Chapter 35 Certificate Of Eligibility

[markerpower]

Hello,

I always wondered about this. I'm under chapter 35, go to school full time and have the Certificate of Eligibility which pays for my tuition. Before I started college, I was a resident of Texas, but when I started college I was becoming a resident of Louisiana. During the first year of college, the VA office I went to refused to give me the Certificate of Eligibility because they said I had to be a resident of Louisiana, which took two years to become. My parents were confused by this because they had friends whose children moved state to state and were still able to use the Certificate of Eligibility. Even now, I am a resident of Texas, but I go to a school in California; and VA pays my tution. The certificate states that I can use it anywhere in the U.S.

During that time they did send me the monthly benefits, but why couldn't they pay for my tution? Did I have to be a resident of a state to initially get it and then use it wherever I please? Was that some kind of Louisiana VA rule?

[markerpower]

I never received a denial letter from the VA because I never applied for it my first year at college. My parents and I personally went and spoke to a man at a VA office by the college I went to. He did the paperwork for the certificate, but the first time I went to him to apply for it, he said I had to be in the state for two years, and thus didn't submit anything. Maybe I should of called the VA help line during that time. I don't know. My family and I were new to the education benefits. I know this was some time ago, but the situation always bugged me.

[LarryJ]

You need to get a look at your "certificate of eligibility". Included therein will be some very important information such as your Possible Eligibility dates, usually two such dates exist. One will be for the earliest date that you could "elect" to start receiving your DEA, the other will be for a date nearest the date of the eligibility "letter".

If you choose (they will choose it for you, if you don't) the latest of these two dates, then they will start paying you your DEA from that date until you run out of eligibility (usually stated as a period of months in your "certificate of eligibility"). Problem with this date is that it can happen to be that you, for example, have 40 months worth of eligibility, but you only have, say, two years left before you graduate. Then they will get by with only paying you around 24 months worth of your possible 40 months of eligibility. Whereas, if you choose the earlier eligibility date.....the date that you either started your schooling, or the date upon which you became eligible due to the date that your "sponsor" became 100% P&T......then you will receive a retro check for however many months PRIOR to your issue of certificate of eligibility that you were actually, truly, eligible.

Just a little info that I thought was interesting. You can choose the earliest eligible date at any time.......as long as you have not run out of eligible "months". But, YOU must make the choice, othewise the all-seeing, all-knowing VA will choose the LEAST amount of possible eligibility that you are entitled to.

:D

[vaf]

I don't know if this pertains to the situation, but Louisiana has a state VA benefit, as well as Chapter 35 "federal" benefit. The state waives tuition for dependents of veterans rated 90% disabled or above by the VA, if the dependent attends a state college or university. However, there is a residency requirement. This is over and above the Chapter 35 benefit which is the monthly stipend paid directly to the dependent of veterans rated 100% disabled (or paid at that rate), permanent and total.

[vmo]

In Ohio, you can collect Chapter 35 dependents ed. benefits from VA and the Ohio War Orphans Scholarship (which pays your tuition at state university)--or comparative rate if attending a private college. I believe if the parent is wartime veteran and is 60% or more service connected, or if vet was KIA/active duty death wartime. The Ohio War Orphans Scholarship is a State benefit. I believe this is similar to what "vaf" referred to in Louisiana.

[deltaj]

Yes-many states do have tuition waivers and other special benefits for dependents of veterans.

I believe that one can obtain the Pell Grant and keep their Chapter benefit 35 too.

That info explains this better-but

"I was just wondering why they would not pay my tuition at first, and why I had to live in Louisiana for two years before they gave me that certificate and paid my tuition"

As long as the period of eligibility for the veteran parent - whose eligibility covered that enrollment-as determined in the effective date in their 100% P & T Award letter-I am at a loss as to why they did not give you the Certificate of Eligibility- I hope others here might have some better response.

I do recall that this certificate has to be formally applied for and I think the application comes with the VA 100% P & T award for the parent or spouse.

And I am sure that you made the formal application-

so this is baffling to me.

Do you still have the letter from VA stating why they refused to pay the tuition?

When my husband was first rated 100% in 1994 in California there was no certificate of eligibility for chapter 35. His first rating letter mentioned eligibility for chapter 35 retroactive about a year before notification. Later we moved to Montana and I requested extension of benefits for periods of disability under 38 U.S.C. 3512 (?) and included voluminous medical records with my request for extension which I mailed to V.A. within one year of the delimiting date I was given. V.A. granted almost a 7 year extension and sent me a letter detailing my eligibility for chapter 35 benefits and my right to elect a new beginning date for eligibility.

[Berta]

Delta -that is very interesting info-

when I filed my AO death claim in Feb 2003- the rep I had asked what monetary benefits I expected (I already get DIC)-and I mentioned the funeral expenses and CHap 35 -as to a better entitlement date-

The offset FTCA situation was clearly spelled out in the file he had on me and I didnt bring that up-because he suddenly said I would never get a better Chap 35 date.

As I understand the regs on Chapter 35-I and my daughter received this benefit in the award letter due to a posthumous VA decision-the EED for entitlement was 3 years prior to Rod's death so I was given 10 years after his death to use my Chap 35.It was based on posthumous 100% P & T award for PTSD.

My daughter's date was extended by her military service.

When the VA determines that a direct SC death should be awarded (my claim is set for decision now)

I expect a new Chapter 35 award based on the date of their SC death decision.

I dont know how that will go- but it is something I would fight for as this would have to become a new Chap 35 award for both me and my daughter.Based on direct SC death that would trumpt the prior Chap 35 award (I think)

I never saw a similiar situation at the BVA or CAVC and NVLSP said this was first of it's kind type of claim.

I mentioned this in my claim and the BVA mentioned other offset and ancillary benefits in their remand to the AMC if my claim succeeds.

I wonder if any other Chap 35 survivors and dependents got one delimiting Chap 35 date but might have had basis down the road for a better delimiting date.

I guess I mean- if the Chap 35 is based on 100% P & T and then the vet dies and the survivor proves SC death-

this should alter the Chap 35 benefits and extend them.

Perhaps VA does this automatically anyhow in the SC death DIC award letter.

But I wonder