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crawsfire
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Posts posted by crawsfire
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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. She can't be eligible for Chapter 35 until she becomes your spouse. Technically the claim for Chapter 35 is hers, not yours.
pr
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.
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You should be able to get an extension, due to the denial period you had to endure, in addition to their error regarding her eligibility date being before you were married. That date is grounds for a CUE, in itself. Go get 'em!!! jmo
pr
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.
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No! You are debited 1/2 time. So if the semester is 5 months, you are debited 2.5months of benefits.
If you have been debited more thanthis you can call the 1-888-GI-BILL-1 and request an audit. The audit should show what have been debited and what has been payed, and the number of credits your school has certified.
If something is wrong you can (and should) ask for a review, and then an appeal.
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.
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It is my personal understanding that there are two different types of extension.
There is a limit extension which extends the 10 year period to use the benefits to20 years,for certain spouses
Then there is the 45 month extension. You can get paid for more than 45 months, although I have always been advised it is 48 months not 45 months,so I don't understand whats happening there????
If you are nearing the end of a degree program, such as, one semester and you would be done,they will continue to pay until the degree is complete. However, there is not an extension for another degree such as a Masters as you suggested you wife wanted to do. Only for the completion of her nursing degree.
Also some people have brought up Voc Rehab. This is a completely different program than Chapter 35 benefits for dependents,with completely different criteria. So while you can receive multiple extensions and grants form Voc Rehab this is not available to dependents unless they are eligible for Voc Rehab because they are disabled secondary to their veteran parents disability or exposure.
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.
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She knew the rules at the beginning and if she didn't that's a different matter. If I recall correctly, 10 yr expiration date, with maximum of 45 months paid benefit. That sure sounds fair to me. Not to be a hard a** but if she doesn't use it, in time, who's fault is that??? It sure isn't the VA's fault! I hope she can get the extension but I seriously doubt it. If you can prove me wrong I'd love to hear it! Now, if for any medical or hardship reason, she was unable to attend school she could probably get an extension, but I believe that would be the only reasons for an extension. The deadline is 10 yrs, whether full-time, half-time or quarter-time. jmo
pr
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.
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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.
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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.
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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.
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Request a waiver so that your wife is able to complete her education if she has not used all of her alloted months. They are routinely granted.
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.
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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.
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My suggestion would be before you file a NOD, have her contact VA Education Dept. and ask if it was a typo and see what the answer might be. It could be something very simple like that and then you can go from there.
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.
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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.
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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
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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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"they changed her eligibility dates that were originally 1996 through 2006 to 2001 through 2011."
I assume this is a formal Certificate of Eligibility they sent to her and her age was not in question?
There is a cut of age 26 in most cases, extended by military service.
Yes they will pay her retro if she has proof of tuition payments to a VA accredited college and has been approved with the Certification and the VA has not questioned her age.
I bring up the age factor because VA approved my daughter and sent her a Certificate of eligibility but the award letter only granted her one month of DEA due to her pending 26th birthday.They forgot to include her 7 years of military service in spite of having her DD 214 etc.They promptly corrected their error.
The VA hinges on age 26 as a cut off for dependent adult children under DEA.If that is not the issue ,and her credits were from a VA approved college during the eligibility dates of your award (most colleges are VA approved) they will need proof of tuition payments from that college and will most likely prepare a refund.
My cut off date was in 2004 but I continued until I graduated in 2007. My last award extended my Chapter 35 DEA.
My school sent the VA and audit statemt fom my student account and the VA sent me the 3 years retro.
Thanks for replying. Age is not an issue as there is no cutoff age for spouses. How did you get an extension? Her eligibility ends next week and she haven't used all of the 45 months. Thanks.
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I'm not sure why you would want to do that. If your claim gets denied again then you have to file a NOD again and then ask for a hearing again and then wait again. Maybe I just don't understand what you are saying. I had been patiently waiting for my hearing when out of the blue i received a letter stating they had reversed their decision. I'm not sure that would have happened had I reapplied with a new claim.
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Since I only applied for Ch. 35 benefits for my spouse when I realized there was a chance she could be approved (Cypert v. peake), by the time I applied she had gone to school for three years already. Now she has been approved with an effective date that precedes all her schooling but I am reading different things as far as backpay.
She applied once in 2004 and then her eligibility ended in 2006 according to the VA. She never actually got paid benefits the first time i applied because she dropped out after a week due to medical problems.Then I find out about the Cypert Peake decision so I filed again in 2009 and they changed her eligibility dates that were originally 1996 through 2006 to 2001 through 2011.
Should she get paid for all her previous schooling (up to 45 month worth) that fall within her new effective dates despite when I filed?
I have read somewhere that they will only backpay a year?
Thanks.
Question About Ch.35 Benefits Extension
in Entitlement - Veterans Compensation Benefits Claims
Posted
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.