Chapter 35 Need Help

[Guest phubai70]

Timeline

My 100% disability date was September 18 2002.

My son was 25 years old at that time.

He did not turn 26 until eight months after eligibility.

My award letter states: Basic eligibility to Dependents'

Educational Assistance is established from

September 18, 2002.

He has an associates degree from before my claim.

He wants to go back for his Bachelors.

Questions -

Can he apply (age 28) to finish bachelors?

What forms?

Submitted to who?

[Guest Berta]

Hey- Phubai- glad to see you here-

The Chapter 35 set up seems to state that only military service can extend that benefit beyond age 26-

However if I were you- I would go to the VA educational Icon at VA web site-

and specifically ask that question there- through their inquery system-

Chuck this will give you- hopefully an email response from a real person at Chap 35-

The Chapter 35 regs are really difficult to interpret- the dependents get a delimiting date that is based either on the date of P & T award or the date the P & T began medically-

I still have great difficulty in interpreting these odd regs.

As I understand it- a dependent under Chap 35 can also receive Pell and other forms of college aid and scholarships-with no loss to their Chap 35 award.

My kid needs 3 credits for her bachelors and is already enrolled at my school AMU under Chap 35 for Masters program-

She seems to interpret the regs as stating that- even though she has paid for some of the courses she has taken via Dantes and Clep-(they gave her 30 credits for her military service,MOS, and other inservice stuff)

she feels VA wont reimburse her past expenses -doesnt want to ask them too-and is quite satisfied that the award will cover her Masters- she has the GI Bill too.

(But I think they owe my baby some money-she doesnt)

You are sure not alone in attempting to see if your son should be getting additional Chap 35 benefits-

Was that date- the day the entitlement "arose" or the day they sent you the P & T decision?

In my case- reason I ask- they gave me the P & T decision in late 1997- but the entitlement date was Nov 1991- of course as a widow, my Chap 35 regs are different than your sons.

I didnt know for 6 years that I had eligibility because it took them 6 years to award it-

it had never been denied-

so I put off my education and now am paying for it myself- as Nov 2004 it ran out-

I still consider myself Chap 35 however- my 2003 claim will extend it all- when they properly decide that-

In your son's case- did he have a choice of dates to pick as to a start date?

It should be, in my mind, back to the day your entitlement -by med evidence-arose for the P & T date.

And if a vet can successfully challenge that date- their Chap 35 dependents can get a new more favorable delimiting date.

PS- if this is the Buffalo VA Ed dept-- direct your VA inquery to Robert Quall---

or (almost forgot-better yet) by direct email to

BUFFRPO@vba.va.gov

Edited December 29, 2005 by Berta (see edit history)

[Pete53]

Yes he can and he should choose the date of notification for his start date on the benefits. He will have to get a waiver but its routine after an application and being turned down. If he has his paperwork done correctly when he enrolls a copy of his degree plan and will probably get his first check within 60 days.

[Guest phubai70]

Pete - My son has filled out the Application for Survivors and Dependents Educational Assistance

VA form 22-5490. I will emphasize the importance for having his degree plan completed.

I believe he then presents this to the admissions dept when he re-enrolls in college.

The "choose date of notification" - is that notification of eligibility?

The eligibility date is Sep 18, 2002 but the notification letter is dated July 7, 2003.

Where does he choose his start date?

If denied how does he apply for waiver?

thanks pete

chuck

[Pete53]

I think that he has it just remind him that they will ask him to elect which date he shopud choose would be the latter date in my opinion. For my 35 year old son that made a big difference it enabled him to make a career change.

Don't sweat it you have covered the bases.

Good Luck

PS he can get part time work that pays pretty good for college if he is interested that the VA will pay him.

[Guest phubai70]

thanks for taking point on this one pete

chuck

[Guest Berta]

Pete- thanks alot-

do I understand you that your son could chose between the entitlement date- the date you were deemed P & T if that was better date than the award letter date?

This is great information-and it seems fair-

I have a vet friend who it took the VA 12 years to award 100 P & T- he was 100% P & T for the entire twelve years-

His children have submitted their college bills they paid during that time to the VA-

along with his award letter- did they handle that right?

Will VA reimburse them?

They had never applied for Chap 35 before because all those years he was considered NSC and homeless for a time-

(This still makes me mad- the VA kicked him out of the DOM because he was not SC but the reality is that he was at that time-Pete isnt it a disgrace that a vet who is found SC after many many years has to go through stuff like this- he was elated when he got the award letter- but then realised all those years his kids could have been on Chap 35 and CHAMPVA-) his kids did very well in college but what a struggle they had financially)

Did your son apply for Chap 35 before he was 26?

[sixthscents]

My wife who had already completed her Bachelors, went thru Chap 35 for her Masters at the age of 36. I am unsure if there is a difference in requirements i.e. age of spouse vs. age of child. However, they paid for it, and they automatically selected the most advantageous date for her entitlement date.

However, I am unsure if they will backpay for the member who asked about his childrens PAST bills. It would make sense if they did, but the VA seldom does. Hopefully though....

[Berta]

I sent them a letter years ago regarding a question on my daughters Chap 35 and they sent me back a nice letter reminding me that she would have to ask this herself.

DUH! Of course- she is an adult-it is her Chap 35 , not mine that I asked on-

I am a Senior citizen and they have paid 10,000- 12,000 maybe more under Chap 35 for me-

Benefits for wives and widows /widowers I think are different then for children-there is the age limiting date of 26 for children of vets under Chap 35-unless mil credit-

Dont know what question this actually referred to but the student themselves must app on the Chap 35 form and tell them if they have already paid any past school benefits.(and send proof)

If they fall within the Chap 35 entitlement dates -determined by the veteran's award letter- the VA might well reimburse the student-but not the veteran-with the 100% P & T award-

They even asked me to send them bills from my past college but I wrote back to them I was not entitled, by VA regs, to any past retro Chap 35.

This is a GREAT program-

My daughter's delimiting date is extended by her 7 years mil service-

and she is getting her Masters next year under Chap 35.

I have to pay for my college myself now- I am beyond the limiting date but when my present claim is resolved that limiting date will change and the VA will continue to pay for my degrees.

So I am saving all my tuition bills-

The VA web site has Chap 35 info but it is not easy to get through-

and sometimes their VA edu people make errors but they fix them pretty quick.

[robert51]

Yes he can and he should choose the date of notification for his start date on the benefits. He will have to get a waiver but its routine after an application and being turned down. If he has his paperwork done correctly when he enrolls a copy of his degree plan and will probably get his first check within 60 days.

I am also a little confused i received PT in Oct 05 but it was dated back to when i filed a NoD and that was 3/04 well my daughter started college in June of 04 and i applied for her benefits in Dec of 05 right after i was notified i received PT well the Chapter 35 people are telling me they will only backdate one year and as they are still working on the application i figure the longer they stall the less it will cost them , they are saying when she is approved they will go back one year and that does not seem fair to me as the benefits are dated 03/04 but i did not know i had them till late 05, if they go back one year only can i appeal ?

[Berta]

Robert -that VA decision does not make sense and I agree with you-

I would first try to get an inquery at the VA web site and send it Attention: whoever at VA Edu Dep who signed the letter.

State it like you did here -it makes complete sense-

Are you dealing with Robert Quall and the East Coast VA edu in Buffalo NY? I have their email addy if you deal with them-

Then-if that doesn't help- at the VA web site is the Chap 35 rigamorale-and the reg you need might be there-

If that doesn't help I suggest you go to Chapter 35 of the US Code-and find the specific statement of the entitlement dates-

http://www4.law.cornell.edu/uscode/uscode3..._III_20_35.html

I think I used Subchapter two info-

I would file this as a NOD with the VA Educational Department that is handling this claim- they are separate from the VARO and it should not take too long to get their reply-

I had to send them their own regs for my Chap 35- and then my kid had to for hers-

after we both received the wrong Chap 35 decisions-

Unfortunately "VA Education Department" is sometimes an oxymoron.

Also- I saw another reply here -- the VA does not send any Chap 35 money until they have proof that the tuition has been paid. Usually the student has to have been actively in the course for about 4 weeks too-I think---

All colleges have a VA counselor and it is good to tie in with the VA counselor and the Chap 35 people by email, this means - when you pay the tuition, you can email them both with this info, course name, professors name, your student ID number , length of cpurse too-etc-

and co-ordinate these payments so they go smoothly-

well they go sort of smoothly-----