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My Daughters Using "ch 35 Benefits"


mr c -rock
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Question

I just finally got my decision on my total and permanent. Wow they approved it.

My question is below quote below “Period of Eligibility”

• In 2002 - 2003 I was attending college with my oldest daughter when I started having flashback and had to be admitted to the VA mental ward where I found out I had an illness, “PTSD”. Because of my illness, I had to drop out of college and send my daughter home to GA from FL. I been Homeless and I went thru PTSD programs at Bay Pines and Tampa VA

• In 2004 was finally awarded TDIU.

• In 2005 I applied for permanent and total disability and was denied.

• In 2008, after waiting 2 year, I would like to use my benefits to send my daughters to college. Times have passed. My two daughters ages 23 and 25.

o The “Period of Eligibility” is from the ages of 18 and 26 and they talk about an extension to the age of 31 if you are in the Armed forces.

o My Daughter are from the ages of 23 and 25, the time to use the benefits for my daughter are closed or closing fast.

• Since 2005, I have been applying for T&P and been going thru appeals and now I have my benefits in 2008.

• Do my daughter get and extension on their benefits because the 25 year old will be out of range to use them in March of 2009 because she will be 26.

QUOTE FOR:

“Period of Eligibility”

http://www.gibill.va.gov/pamphlets/CH35/CH...let_General.htm

If you are a son or daughter and wish to receive benefits for attending school or job training, you must be between the ages of 18 and 26. In certain instances, it is possible to begin before age 18 and to continue after age 26. Marriage is not a bar to this benefit. If you are in the Armed Forces, you may not receive this benefit while on active duty. To pursue training after military service, your discharge must not be under dishonorable conditions. VA can extend your period of eligibility by the number of months and days equal to the time spent on active duty. This extension cannot generally go beyond your 31st birthday, there are some exceptions.

My Veteran brother, Please Help, I do not think like I did before. and I feel like crawling into a corner and not dealing with it. But this is for my daughters future and I would like for to have a good education. I do not ask for help much, But, I need it.

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  • HadIt.com Elder

Congrats on your win.

Yes your daughters can get their benefits as they can make a choice. They can choose to exercise their right to the benefits and have 10 years to finish they can go to the people at their school and get proper counseling.Many States offer additional benefits.

Good Luck

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The age of the dependents and the EED for the P & T control these CHap 35 decisions.

it took over 6 years for my husband to be awarded 100% P & T- he was dead for 3 years or more by then.

My daughter and I were given a 1994 delimiting date (the date of his death)as the beginning of our CHap 35 entitlement.(even though we got the award letter in 1997)

In non-death CHapter 35 awards the limiting date is determined by the EED the VA gives to the vet for 100% P & T.

It is highly advantageous for any dependent to apply for Pell Grants or whatever they need and to begin thir education without depending on s future CHap 35 award.Time passes fas and soon they are 26 and no benefits-

Because- CHAPTER 35 payments can be retro-if they fall into the award EED.

I understand Pell is not a bar to CHAP 35-the student can get both-as far as I know-

My daughter just got out of the Mil and applied for CHap 35-some time ago-

She sent them the award letter she got re: Rods 100% P & T award and her DD 214.

The dopes gave her an award for a little over one month- she was about to turn 26.

I wrote her NOD and 3 weeks later she got the award for one month and seven years.(her Mil service period)They had quickly corrected their error.

BUT in her case her age was the limiting factor- as those regs you posted say here-except for this-

Had she not gone into the mil and had paid for say a BS degree herself then she could have used the posthumous award letter to get a recoupment for her tuition-and they would had continued to pay until she was 26 years old.A recoupment back to the 100 P & T EED.

They extend that age limit in a few circumstances.The BVA has cases regarding this extension- but I dont think they extend it much.

Chapter 35 is a two edged sword-

I had half a degree but hesitated to finish it until the VA awarded the posthumous 100% P & T.

The EED however only gave me as a widow- a few years left to use the CHAP 35-

They did pay about 12, 000 I think towards my degree but I have paid thousands in past few years myself when the CHap 35 ran out-.

When the VA properly awards me the AO death claim-I have my tuition receipts and will send them to VA Edu and get this money back as they will have to give me a better delimiting date for Chap 35 due to a completely different type of award.

My daughter will get that better EED too.She is 6 credits from BS and has the GI Bill for her Masters and some Chap 35 left too-

For anyone out there in similiar circumstances-

a vet who paid for the GI bill and also has Chap 35 can use each but one at a time and must juggle the delimiting dates of both.

In awards of Chap 35 due to 100% SC P & T in the vets lifetime-and then the vet dies as NSC or 1151-

upon proof of a direct SC death-if the survivor continues the DIC claim-the VA must make an award for CHap 35 that trumps the older award date-and is obviously more beneficial to the survivors as the EED becomes date of vet's death.

They must be enrolled in a VA approved college.Most of the colleges are VA approved and have web sites to check that on.

Chapter 35 is for tuition only.

There is also a grade GPA they must attain.

They might be able to get some sort of book grant.I hope so- my books were staggeringly expensive but the USMC paid for them-(MCA)All colleges have a bookstore too with used books at fair prices.But sometimes they dont have the newest texts the student needs.

there are many state programs too for tuition assistance etc in most states.

And the Pell Grant info is on the web.

Edited by Berta
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  • HadIt.com Elder

I believe 38 CFR 21.3040 covers Chapter 35 benefits. Additionally, the money is a stipend and the claimant can use it anyway she/he wants but requires it satifactory attendance and grades. Age can be extended to 31yo and sometimes longer.

pr

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