Question:
38 CFR 3.401 (b)(1)(i) and (ii) allows VA to unfairly claw back money that is rightfully paid to divorced and remarried veterans. I did not know to notify VA of a divorce and subsequent remarriage three years later. I set the record straight three years after that.
Unfortunately, for me, the CFR paragraph cited above says that unless the veteran notifies VA of remarriage within one year, they totally ignore the marriage date and only use the notification date. That means I am being asked to repay the married portion of my disability for three years, during which I was actually married! I acknowledge I need to pay back the payments made during which I was single. But having to pay them for money that I was entitled to is blatantly unfair. Thanks for listening.
Jim's Reply:
Divorce is a gift that keeps on giving long after the dust has settled...the rules of fair play do not apply in love and war. The option is always there for you to appeal, many do and many prevail. It's worth a shot and won't cost you anything but a little of your time. That information is here.