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?

[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-----