Widow denied VA benefits because of a 'filing error' after husband's death

ALTUS, Okla. (KFOR) - The widow of a disabled Oklahoma veteran claims she cannot receive VA benefits because she has not been able to prove she never remarried.

Nyeeta Smith’s family said it was all because of a filing error and now she may be forced to file for bankruptcy.

Smith said her husband of 56 years, Darrell, was disabled while in Vietnam.

"He had shrapnel in his neck and back, and he would never talk about it,” said Smith. “I don't know really what happened, but he did lose his right eye."

She said she has been fighting for VA benefits since he died last June.

Smith and her son, Shane, live in Altus on the family farm where the family built a life together.

"We're going to lose it,” said Shane. “We will lose our house. Everything my dad worked for all his life. And he was a hard worker."

Smith said the VA paid for her husband’s burial, but she was denied other monthly benefits called DIC three months ago.

"They said you've been denied because you didn't prove to us that you haven't gotten remarried,” said Shane. “Somebody tell us how you prove that you haven't remarried."

News 4 called Project Veteran Assistance out of Tulsa. They told us it was as simple as checking a box saying Smith had not remarried. We asked Smith and she said she checked the box and was thorough with her paperwork.

“It was actually the guy in Oklahoma City,” said Smith. “His response was, ‘somebody must have overlooked it.’"

The small mistake has brought a big burden to the family.

"She's going to probably end up having to file bankruptcy,” said Shane. “Last night we lost my truck. I was because I had to either pay for her house or my truck, so I lost my truck."

The family appealed the decision and has been waiting to hear back from the VA for three months. The veteran’s advocate KFOR spoke to said the next step for the family should be to call and email every U.S. Senator and Congressman from Oklahoma.