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crawsfire

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About crawsfire

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  1. For those that didn't actually read the thread, or had trouble understanding it: My spouse was erroneously denied benefits several times and by the time they did notify her that she was eligible she had two weeks before the benefits expired. That is the reason we are trying to get an extension. They also reduced her 45 months of eligibility by one month for each month she went to school even when she went 1/2 time. I am trying to determine if this is par for CH.35 recipients. If anybody has any experience or can point me to the regs concerning this it would be great. thanks.
  2. If it's been more than a yr since their decision and you/she didn't appeal, it is final and you could file a CUE. Well I appealed every denial which is how I got her benefits. It doesn't seem wise to not appeal, wait a year and lose the ability to file an appeal just so you can file a CUE claim. She can't be eligible for Chapter 35 until she becomes your spouse. That is what I and many others have said for years but until the Cypert Peake case in 2008 set a precedent, the starting eligibility date of the Veteran was used by the VA for the spouse as well . It didn't matter to them that you weren't married at the time. They just recently started recognizing the precedent that this appel. decision set. It appears that you have to challege the past decison to get your benefits though. Technically the claim for Chapter 35 is hers, not yours. Yes. This is why my spouse gave the VA permission to talk to me about her claim and allow me to act on her behalf. When it came time for the hearing I requested to be set they said she didn't even have to attend, only me.
  3. I'm not sure it was an error on their part. From what i understand there was a change in legislation because of the Cypert vs. Peake appel decision which was in 2008 which established that a spouses eligibility starts when she becomes eligible (marries the eligible person). They never told me when they changed their policy so I don't know if they denied her benefits erroneously or not. As far as opening up a CUE claim goes, I am pretty sure I have a long way to go before i could do that . I would have to file an appeal, wait for it to get denied, file another, wait for a hearing, have the hearing get denied and get a final ruling and only then could I file a CUE claim. This would take a couple years. This is why I'm trying to determine if my spouse should still have some of her 45 months of eligibility left ( because they debited a month of entitlement for each month of schooling even if it was 1/2 time) and the criteria for getting an extension.
  4. OK, thanks, but just to be certain, are you talking about G.I. Bill benefits or Chapter 35 benefits? I ask because the phone number you reference is only for G.I. bill recipients.
  5. The 20 year eligibility period would be applicable if the service member got rated 100% P&T within 3 years of discharge. My rating came within 3 years and 10 days and they denied the 20 because of that. My spouse is in her last quarter and they ended her benefits 2 months before the last quarter ends. I requested an extension but have not received a reply.
  6. Actually it is the VA's fault because they denied she was eligible for benefits and did so numerous times until i appealed several times and then right before i was to have my hearing they reversed their decision and said she was eligible. The problem was by the time she was notified she was eligible there was only two weeks of eligibility left. This happened because they initially said her eligibility started when i got rated 100% P&T (before we were married) when her eligibility should have started when she became eligible which is the date we were married (that occurred 6 years after i was rated 100% P&T). If the VA had given her an eligibility date instead of telling her she wasn't eligible then she would have started school years earlier and she wouldn't have run out of time. Anyway, they have charged her one month of eligibility for one month of school regardless if that quarter was for 1/2 time or full time which a previous poster said was incorrect. I will ask for an audit but it won't matter unless i can get an extension granted for her because according to them she has used all 45 months and her eligibility has expired now. I submitted a request but have not heard back anything yet.
  7. So if you only go to school 1/2 time for one quarter are you still debited a full months worth of entitlement for each of the months in that quarter? The VA has subtracted one month of entitlement from the 45 available no matter the amount of classes taken which doesn't seem right.
  8. Thanks for all the responses. The extension is for my wife who is in nursing school. She has used all of her 45 months and is almost done with her nursing program. If she can get an extension she will most likely start working on her masters rather than start working. I have requested an extension for her but have received no response yet.
  9. It has been mentioned here that it is possible (and even common) that an extension is granted for recipients of CH.35 benefits. Does this mean that an extension is granted to the 45 month cap (you can get paid for more than 45 months of benefits) or is this just an extension to the time limit imposed on you to use the 45 months of benefits? Thanks.
  10. Really? That would be great. Is there a specific form I should use or? I think she should be granted an extension because they didn't notify her that she was eligible for benefits until she only had a couple of weeks of eligibilty left. She still has two more quarters of school before she takes her RN exam.
  11. I am 100% SC IU P&T. I have trouble getting out of bed and want to get a bed that will help me sit up. What should I do? Make an appointment at the Va, ask for a prescription for one and then send that off with a request to the VA? Please don't suggest I use a VSO. I have had terrible experiences with the DAV and they have hurt me more than they have helped me. Assuming the above is correct does anybody know what form I would use? Thanks.
  12. Ok, I guess i could do that. The last time I called I was on hold for two hours just to get an I don't know response.
  13. So I previously posted that the Va in its infinite wisdom granted my spouse CH. 35 benefits with a retro starting date. The letter says "Based on Legislative changes on DEA requirements, we determined you are eligible to receive DEA benefits effective April 26, 2001, your date of marriage to the Veteran. You have 10 years or until April 16, 2011 to receive DEA benefits." I'm I missing something or are they cutting short her benefits by 10 days? Shouldn't her eligibility end on Apr. 26 2011? It matters because she in school full time this quarter so she would be losing $300.00. Should I file a NOD? Thanks.
  14. I have looked all over for the VA form 21-1999 including the va.gov form site but cannot find it. Does anybody have a link to the pdf?My rep at the college seems to think she can just type up a list of the classes and send it to the VA and has no ideal what this form is. I'd like to print one out and give it to her so I know it is done correctly. eta OK, I figured out it is form 22-1999 not 21-1999.Can someone confirm this is the correct form to request backpay form 22-1999 Thanks
  15. Thanks very much for all the input. When backpay is awarded is the payment sent out immediately after the award notification or does it get sent to arrive on the 1st of the month like a regualr CH. 35 payment? Thanks.
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