ptsd SMC, TBI/PTSD

[Vet Dog and wife]

My Husband is rated totally and permanently 100% disabled with TBI; he also has severe PTSD, which is unrated. he is service connected for both of these problems. he also has several other health issues which are probably service connected. My husband was in the military in the late 1970s.  he applied for and received 100%  V A compensation around 1997. 

the questions I have are:

1. Is my husband entitled to SMC,  housebound, or any other extra benefits?

2. are there any other issues we should know about?

 

Thank You for your help

 

 

Edited May 11, 2018 by Vet Dog and wife
spelling

[Vet Dog and wife]

Hi Berta,

would the 10-year date of eligibility apply to the date my husband was awarded his 100 percent disability or would the date apply to when we were married?  we have just recently gotten married.

Thank you very much

[Vet Dog and wife]

 

Thank you very much

Edited May 11, 2018 by Vet Dog and wife

[Berta]

As I understand this it would be the earliest effective date of the 100% P & T award, OR the date of notification.But that only applies to vets who are not deceased.

What they mean is this. The VA made a posthumous 100% P & T rating for my dead husband's PTSD in1997, with an EED for Chapter 35, of 1991.But widows/widowers get the date of death for Chapter 35 as their effective date.

If my husband had lived, And he got the award, in 1997, it would mean I was eligible for Chapter 35 back to 1991, and they allow for retro if I had any college expenses from Nov 1991, to the 1997 date, or I could choose the date of the actual award letter as the most favorable" notification" date.

You might be eligible for Pell Grants or other state benefits to help with tuition, if you cannot get Chap 35, and best to check with your state financial aid office when you relocate.

Also a college , under Chapter 35, must be VA approved and every college web site would have that info on their site ( most of them are-but not all)

This is why I asked others to chime in here as to their take on this regulation:

"Under the rule regarding the payment of educational assistance benefits to a Veteran's spouse under Title 38 of the U.S. Code, Chapter 35, the beginning date of eligibility for a spouse of a Veteran with a permanent and total disability evaluation effective after November 30, 1968, is the effective date of the Veteran's total and permanent rating or the date of notification, whichever is more advantageous to the spouse"

Before I forget, your husband';s prior spouse might have been on his comp as his dependent before she died and he sent the VA the death certificate.

He will surely need to send it again, and a raised copy of your marriage license to add you both (and your son';s birth certificate)as his dependents.

It isnt a lot of extra comp but every bit can help and I sure hope he claims the PTSD as well.

Edited April 21, 2017 by Berta

[Buck52]

I believe if this veteran reported the death of his wife and remarried later on...when he remarried  then his new Bride would become eligible for the Benefits  just like the first wife..because she becomes his dependent.  but this veteran must report it as

Change in dependents and the VA will send the chapter 35 form  to be filled out and sent in to the proper address to be approved for the educational  allowance and ChampVA  Insurance  benefit's  ect,,,ect,,,

[Vet Dog and wife]

Thanks, Buck, much appreciated

 

[Berta]

Is anyone here willing to read this next BVA decision below?

In addition to the BVA decision I posted above, this BVA decision narrows the eligibility down to a situation with a subsequent spouse as the veteran had remarried after getting the P & T award.:

"ORDER

Entitlement to DEA benefits under the provisions of Chapter 
35, Title 38, United States Code, for enrollment beginning 
January 9, 1998, is denied."

https://www.va.gov/vetapp00/files3/0022841.txt

I know of no VA case law that has ever altered the legal rationale in the above decision regarding Chapter 35.

My own initial Chapter 35 award fell into the time frame and regulations of the above BVA decision.

I explained above how I got a more favorable Chapter 35 EED and a new DEA entitlement award date in 2009...due to a successful additional claim. That is difficult to do, but not impossible.

If the VA somehow awarded 100% SC P & T for the PTSD, that award could possibly generate a new entitlement date for DEA.If it didn't that is something I would aggressively fight VA over.

 

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