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Chapter 35 Do I Understand This Correctly?


mountain tyme

Question

If your dependant child is receiving chapter 35 benifits and s/he is still being claimed on your taxes as a dependent that the Vet no longer can receive the dependant benifit in there VA compensation check. The reason I am asking is because my Son just applied for chapter 35 benifits and he put the effective date as Aug. 2007 since that is when he started collage...since we are going into Oct. will that mean that the VA will request a repayment of the benifit I have already recieved on him in Aug and Sept??? after reading the thread by vaf I will start to put the benifit amount aside...

Second question...my spouse is also a disable vet but he is not P/T will it effect his benifit.

Thanks in advance

mt

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They will pay the dependent and your check will be adjusted the amount that you were getting for the dependent.

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Good question-

I hope someone can answer that-

if 2 vets are married does VA pay dependent allowance for each of them? and therefore does VA take it away under Chap 35 for each of them?

I have no idea on that one-

Chapter 35-I am a Chap 35er-

Has your son determined that the school of his choice is VA approved yet?

Also has he looked into Pell Grants and all other forms of financial aid too in addition to the Chap 35?

Is he prepared to pay his tuition prior to each semester and then wait for the VA Chap 35 benefits to come?

In my case I had to pay American Military University the full tuition before the class start dates,

then I emailed both VA Education Dept here in Buffalo NY and my VA counselor at AMU to advise them

1. that I paid the semester tuition- and gave the date and amount-

2. Who the professor was and for what course

3. the running dates of the course

VA then would divide the VA rate by the length of the course and send me sometimes one check a month, and in one case they were behind and I got 3 VA Edu checks in one month close to the end of the course.

His school might be able to have a different tuition payment arrangement but I was only the second civilian at AMU and the only Chap 35er I know of -so I am not sure.

This is an extraordinary benefit -Chapter 35-

your dependents and your spouse are eligible for it if you are 100% SC P & T.

I understand that a Chapter 35er can get both the VA benefit as well as many forms of financial aid -without any offset to the VA Chap 35 payments-but I never looked into that-

he certainly should do all he can to get info on this and tie in the school's VA counselor as soon as he can.

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Hi Berta,

I was born and raised in Buffalo NY, I went to St. Paul's then Riverside H.S. and enlisted there on Delaware AVe...small world.

Anyways, you wrote..."Has your son determined that the school of his choice is VA approved yet?

Also has he looked into Pell Grants and all other forms of financial aid too in addition to the Chap 35?"

Yes he is enrolled in a VA approved collage, I don't think he qualifies for a Pell GRant...prior to being granted T/P we filled out that Fasa form and he did not qualify for any state grants or any financial aid or work programs(we are in MO.) due to our income. My husbands is retired AF (40% service connected) and works full time, I am on SSDI (7 years) and now just recently granted VA compensation. I was Blessed that prior to becoming ill I was able to squirrel away collage money for him so with the scholarships he received and money he has saved from working we were able to pay for his tution for at least 2 years, now with the chapter 35 he said he was going to have that put in a saving account so he can pay for the rest of his collage years and use the income from his part time job to pay for books and expenses that he aquires

I told my husband that he will need to call the VA 800 number monday to find out if his compensation check will be effected by the chapter 35 benifit, even though he is not P/T it still may...

I will post if I find anything out...

Thank You for the information

MT

Edited by mountain tyme
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Bottom line, yes, whenever the VA discovers your dependent is getting Chapter 35 benefits, effective the date that began, the VA will move to recoup the money they paid you for that dependent, effective that same date. The problem lies in whenever they choose to do that -- immediately, 12 months later, or whenever.

I don't know how they handle two veterans claiming the same dependent on Chapter 35. I would imagine if you're both being paid for the same dependent, then you'll both end up owing. That's a good question for the VARO, and get it in writing, maybe through IRIS if you phrase it in a general way.

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Update...I called the VA (800#) today and I was told that yes, that my disability will decrease the amount for my dependent son once chapter 35 kicks in.

Also I was told if both parents are on VA disability only the vet that has chapter 35 entitlement will be effected and the other veteran will stay the same where s/he would still be able to claim that son or daughter and will still receive dependent compensation.

Now if both parents are T/P then only one veteran will lose there dependent adjustment (depending who the child is claiming off of) but the other parents dependent adjustment will stay the same.

I personnaly want to see that in writing so I went ahead and sent a letter to the VA, requesting a letter explaining that to me and what reg that is under...once I receive that information I will post again.

MT

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Please let us know mountain, right now, I'm seriously looking at 38 CFR subsection 1.965 under "Equity and Good Conscience." I can't find a thing in the veteran's file or the pamphlet they sent him about Chapter 35 that states he would lose a dependent who received Chapter 35 benefits. That may be the case, but I can't find any evidence that they ever told him that would happen.

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VAF -I cant find the original post on this but the amount -6,000 bucks is in my mind-

the dependency rates aren't that high-

and it seems that each successive dependents rate included in the Comp check gets lower-

I am loking at the rate tables at the VA web site-

my point is-6000 bucks is a lot of extra comp-over more than 2 years worth - as over payment for a dependent-

has anyone actually checked into their figures at all as to this amount and compared it to how long the dependent was in college under Chap 35?

I think the VA's point is legal as to the overpayment but I would sure question the amount.

Then again this vet got overpayment for dependents Chap 35 to the tune of over 7,000 bucks. The WAIVER REQUEST must be acted on right away:

http://www.va.gov/vetapp05/files4/0523123.txt

"ORDER

The overpayment of $7,932 of disability compensation benefits

was properly created.

Waiver of recovery of an overpayment of disability

compensation benefits in the amount of $7,932 is granted."

This was only case similiar to what you mentioned that I could find. It will give idea as to how to support a request for waiver of this dept.

I can only imagine how relieved this vet at the BVA was to get this decision.

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