation. The VA requires members to report all changes in the status of their dependents at the time of the change. You may be able to file a request to have the VA wave the 8 years and only charge you an overpayment for the 5 months. I’m not exactly certain how that waiver request works, other than sending in the form the VA sends in the mail when they arrive at a decision. It may be worth your time to hire a legal professional that specializes in Veterans Benefits or military topics. I wish you the best, and thank you for your service!
Dianna A says
Did they ever ask for proof of divorce?
Giacinia Huertas says
If divorced from a veteran who is getting 30% of Veterans Disability, do the three children whom are his biological children get compensated? If so what would need to be filed out so those children can get what is legally there’s?
Ryan Guina says
Hello Giacinia, The disability compensation is awarded to the veteran, not the family member(s). It is intended for the veteran to use the additional money to support the family members, but it is not awarded directly to the family members. So the money does not legally belong to the children, it legally belongs to the veteran.
That said, the veteran must continue to legally support the children or continue to have a great enough percentage of legal custody to continue receiving benefits for these children on his VA disability claim. If the veteran no longer supports the children or does not have custody, then they should no longer be legally allowed to claim the children as dependents on their disability claim. I do not have the specific details regarding custody or percentage of support – the VA doesn’t make this easy to find on their website.
I recommend speaking with the veteran to discuss this topic. If that is not possible due to the of the divorce, then I recommend running it through your lawyer and resolving the issue through legal means. I hope this is helpful in understanding how the benefit works.
Carla says
Hi Giacinia Huertas,
I was looking for some information on this website to find out some answers to a couple of questions I had, and I saw your post. I’m not sure if you ever got your situation resolved but I think you were given incomplete information.
Your ex-spouse’s compensation cannot be taken for child support, but because he does get paid for his biological children it is considered support. That being said, if he is not paying your child support or using the money to help support your children while he is getting money to do so you can apply for an “Apportionment” which can be paid directly to your children as they are the veteran’s biological children.
I am a Veteran who was married to a Veteran who was not supporting our biological children. So I felt it was unfair for him to receive money that he was given to assist with the children but failed to do so. I filed an Apportionment and submitted all the required documentation requested and a portion of my ex-spouse’s compensation was assigned to my two children who receive a check for a portion of the amount he receives for them monthly. I personally do not think it should be a portion, but it is better than nothing.
He is 100% disabled and gets paid $88 per month for them and my children get $50 each per month which is barely enough for movie money. However, it is for them so I’ll be filing another case with my attorney because he still does not pay, which is just sad. But you do have rights if the children are with you and there are a lot of people who are in our shoes who don’t know about filing an apportionment when monies are not being used the right way for dependents.
He is entitled to his compensation but so are his dependents and that is what the money is given to the Veteran for, so there is help when the children are unfortunately left behind. I won’t tell you it did not take a while because it did. It took years. But the back pay was worth it and allowing my children to take a portion of that money to buy something they have always wanted was worth the wait. It is used for a portion of their monthly allowance but it’s something that helps them feel like they are getting something from their bio dad who promises them things and does not follow through and who’s still not helping with their financial needs.
I hope this helps you or someone else. I am grateful for the young lady who shared this knowledge with me so I just wanted to pay it forward and diffuse the myth of some Veterans who may not be showing up for their children for one reason or another. I’m both a Veteran and a mother so right is right. We should always support our children especially if we are receiving money for them. No excuse.
“Apportionment is the act of assigning a portion of a veteran’s disability compensation benefit to someone other than the veteran, such as a spouse, child or dependent parent. In the event of an apportionment, the VA will take a certain amount of your VA compensation and allocate it to the person it is being apportioned to.”
Joy says
how to remove a child from chapter 35 benefits who is abusing the money. she is paying for everything except school. my husband has considered deleting her from deers. she has no chances of doing right to the point that people are being paid a small percentage to do her work for school. can he remove her from deers and chapter 35 he is 100 percent disabled. please help us
Ryan Guina says
Hello Joy, Thank you for contacting me. This is outside my area of expertise. I recommend contacting the VA or a Veterans Service Organization to help you with this. They should be able to give you more information on your options. I wish you all the best.
Candice J says
Clearly this is not your daughter. Would you be trying to remove your husband’s child from her Dad’s benefits if she was also YOURS?? smh
Steven Stembridge says
I would!!! Once ur an “adult” making adult messes, calls for cleaning-up (behind urself). Even ur OWN CHILD!
Rebecca says
I am on 50% disability VA compensation, and my son was removed by VA has a dependent when he turned 18 back in September. I found out that he can be added back on because he is still in high school. When all is said and done, will we get a kickback from when he was taken off or be just as it was before he was removed?
Ryan Guina says
Hello Rebecca, I am unsure if the compensation will be backdated. You will need to contact the VA for verification. You will also need to update your claim each year if your son continues his education and attends college. I wish you the best, and thank you for your service!
Steve Smith says
Hi Rebecca,
Not sure if you resolved this problem yet but I had a similar situation with my daughter when she finished her 4 years of college. I can’t remember the exact dates, I believe it was the month of May but when she first started college we put on the VA form that she would be graduating 4 years from that date she started. When May approached on her 4th year VA stopped the extra dependent money that was coming in my VA check because this is the date we told them that she would graduate. After I called the VA and told them that my daughter had extended her education and was still in college they had me fill out another form to show that she was still enrolled. After they verified it they did start the benefit again and they back paid me also.
Wish you success with this!
Ann Bailey says
Hello,
I found out that my sibling was carrying our mother as his dependent on his VA benefits. He does not take care of her and never has, he was giving her money, but stopped giving it to her 2 years ago. Should he be carrying her as a dependent if he is not taking care of her?
Thanks
Ann
Kalina says
My parents are constantly threatening to take away the benefits that have been given to me. I am wondering if they are able to take it away since they already signed the documents or if they gave up the right to take it away when they signed the document in the first place?
Ryan Guina says
Hello Kalina, Thank you for contacting me. I’m not sure which benefits you are referring to. The only benefit I am aware of that transfers is the Post-9/11 GI Bill. If that is the benefit you are referring to, then yes, the benefit can be moved between beneficiaries at any time. The benefit belongs to the military member, and he or she has the ability to change the beneficiary at his or her discretion. If you are not referring to the Post-9/11 GI Bill then I’m not sure the answer to your question without additional information. I wish you the best.
John says
Ryan I am 100% disabled, I retired in 2014 and I’ve been receiving 100 % Disability Compensation and Pension for the past 3 years. When I began getting paid they got my wife’s name wrong and she’s listed under my dependents on eBenefits as “dependents not on award”. I called the VA about this and they said that her name is correct according to their records but to date I’m still not receiving additional benefit payments for my wife. How can I get her added to my award? What is the easiest way? Would I actually be able to receive back pay for her going back for the past 3 years? It actually was their error not mine. What is the easiest way to get that corrected? When I originally filed my claim I submitted our marriage certificate and all required documents.
Ryan Guina says
Hello John, Thank you for contacting me. The VA will normally award back pay when they are responsible for a clerical error, so it sounds like you may have a good case for being awarded back pay. As for getting pay initiated in the first place, I would call the VA customer service line and ask a representative to open a customer support ticket for you. Try to get some form of information verifying the case has been opened, such as a support ticket or confirmation number, or the VA customer service employee’s name and email address or some other way of contacting them.
If that doesn’t work, then you can try contacting a Veterans Service Organization such as the DAV, AMVETS, VFW, or similar organization to see if they have any benefits counselors who can assist you.
nicole says
My soon to be ex husband retired from the military of 20 years the end of 2013. We have been married over 16 years at the time I separated from the martial home the end of 2014. We been living apart for over three years and I filed for divorce the end of last year. I know he has been received money on my behalf since he retired. He now has a live in girlfriend, but I have not received any money for support since our separation. What can I do? Am I entitled to receive monetary ? We will be legally married for 20 years this year. Please help
Ryan Guina says
Hello Nicole, Thank you for your comment. This is a topic you should take up with a lawyer that specializes in military divorce. It is very likely you would be eligible for a percentage of your husband’s pension, though the VA disability compensation is normally protected by law. That said, I am not a lawyer, and I cannot go into the details because each state has different divorce rules. You would be best to hire a lawyer as soon as possible. I wish you and your family the best.
Maggie says
I am a retired vet with 70% disability and I have a son who is getting ready to graduate college with a bachelors degree this spring. He plans to take a year off school before he returns for his doctrine. I currently receive benefits for him because he is still in school, and I do realize that once he graduates I will have to notify the VA and get him removed as a dependent. My question is, when he returns to school in 2019, can I get him added back on as a dependent, since we will still be supporting him? Thank you.
Ryan Guina says
Hello Maggie, The cut off is age 23. So he would qualify if he was still age 23 of younger. I wish you the best, and thank you for your service!
Julian says
Hi! I’m a Veteran with 60% disability and I got divorced and remarried . I know taking my ex off will drop it but adding my new wife will it go back to where it was. so basically would it just Change their names.
jet says
am I allowed to add my fiance’ as dependent and my step kids? I’m 70% and I’m barely finding out about adding dependent. ive been divorced and scared to re marry after my ex took everything including my compensation I get. ive been engaged with my partner for 5 years
Ryan Guina says
Hello Jet, Thank you for your question. the VA only allows members to claim a dependent if they are a legal dependent, including spouse or children who are legal dependents. The VA can provide more information regarding which dependents are eligible and which forms or certificates (such as marriage certificate, adoption certificate, etc.) are needed to be able to add the dependents to your claim. I wish you the best, and thank you for your service!
Jennifer Baldwin says
I know a woman that brags about how she and her husband scammed the VA. The woman has children with another man who does not receive benefits so she married a USMC who put her children on his benefits. The woman left the man for another man while still collecting caregiver pay and her children (not his) receive school benefits while. Can i report the for fraud? The USMC stopped her caregiver pay when he discovered her new boyfriend and he doesn’t feel he should be responsible for her kids education when they aren’t his kids. Would he be responsible for the money that has been issued monthly? They haven’t been together in over 6 years before the kids went to college.
Ryan Guina says
Hello Jennifer, Thank you for contacting me. This is outside the scope of my knowledge. I’m sure there is a way to report this with the VA, but I am not certain of the process. I would call the VA helpline and ask how to report fraud. They should be able to route you to the correct office or provide the number.
As for the Marine, I can’t say how he would fare. The VA would most likely do an investigation and determine results from there.
I wish you the best.
Lance says
My bootcamp will be in 6 months, and my wife (for almost 3 years)and i just filed a divorce after a year of separation. Will it affect my shipment date? Do i need to tell VA about it even it has not been finalized yet?
Ryan Guina says
Hello Lance, I’m sorry for this situation, and I hope everything is resolved smoothly. I don’t know if this will impact your shipment date. I suggest working with your lawyer to try and smooth things along and have everything finalized before your shipment date. If all the legal issues are resolved before your ship out date, it shouldn’t impact your ability to leave on time.
But I would work with your recruiter if things won’t be resolved by then. You may not be able to ship out if you have pending legal actions.
As for the VA – I do not believe you need to coordinate with them before anything has been legally finalized. You should contact them once you have everything finalized. That said, you can contact the VA to verify this, or find out exactly what you need to do to avoid any complications.
I wish you the best with this situation and the best with your military career.
Erik says
I added my wife and her daughter and they gave my like $7 to my disability now that I got my divorce and took both of them off there taking $50 each how is that I was making less then before I added them.
Denise says
Question: Referencing the VA form 21-686C 14 (H) which shows a dependent child is seriously disabled. If the veteran fails to document and show that the said child is disabled, how does this affect the amount/or part of the award? Short story; My son is disabled, Autistic/nonverbal, he receives SSI monthly. His father was just awarded 100% disability and he put my son down on this form, but did NOT complete 14 (H). My son is now losing $110.00 monthly of SSI because his father listed him on just 15 A-C. Is this correct? I was never married to him, he does not have visitation, nor has he seen his child in 8 yrs? This seems so unfair to the child. Any help would be VERY much appreciated.
Ryan Guina says
Hello Denise, Thank you for your question. I am not an expert in this situation, so you may wish to consult with someone who has more experience with this. That said, if your son’s father does not have visitation rights, he may or may not be legally allowed to claim him on the VA disability compensation form. I encourage you to research this by contacting the VA to determine who is legally allowed to claim your son. You will also need to contact the Social Security Administration and explain the situation to them. If you run into road blocks, you may need to hire a lawyer or legal representative to help you straighten this out. I wish you and your family the best.
Joan says
I am a Vet Separated from my Vet Spouse. We live apart but in the same city. We have joint custody of our son. When adding Spouse and son on eBenefits, the online form asked how much I pay in support to my Spouse. He makes over 2 times as much as I do so I listed 0.00. I pay 1/2 of son’s expenses. Can we both claim him for VA as a Dependent? Can I list Spouse also because we are not Divorced?
Ryan Guina says
Joan, if you pay 1/2 of your son’s expenses, then you need to claim that, regardless of how much you in on comparison to your spouse. You should also claim your spouse and your child for as long as they qualify as dependents. The answer is yes, you can both claim your son as a dependent, so long as you are both providing for him and your disability rating is at least 30%. You should claim your spouse until you are officially divorced, at which time you should notify the VA in writing. I wish you the best, and thank you for your service!
Gary says
When getting divorced once it is complete do I just need to fill out a dependents up date form amd submit it to get my spouse removed to keep my records perfectly updated?
This questiom has been asked om this board but no one replied to it.
So what paperwork is needed?
Also, I have a daughter that will be a Senior in High School mext year, she is taking her 2 remaining courses and 4 Colleges courses also, will she qualify for the Educational benefits as my son did, BUT my son graduated HS already before he went to College & got this benefit.
Gary
Ryan Guina says
Hello Gary, Thank you for contacting me. I have never removed a dependent from the form; I have only added dependents.
But I believe you simply update the form with the correct information, including the status of your previous marriage and divorce date. The VA should be able to update their information based on the new form. Alternatively, you can submit the form via eBenefits, which may be processed more quickly.
Regarding a dependent attending school: You will need to verify your child’s attendance once they reach age 18. It is not required before they reach age 18/ Once they are age 18, you will submit a copy of VA Form 21-674, Request for Approval of School Attendance.
You can also confer with the VA if you run into any issues with these forms. They will be able to walk you through the exact process if you have questions or concerns.
I wish you the best, and thank you for your service!
Erica Dantzler says
My husband receives HUD VASH. he up and left the kids and I over 2months ago. With that being said, being his spouse and what he has done as far as abandoning the kids and I, can the HUD VASH be relinquished to me? Also, he receives VA disability. He is at 90%. Am I entitled to any apportionment from his reward? Please help me in regards to this matter. I’m trying to get answers and I can’t get them
Ryan Guina says
Hello Erica, Thank you for contacting me, and I’m sorry to hear about this situation.
Your questions are outside my area of expertise. I’m not sure how the HUD VASH is administered, other than it is available to certain veterans with a service-connected disability rating. VA disability is awarded directly to the veteran. The additional amount received by the veteran for dependents is awarded to the veteran, not to the dependents themselves. The VA will continue to award the higher rate until something changes with the dependent status. This would require the veteran to remove the dependents from the claim, or the dependents are no longer eligible to be claimed as dependents.
You can contact the VA, but due to privacy laws, I’m not sure how much they will be able to offer over the phone without the veteran’s permission. You would beed to contact the VA for more information.
Another alternative is to contact a Veterans Service Organization to see if they have more specific advice. Some recommended organizations include the DAV, AMVETS, VFW, American Legion, and similar organizations.
I wish you and your family the best.
Lyndsey says
I’m trying to be proactive. My son will turn 18 in Oct. I can’t find where I would submit the 21-674 form to update he will still be in high school when he turns 18 and then immediately following will be attending college. Do I have to wait until he actually turns 18 to have an option on the ebenfits page to fill the form out? I have the pdf form I can mail in, but I am not seeing where to fill out the same form through ebenefits so it is processed faster versus having to mail a paper form into VA. Assistance would be greatly appreciated.
Jeremy says
I have what I hope is a simple question, first a quick backstory.
While stationed in Korea 1 1/2 years ago I discovered DOD FMR Vol 7A, specifically a single paragraph in chapter 26. The basics, once divorced, even if you have 50% custody of your children but not placement (that word being key), DFAS does not consider them as dependents. With that being said, in DFAS’s eyes I should have been receiving the W/OUT rate for the previous 3 years. Thankfully I read some more and found out I wouldn’t have to pay back $18,000 due to my child support and other financial obligations stated in the divorce decree.
Now to the quick question. Is VA the same? Even though I have 50% custody, and in reality support them more than that 50%, will VA not consider them dependents since they are not “placed” with me. Thanks for any input you have, and thanks for the website.
Jeremy says
UPDATE: per Ryan’s reply I did some digging on the VA website. Basically, if you support your children in any way it entitles you to claim them as a dependent. The catch is that you must know there whereabouts. Thanks again Ryan.
Jeremy
Rickie says
I have a dependent update problem/question. I am receiving a 30 percent disability rating. I was married until 2013 and got divorced. I didn’t up date my dependent information with the VA. I was remarried in 2014 and we had a son in 2015. This year the VA sent an update dependent information form which I returned with my new dependents. I received a new rating but at the same time an overpayment letter. I disputed the debt and explained the error of not updating my dependent information. I sent my divorce decree, marriage license, and my son’s birth certificate. The response I received was that the overpayment and the debt is valid. I understand the year gap when I didn’t have a spouse. Everything after that I should have been receiving a different rate with my wife AND son from 2015 to 2018. I didn’t expect any retroactive pay for my lack of keeping things current, but I don’t understand how is that considered an overpayment when my dependent dates were verified as far as the old rate I was receiving.
Ryan Guina says
Rickie, I recommend contacting a Veterans Service Organization such as the DAV, AMVETS, American Legion, etc. They have trained benefits counselors who can assist you with this situation. If it cannot be resolved, they can at least give you an individualized response based on your specific claim. I wish you the best, and thank you for your service!
Jamie Littlefield says
My question is in regards to being remarried while receiving VA disability payments. I was remarried about four years ago, before my remarriage I was single and unmarried for a period of about a year a a half. When I update my dependent profile and add my new wife will I also be credited for the time I have been married to my new spouse or will they take away the credit for my wife all the way back to the date of my divorce? It makes sense I would owe the money back for the period of time when I was not married after my divorce but I would like to know if I will receive credit for the months after I was remarried to my new wife. I have received conflicting information in regards to this.
Daniel Triana says
Im a veteran and father, never married. I do have 50percent custody but my childs mother claims the child on her w2 and wanting to keep things civil i say ok.
My question is may i still claim my child as a dependent even though her mother claims her on her irs w2?
Ryan Guina says
Hello Daniel, Thank you for contacting me. My understanding is the VA requires the veteran to provide for the child in order to claim them as a dependent. I believe you will be able to, but I do cannot answer with 100% certainty. I recommend contacting the VA customer service line for a specific answer. I wish you the best, and thank you for your service!
Ryan says
I am a veteran rated 100 % permanent and total service connected. I have bad PTSD comorbid with Major Depressive Disorder and a bunch of other things. But 100% for the PTSD / MDD. My wife and I cannot live together right now because of the symptoms of my mental illnesses. So we are thinking of legally separating. My question is (in our state legally separated is still married but living apart): If we legally separate will my wife still be able to keep her ChampVA insurance, Chapter 35 award, and other VA benefits awarded because of my disabilities? Will she still be eligible for DIC when I die (from another Service Connected Disability) ? The VA seems inconsistent to me. ChampVA says only “divorce or annulment” will make a spouse ineligible for ChampVA medical. Yet at least one of the supplemental companies says “legal separation is a bar to supplemental insurance”. Could you please shed some light. Code of Federal Regs. Ch 38 says that if couple does not live together or is legally separated but the sponsored spouse is not at fault (as is the case with me and my wife) the separation will not interrupt the “continued cohabitation” requirements which attach to some benefits such as DIC; but there is no mention of the Ch 35 definition of “spouse” ? Thanks
Ryan Guina says
Hello Ryan, Thank you for your question. This is outside my level of expertise. I would try to get a statement from the VA in writing so you have something to go back to. Barring that, I would work with a veterans benefits counselor at a Veterans Service Organization such as the DAV, AMVETS, American Legion, VFW, etc. They have trained counselors that frequently offer free benefits claims assistance. They will have more experience and should be able to help you find the specific reg that covers this situation.
I’m sorry I don’t have a better answer, but I would hate to give incorrect or incomplete information. I wish you the best of health, and wish the best for you and your family.
Mane Griffith says
Hi! My husband got divorced since 2003 but he find it out just last year of december. The thing is he wasnt home when the divorced decree was sent to their home so his ex wife hide the truth from him for 16yrs. I am a filipina and we just got married this year. He wanted to remove his ex wife from his VA so he can add me.. Does my husband have to repay the VA?
Ryan Guina says
Hello Mane, Your husband’s situation is complex because he was not aware of the divorce. He will need to contact the VA for more information. I wish you and your husband the best.
HC says
I recently got married and added my husband as a dependent on eBenefits (I have a 40% rating.) Apparently my dependent application was denied, as he is now shown as a dependent not on an award. The claim states that the decision letter was sent a week ago, but we have not received it yet. What could be a possible reason for a dependent not to be added to an award?
Ryan Guina says
Hello HC, Thank you for contacting me. Unfortunately, I don’t have an answer here. You will need to contact the VA for specific information. I wish you the best, and thank you for your service!
Ronald says
I’m am a 90% service connected and due to my mental state I didn’t change dependents when I got divorced in 2004 depression caused my life and the divorce to throw me into deeper depression I remarried in 2010 I just now received notice about the removal of my first wife i am just now sending that info 1 was only 30 % when I got divorced will I be able to make restitution for the overpayments I wasn’t trying to defraud without losing my benefits.
Ryan Guina says
Hello Ronald, Thank you for your question. I am not able to answer this question – this is something that only the VA can answer fully.
You could also try contacting a veterans benefits counselor with a Veterans Service Organization. They often have counselors who offer free, individualized claims assistance. They may be able to offer you some personalized advice based on your situation.
I wish you the best, and thank you for your service!
Jay says
I retired nov 1, 2016. I’m 100% va disabled. My spouse left march 2018 ( 6 months ago) and filed for divorce over a month ago. She is stalling on proceeding with the divorce. She moved out of state and I have no way of communicating with her besides email. She is going by her maiden name and presents herself as single. Is she entitled to Chapter 35 if we are pending a divorce and separated for 6 months?
Drew says
I am currently receiving 30% disability from the VA. I am currently separated from my wife, but we are still married. Will being separated affect my compensation? And should I advise the VA that we are separated, but still married. I really want to make sure I’m doing the right thing here.
Janine says
Drew,
Yes, advise the VA that you and your wife are separated before she informed that you are not supporting her. Your spouse ( Wife) is entitled what is called apportionment. I was not aware of this and going through the process as we speak. Any spouse has the right to our VA disability award when we add them to our claim. In your case you will still have to support her until the divorce. If I were you I would keep a record of support to her and start recording all your bills. Like rent, car note, insurance etc. Also call VA or go by the office and find out the difference for her as your dependent and send her that, cause if you don’t VA can come in and give here 20%-50-% but you are receiving 30 % you might be good cause it’s a not much to give her. I wish you the best of luck and here is a link 38 CFR 3.451 (Word Document download).
Stacey Scott says
Hello, I am retired and have a 90% rating. I transferred my GI bill over to my daughter. I did not realize that she was taken off of my award when she turned 18, so I turned in a VA 21-674 to update the information due to her being a full time student. I was denied because they stated that I cannot add her as a dependent on my award because she is using the GI bill. They stated this is double dipping. Is this correct?
Jason says
Does the VA notify my ex if I’m claiming my kids as dependents? It asked me for my ex wife’s address because that’s where my kids reside most of the time, and asked if I had previous marriages from my current one.
Melanie says
My ex was 100 disabled we married in 2010… we seperated the same year and didnt divorce until 2018, how can i find out if he was collecting benifits for me??
Romero Martinez says
My thoughts exactly!! He knew how much money he was supposed to receive!! Every month he forgot!! Lol!! Sure pal!!
Christy Strickland says
I am divorced from my husband (who is a disabled vet) for 4 years and there is no contact. We have severely disabled children who receive SSDI benefits and this year they cut them off stating that the system states my children are receiving VA benefits. How can I get proof that they are not?
Ryan Guina says
Hello Christy,
I am sorry to hear about this. I recommend contacting the SSDI office and informing them that you are divorced and are the sole provider of your children.
It is very possible that your husband never removed them as dependents from his VA disability claim and the SSDI office and VA disability office are sharing information. You may have to contact the VA and provide proof of divorce and a signed statement that you are the sole person who can claim your children as dependents. The customer service desk at each of these respective organizations is the best place to start.
I wish you and your family the best!
Joanie says
My ex just contacted me asking if he can claim our daughter on his va benefits, we where never married and he walked out on us in 2007 he lives in another state and has not seen her since she was 3 yrs old she is 14 now , he says he is out of work and barely making ends meet and by adding her he would get more money but I’m return she would recieve money also . Can he do this ?
Ernest Hoag says
Hello. I am curious to know if anyone has had the VA 21-674 that they completed on E-benefits kicked back by the VA, because the form is missing the dependent’s school name?
kristi miller says
Hello, i need to know who to contact regarding my ex husbands benefits. When he was awarded benefits back in 2013, he had claimed me, our daughter, and my 3 kids from a previous marriage and that is how they calculated the amount. We have been divorced over a year now and he is still claiming me and my 3 kids. How can I fix this?
Ryan Guina says
Hello Kristi, you would need to contact the Department of Veterans Affairs (VA) for more information.
Dave says
Hi, I just received a 30% rating from the VA. I was married to my ex for just over 10 years. I put her and my children’s names into my dependents section on the VA webpage. On one page it looked like it said if we were married at least 10 years that I may receive dependent pay for her as well as my children. Did I read that correctly or not? It had a status of “spouse not on award” for her and “pending” for my children.
Ryan Guina says
Hello Dave, I recommend contacting the VA customer service desk for this inquiry. They will be able to verify the dependent status and ensure everything is submitted correctly.
auraiwan says
What do I need to do in order to remove myself and my daughter from dependent lists? My ex husband (medically retired) and I been divorced since July 2017. Both of our sons are living full time with me per court order. My ex husband (Veteran) has not update the status and me and my daughter are still on his dependent list. He is still received VA pay for married with 3 kids. 2 of kids are biologically his. Please advice on how to go about changing the status. Thank you
Ryan Guina says
Hello Auraiwan, Please contact the VA customer service office. They are the point of contact for benefits. Best wishes to you and your family.
Kristy says
My husband and I have been separated since 2015 and will hopefully be divorcing next year (finances have put it off). He has been drawing a married plus 2 stepchildren benefit on his VA Disability this entire time. When our divorce is finalized, will he have to pay that back all the way to our date of separation?
Ryan Guina says
Hello Kristy, This is a question for the VA. However, I do not believe there is a requirement to repay benefits for the time the veteran is still technically married. The veteran is, however, required to inform the VA if there is a change of status for dependents. So he would need to send in a form to the VA after a divorce has been finalized. I wish you and your family the best.
Amy DeCrescenzo says
I am a divorced mother of 2 and my ex-husband is getting VA disability benefits. He has remarried and I have VERY good reason to believe he is getting benefits for our 2 children. The problem is he has a drug habit and violent tendencies, so I have full custody of our children and he isn’t even attempting to follow the court order to see his children… so I’m failing to see how I am left to support to beautiful babies on my own while he is paid for it… I am so angry for my children that my first goal is to get him to cease any further compensation, then he can pay back the government. If they allow me to have some of the money that was meant for them, it would really help things at home, but my purpose here is first to stop him. Does anyone know where I’d even begin to get hold of the VA Disability Benefits? Any help is very much appreciated. Thank you!
Ryan Guina says
Hello Amy, I’m sorry to hear about this situation. I recommend contacting the VA customer service line for this question – 1 (800) 827-1000. Best wishes to you and your family!
Ally says
My husband and I have been separated for several months. One day he decoded he no longer wants to be a family and moved across country. He does not pay any child support, nor does he provide the kids with health insurance, and frankly, I don’t want anything from him. However, I know that he has not updated the VA and continues to receive his full 80% that includes compensation for a spouse and our kids. When I contacted the VA, a very rude individual told me to fill out a form that was basically about my income and had nothing to do with the reason I was calling. I do not want any money but I also don’t want this man to abuse the system by collecting funds that he is not entitled to. Any advice? Thank you.
Ryan Guina says
Hello Ally, I’m not sure the correct way to handle this, other than to contact the VA customer service again. Try calling again if you get another rude customer service agent.
I wish you and your family the best.
Ally says
Thank you Ryan.
Rachael says
So I’ve been 80 percent since 2011 when I was medically retired. I never knew about adding a spouse or a child til last month. Behind, I know but that’s done. So last week I added my husband of 10 years and my son who is now 18 months. They have been added under the dependents part of ebenefits but it says they are not on an award. What exactly does that mean? Will I get any benefits for them? Is it just because it takes a couple weeks or are they defintely not being counted towards the award? It’s so confusing. Thank you!
Ryan Guina says
Hello Rachael, It can take the VA quite some time to verify dependents and add them to your award. I have heard that it is fastest when adding them via the eBenefits site, but it can still take several weeks. The VA will usually award back pay to the date they are added to your profile. That said, you can call the VA to inquire about the process and verify they have all the required information. I wish you the best, and thank you for your service.