My ex says claiming my kids on VA disability is fraud.

It is not fraud for you to claim your children as dependents on your VA disability compensation; however, the specific circumstances of your support obligations and your ex’s concurrent claim will determine the correct and lawful action. Under 38 CFR 3.57, a child can generally be claimed as a dependent by the veteran-parent with whom they live or who provides "the chief portion of their support." If the children live primarily with your ex, she may be the proper claimant. Critically, 38 U.S.C. § 1115 and 38 CFR 3.451 prohibit duplicate allowances, meaning the VA will only pay one additional amount for each child—it cannot be claimed by both parents simultaneously. If a veteran fails to provide due support, the VA can initiate **apportionment** (38 CFR 3.450) to divert part of the veteran's compensation to a dependent, such as an ex-spouse with custody. Your actionable next steps are: 1) Determine which parent provides the chief financial support and/or has primary physical custody; 2) If it is you, gather evidence (e.g., custody orders, proof of financial support) and submit VA Form 21-686c to add them; 3) If it is her, you likely should not claim them, as doing so could lead to an overpayment debt. You must also report any court-ordered child support obligations to the VA per 38 CFR 3.500. Consult with a Veterans Service Officer for personalized guidance. *This information is for educational purposes only and does not constitute legal or medical advice.*