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Chapter 35 Dependant Educational Benefits

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11bush

Question

I was awarded IU P&T at the beginning of August 2009.

I have 2 children who are 23yrs and 25 yrs. [i have 3 others that are older, 30 plus]

Are the 23 and 25 eligible for the FULL allotment of Chapter 35 DEA monthly benefits because when I was awarded IU P&T they were still between the ages of 18 and 26?

I'm thinking THE CLOCK STARTS FOR THEM NOW because I have just been awarded the IU P&T.

I realize the basic regulation states education benefits for children between 18 and 26 yrs old but seems I have heard about this exception somewhere.

Otherwise the 25 yr old could only get about a year of benefits at most and the 23 yr old maybe about 3yrs.

Thank you.

11B 1969,

Gold Star Brother, Tet 68

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I'll let everyone know how it turns out as I go through the Chapter 35 process.

Thank you everybody for your input. Much appreciated.

This is my experience so far...I am filing a NOD.

I did find out after the fact that a Veteran cannot be gettig paid compensation at the same time while that same dependent is getting paid for going to school.

So what the VA is telling me is that I was getting paid compensation for my daughter while she was getting paid at the same time for going to school.

My daughter filled out and filed her own application thru her college and the checks go directly to her.

Below is a reply I got thru the VA's IRIS system when I inquired about clarifying the DEA 2003 pamphlet regarding my responsbilities for notifying the VA of any changes.

================================================

"We don't have any Nov. 2003 copies of the Chapter 35 Dependents' Educational Assistance (DEA) program pamphlet, however the August 2008 version of pamphlet 22-73-3 shows on page 14 under section titled "What if you receive other VA benefits as the veteran's dependent" it reads as follows:

"If you're a son or daughter (including stepchildren or adopted children) of a veteran receiving a disability benefit, the veteran can generally receive an additional allowance for you as a dependent until you reach age 23 if you're attending school. However, if you elect DEA, the additional allowance to the veteran will stop when you begin receiving DEA benefits."

I hope this provides the information you need.

Thank you for contacting the Department of Veteran Affairs.

Rob

Education Compliance Survey Specialist

Muskogee RPO

22/4283

================================================Can you see where the VA admits that what they are telling me was not in the DEA 2003 pamphlet that was given to me but is now found in the VA's current 2008 version?

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I was awarded IU P&T at the beginning of August 2009.

I have 2 children who are 23yrs and 25 yrs. [i have 3 others that are older, 30 plus]

Are the 23 and 25 eligible for the FULL allotment of Chapter 35 DEA monthly benefits because when I was awarded IU P&T they were still between the ages of 18 and 26?

I'm thinking THE CLOCK STARTS FOR THEM NOW because I have just been awarded the IU P&T.

I realize the basic regulation states education benefits for children between 18 and 26 yrs old but seems I have heard about this exception somewhere.

Otherwise the 25 yr old could only get about a year of benefits at most and the 23 yr old maybe about 3yrs.

Thank you.

11B 1969,

Gold Star Brother, Tet 68

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Both of my children were notified that they received the full allotment 45 months of DEA Chapter 35 benefits.

They have a window of 8 yrs to use the benefits.

It took about 4 months to receive a decision from the VA.

They were 23 and 25yrs old when I was awarded IU P&T in August 2009.

Thanks to all who responded with advice/input.

11B 1969,

Gold Star Brother, Tet 68

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I was awarded IU P&T at the beginning of August 2009.

I have 2 children who are 23yrs and 25 yrs. [i have 3 others that are older, 30 plus]

Are the 23 and 25 eligible for the FULL allotment of Chapter 35 DEA monthly benefits because when I was awarded IU P&T they were still between the ages of 18 and 26?

I'm thinking THE CLOCK STARTS FOR THEM NOW because I have just been awarded the IU P&T.

I realize the basic regulation states education benefits for children between 18 and 26 yrs old but seems I have heard about this exception somewhere.

Otherwise the 25 yr old could only get about a year of benefits at most and the 23 yr old maybe about 3yrs.

Thank you.

11B 1969,

Gold Star Brother, Tet 68

I am going through the same thing right now with my daughter...Per VA...The ending date for using your benefits is 8 yrs after your start date...I have not seen a specific age they will be cut off only ending benefit .

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This is my experience so far...I am filing a NOD.

I did find out after the fact that a Veteran cannot be gettig paid compensation at the same time while that same dependent is getting paid for going to school.

So what the VA is telling me is that I was getting paid compensation for my daughter while she was getting paid at the same time for going to school.

My daughter filled out and filed her own application thru her college and the checks go directly to her.

Below is a reply I got thru the VA's IRIS system when I inquired about clarifying the DEA 2003 pamphlet regarding my responsbilities for notifying the VA of any changes.

================================================

"We don't have any Nov. 2003 copies of the Chapter 35 Dependents' Educational Assistance (DEA) program pamphlet, however the August 2008 version of pamphlet 22-73-3 shows on page 14 under section titled "What if you receive other VA benefits as the veteran's dependent" it reads as follows:

"If you're a son or daughter (including stepchildren or adopted children) of a veteran receiving a disability benefit, the veteran can generally receive an additional allowance for you as a dependent until you reach age 23 if you're attending school. However, if you elect DEA, the additional allowance to the veteran will stop when you begin receiving DEA benefits."

I hope this provides the information you need.

Thank you for contacting the Department of Veteran Affairs.

Rob

Education Compliance Survey Specialist

Muskogee RPO

22/4283

================================================Can you see where the VA admits that what they are telling me was not in the DEA 2003 pamphlet that was given to me but is now found in the VA's current 2008 version?

I don't see where they are "admitting" anything other than they don't have a copy of the 2003 pamplet.

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