tdiu Cavc Stay On Chap 35 Case

[Guest Berta]

Does anyone have any info on the Stay proceedings order by the CAVC on July 19,2005 re: Friedsam V Nicjolson?

Basically this widow took the VA to task on the unfairness of Chap 35-

I suggest that when you are declared P & T by VA -have your kids apply for Chap 35 immediately even if they are still minors!

Chap 35 regs are a crock!!!!!

As a widow my Chap 35 were ten years limiting-

I received the Chap 35 award letter in late 1997 and felt I had until late 2007 to complete my education.

But widows are limited to 10 years after death- so in my case or in the case of Ms Friedman above (who the VA took NINE years to grant her DIC)

the veteran's dependent children were too told (over 26) to be eligible for DEA (Chap 35)

I have read numerous BVA cases re Chap 35 as a friend of mine with new retro award of 100% P & T finds that it isnt covering the years he had to pay for college for 3 kids while he waited fr a proper VA decision.

This is a crock- I thought just widows and surviving children were being screwed but the VA is clearly denying Chap 35 to many dependents whose valid argument to the VA is

how can one apply for Chap 35 when they have no eligibility?

The VA regs suggest that a dependent (whether they know if they will ever be eligible or not) has to apply for DEA even if years before the P & T is awarded!

I say, using that VA logic that any vet with an SC disability below 30 % should apply for TDIU-even before the medical evidence warrants it!

As well as have their kids apply for Chap 35.

Of course that wont fly- so why should this-

I was sent two DEA applications with my award letter- stating Rod was 100% P & T

back to 1991. I got the letter in late 1997. The ten year delimiting date was not based on when I learned of my eligibility but on his date of death, Oct 14, 1994.

Well they cut off my Chap 35 in Dec 2004 and I have continued to pay my tuition myself and I think I Nodded the letter but need to duble check that today-

as when my present claim succeeds I expect another delimiting date-which I better get! After I graduate next spring I am enrolling into another degree program-

this is one big crock- here I find out many Chap 35ers aside from being survivors who get snookered are being denied too-

The CAVC order is two part-

There is a stay for 10 days following the Per Curiam (dated July 19th 2005)

Also the "parties" Friedsam and Nicholson should try to reach a "Mutually agreeable resolution of the case pursuant to 38 USC 5113 (:P or any other means-

where would to public's right to know provide the published resolution?

It is Sept 14 and I find nothing at CAVC yet on this-

maybe it is a secret so other vets and claimants cannot take advantage of it?

I guess I will have to contact the attorney representing this widow at CAVC (if she has one)

I am pretty thrilled that a widow has taken them on over how unfair Chap 35 is to all of you-

Say your child has excellent grades in high school but you cannot afford to send them to college.

Say after they struggle to get through college with your help, you get 100% P & T with a retro date that occurred during their college time-and the Chap 35 app-

for your dependents-

The VA MIGHT pay them one year retro tops if that-if they are still in school.

Wouldnt the VA have a responsibility to send every veterans dependent a Chap 35

application with each initial grant no matter if it is 10% and even not P & T?

The VA's position seems to be that only if prior application is made can retro be paid-

so they should send the application to every veteran's dependent -even if they are 3 years old!

I am really ticked at this whole situation-

and I am still ticked at the errors that VA Education dept made on my educational claim as well as my kids claim- which they fixed real fast-the errors occurred because they cant read.

Sorry for long gripe- ANY info at all regarding this Stay on 03-1432 Friedsam will be greatly appreciated.

The BVA in 2003 actually stated that she should have filed DEA applications with her DIC claim! That is outrageous.

The BVA cannot make up a new reg! ;)

[Guest Namvet6567]

If you haven't filed for P&T status already, do it now. I would have her apply for Chapter 35, now, even though she'll be denied, it may offer some protection. No harm in her filing now.