QUESTION
Can I get any money due to me for being the only child my father had he was in the army and all the benefits went to his new wife.
Asked on Mar 20th, 2013 on Family Law - California
More details to this question:
My dad of agent orange . I was only a baby when my parents divorced. I didnt know there were benefits i could get like for school ect.. All information was kept from me by his wife. She is still getting penison from the military. I just found out about this 1 year ago. And this is not fair Va says I am too old now and not intitled because of my age. But this was kept from me. What can I do?
2 ANSWERS
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In regard to Miltary Benefits, go on line and see what may be available to you. I don't know your age so I don't know if you would qualify. Agent Orange, however, was utilized in the Vietnam War so you are probably an adult. Just because the spouse of your father is receiving a military retirement as a survivor participant doesn't mean you would be entitled to any retirement benefits. These benefits would only apply to spouses of your father. Know that you may be able to secure other benefits, however.
Answered on Mar 29th, 2013 at 12:34 PM
Your question isn't as much a "Family Law" question as it is a question of military law. You may wish to re-post your question to military law category, if such a category exists on this site, to get the opinions of attorneys who practice in this field regularly. I will preface my response with the fact that I am not military law attorney so you really need a qualified opinion.
In response to your question, I suspect you will find that there is little-to-nothing you can do. DOD and the VA have pretty stringent rules when it comes to survivor benefits. Further, and I am not saying this to criticize you at all, you could have investigated the benefits you might have had when you were younger (or, your mother or guardian could have on your behalf). The blame may not rest fully on the new wife, and it certainly doesn't lie with the VA - under the facts you've provided, I cannot see where the VA did anything wrong. Contact a military law specialist and see if there is anything you can do at this point.
David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com
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Answered on Mar 27th, 2013 at 4:51 PM