Chapter 35 (DEA) and CHAMPVA regulations

[Berta]

I noticed my earlier post on this did not go through....

And was not sure where to put it. This subject has come up from time to time in over 20 years here.There is much discussion on these programs available under a hadit search.

 

 

Chapter 35 (DEA) and CHAMPVA
These benefits, available for some spouse and dependents, or certain  survivors of veterans , are often misunderstood and they both have their own unique criteria.
I didn’t know where to post this as questions on these benefits pops up once in a while in the forums.
Please note that a 100% P & T award under Section 1151,38 USC does NOT warrant DEA or CHAMPVA.
Only direct SC awards of 100% P & T potentially provide these benefits for your dependents.
Chapter 35 DEA  regulations are explained here :
“Eligibility
You must be the son, daughter, or spouse of:
•    A Veteran who died or is permanently and totally disabled as the result of a service-connected disability. The disability must arise out of active service in the armed forces.
•    A Veteran who died from any cause while such permanent and total service-connected disability was in existence.
•    A Servicemember missing in action or captured in line of duty by a hostile force.
•    A Servicemember forcibly detained or interned in line of duty by a foreign government or power.
•    A Servicemember who is hospitalized or receiving outpatient treatment for a service connected permanent and total disability and is likely to be discharged for that disability. This change is effective Dec. 23, 2006.
Other Factors to Consider
If you are a son or daughter and wish to receive benefits for attending school or job training, you must be between the ages of 18 and 26. In certain instances, it is possible to begin before age 18 and to continue after age 26. Marriage is not a bar to this benefit. If you are in the armed forces, you may not receive this benefit while on active duty. To pursue training after military service, your discharge must not be under dishonorable conditions. VA can extend your period of eligibility by the number of months and days equal to the time spent on active duty. This extension cannot generally go beyond your 31st birthday, there are some exceptions.
Please note that a child over 18 years old using DEA will not be eligible to receive Dependency Indemnity Compensation (DIC) payments from VA. Receiving DEA payments bars a child from receiving DIC payments.
If you are a spouse, benefits end 10 years from the date VA finds you eligible or from the date of death of the Veteran. If VA rated the Veteran permanently and totally disabled with an effective date of three years from discharge, a spouse will remain eligible for 20 years from the effective date of the rating. This change is effective Oct. 10, 2008, and no benefits may be paid for any training taken prior to that date. A spouse using DEA (of the Fry Scholarship) remains eligible to receive DIC payments from VA.
For surviving spouses of Servicemembers who died on active duty, benefits end 20 years from the date of death.”

http://www.benefits.va.gov/GIBILL/DEA.asp
Also much discussion here  at hadit available under a search

CHAMPVA-this is their basic eligibility criteria:
“CHAMPVA eligibility
To be eligible for CHAMPVA, you cannot be eligible for TRICARE, and you must be in one of these categories:
1.    The spouse or child of a Veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office.
2.    The surviving spouse or child of a Veteran who died from a VA-rated service-connected disability.
3.    The surviving spouse or child of a Veteran who was at the time death rated permanently and totally disabled from a service-connected disability.
4.    The surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA).
An eligible CHAMPVA sponsor may be entitled to receive medical care through the VA health care system based on their own Veteran status. If the eligible CHAMPVA sponsor is the spouse of another eligible CHAMPVA sponsor, both may now be eligible for CHAMPVA benefits. In each instance where the eligible spouse requires medical attention, they may choose the VA health care system or coverage under CHAMPVA for their health care needs.
NOTE: The eligibility of a child is not affected by the divorce or remarriage of the spouse except in the case of a stepchild. When a stepchild leaves the sponsor's household, the child is no longer eligible for CHAMPVA.”

http://www.va.gov/PURCHASEDCARE/programs/dependents/champva/champva_eligibility.asp