Legal Question in Veterans Law in Colorado

Benefits for Spouse of disabled vets

My husband is a Viet Nam vet. He was awarded 150% service connected disability status. We have been married since 1978. He is now a very practicing alcoholic who was recently arrested and convicted for drunk driving. He also has other substance abuse issues and I am afraid to stay married to him (I am now 63 years old and he is 62). He has been in and out of rehab but to no avail. If I file for divorce, do I lose my spousal status and my CHAMPVA insurance and any other benefits I may be eligilble for?


Asked on 6/01/09, 11:11 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Benefits for Spouse of disabled vets

Your husband needs to be placed in an inpatient program for PTSD for at least 30 days at a VA hospital. In this program they will try to detoxify him from both drugs as well as alcohol. Try this first before you divorce him. If it doesn't work then come back and we can talk about your benefits as a spouse.

Vietnam was horrendous for may vets. It changed all of our lives and many have never been able to cope on a regular basis with civilian life because of the experience. He has a 100% disability, he is permanently and totally disabled and cannot work.

Try to obtain counsel to assist you with the drunk driving charge. He may be able to have the charge reduced to reckless driving and not have to deal with the after effects of a dui. The defense would be PTSD, or combat stress.

Good luck!

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Answered on 6/02/09, 6:11 am


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