Missed Dependents Educational Assistance Oppurtunity

[cowgirl]

Widow of veteran on active duty, wasnt aware or provided information upon his death of Dependents Educational Assistance. Struggled and used GI Bill for some classes on active duty, pay first then reimburse method. Post service 10 year period, used portion (22 months) of self earned GI Bill.

Something at Hadit triggered a thought, it may be possible to reclaim his unused GI bill education benefit. Called 1800 VA clerk,Explained, even though remarried, I was curious if eligibliity existed still and was encouraged to apply. VA telephone clerk replyed "veteran aka widow is eligible for award of remainder of unused GI Bill education benefits under DEA as long as total benefits didnt exceed a lifetime limit of 48 months awarded."

Applied and not approved, being "remarried" the clincher. I wonder, did I ask the correct question? Is there another regulation regards "reclaimation" of GI Bill benefits? simply curious,cg

[Berta]

Yes -they might extend to the end of the school year-after age 26-but hard to say-

Military service extends the limiting age 26 deadline by as much time as the dependent served in the military.My daughter sent copy of her DD 214 and they failed to award her the 7 years of her mil service.

I wrote a NOD for her with the DD 214 and a copy of their regs on this- in 3 weeks they sent her the eligibility certificate- to include 7 years of Chap 35-at least they correct their errors much faster than the regular VARO.

Is she in a VA approved college or did she attend a fully VA approved college?

As I understand this BVA decision- she would be eligible for retroactive reimbursement of some tuition under DEA:

http://www.va.gov/vetapp05/files3/0514702.txt

Also the VA Educational Department asked me if I had paid for any college credits for the 6 EED years proceeding the VA 100% SC P & T award my husband got.

So I assume that any dependent of a veteran would be eligible for a reimbursement of college expenses ( they have a specific rate they pay and it often does not cover all tuition expenses)

if they attended any VA approved college after the VA EED for 100% P & T of the parent.

However- this program is often very confusing- and also hard to get straight answers on-

I suggest that she contact the college's VA counselor and see how they feel she should handle this all in the event that you get 100% SC P & T award with an EED that covers some or all of her college attendance.

Also I suggest that she have available if needed for the VA- a copy of all of her student records and her financial account.

She could also ask the VA directly at the VA web site with an Iris inquiry and state it is question re: Chapter 35- she will probably get a response directly from the Educational department-

as to how they would determine any reimbursement of any Chap 35 payments that your potential 100% SC P & T award would generate.

Re: this might help any widows under Chap 35:

When Ozer V Principi was won I immediately Nodded my delimiting Chap 35 date.

Then the VA overruled Ozer-to the detriment of all widows under Chapter 35-

The problem with widows or widowers under Chap 35 is that they often do not continue their educationunder the regs- because they dont know if the VA will award their spouse a posthumous 100% SC P & T award and then award them CHapter 35.

The VA in essense seems to feel that widows should have a crystal ball to determine their proper Chap 35 date yet they might have to wait for years to get the Chap 35 award letter.

The VA will give them the date of the veteran's death-as the Chap 35 EED.This is why I ended up paying $6,000 or $8,000 to my school over the last few years-although the VA itself had paided maybe the same amount too or more-as a reimbursement to me-until my Chap 35 ran out.

The limiting date for widows or widowers - is based on a posthumous award of 100% SC P & T-

If the surviving spouse-however-can succeed in a claim of direct SC death-whenever the VA makes a deicison on direct SC death-that should completely alter their prior Chapter 35 award letter and give them a much better limiting date for tuition benefits.

I will only know if that is possible when I get a proper resolve of my AO claim-I have never found any claim similiar to mine regarding Chapter 35 awards.

Edited November 8, 2007 by Berta

[tssnave]

Berta,

As always, thanks for the court citation. I'll print it off and if I get my IU P&T I'll pursue this further.

Thanks for your help.

TS

[Pete53]

They extended my oldest son to age 33

[luvHIM]

My former spouse is retired Army but claims not able to get son help for college. Son is 18.

So, my question: What does the VA consider to be "dependent" status. Son is not living with me. Can he be eligible for these benefits even though he does not live with me, if I am awarded the compensation benefits desired and DES is a part of my packet?

[stevedenesha]

As long as he is a dependent between the ages 18-26, they are eligible for education benefits (as long as your 100% P&T). My son is living in California; I'm living in New Mexico and paperwork shows this and my son is being paid for going to school in California.

Steve

[luvHIM]

As long as he is a dependent between the ages 18-26, they are eligible for education benefits (as long as your 100% P&T).

Great! Thanks! Now, 100% P&T = 100% Permanent and Total disability? Asking because I'm not sure. And, P&T is not the same thing or in the same catagory as TDIU or is it?