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 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.

This is exactly the info I needed. This topic was a misunderstanding on my part. It's not the Certificate Of Eligibility I'm talking about, but the Fee Exemption Certificate. It seems only a few states offer it? If so, that's seems a bit wrong. It should be national. I guess it was a good thing I moved to Louisiana. The certificate has helped me greatly and I'm thankful for that.

[deltaj]

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

Berta, I failed to mention that my first extension of my chapter 35 educational assistance was based on V.A. General Counsel Precedent Opinion 56-91. Back in 1992 my husband in a Notice of Disagreement wrote something like, "When I got out of the service I was not service connected for . . . varicose veins . . . yet you state I am not permanently and totally disabled and unemployable." V.A., of course, did not review his service records which showed several references to varicose veins not show shown on his enlistment exam. During the appeal period of the 1994 rating which granted a permanent and total rating on another service connected condition I finally gleaned the fact from my husband that the hospital he had surgery at in 1964 for varicose veins a few months after his discharge from the Army was near the lack in Santa Rosa, California. I called Santa Rosa Police Department and asked if they had a hospital near a lake in Santa Rosa. The answer was yes and they supplied the name of the hospital, Warrack Hospital. I called Warrack Hospital and they advised that my husband's surgeon was still practicing medicine. The end result of this was that the medical records on the surgery was obtained and submitted to V.A. in support of his pending claim received 1-7-92 and service connection was granted for varicose veins effective 1-7-92. WHEN V.A. ORDERED ANOTHER EXAMINATION ON MY HUSBAND IN ABOUT 1995 FOR THAT SECOND SERVICE CONNECTED CONDITION VARICOSE VEINS APPARENTLY MY HUSBAND WAS NO LONGER CONSIDERED PERMANENT AND TOTAL BECAUSE A FUTURE EXAM WAS SCHEDULED. THIS MEAN V.A. HAD TO ADDRESS THE ISSUE OF ENTITLEMENT TO CHAPTER 35 BENEFITS IN THE SUBSEQUENT RATING DECISION AND THE LETTER NOTIFYING HIM OF THAT DECISION. EVENTUALLY WHEN I READ V.A. OPG PREC 56-91 I REALIZED I WAS STILL WITHIN 10 YEARS OF THAT NOTIFICATION LETTER SO I THEN USED 38 U.S.C. 3512 TO SUBMIT A REQUEST FOR EXTENSION WITHIN 1 YEAR OF THE NEW DELIMITING DATE AND ALSO SUBMITTED MEDICAL RECORDS SHOWING I WAS DISABLED FOR MOST OF THAT 10 YEAR PERIOD.

Edited February 12, 2009 by deltaj

[deltaj]

The VA pays both my tution and the $915 a month for being full time.

I gather you are getting the $915.00 a month from chapter 35 dependents educational assistance. Under what program is V.A. paying your tuition?

[markerpower]

I gather you are getting the $915.00 a month from chapter 35 dependents educational assistance. Under what program is V.A. paying your tuition?

I learned that Louisiana is paying. You can read about it at http://www.legis.state.la.us/lss/lss.asp?doc=85513. It seems only a few states offer it? Good thing I didn't move to Virginia because I think I would have to wait 5 years to get it.

[deltaj]

As far as the Pell Grant question...yes. My son goes to college this way...he gets a Pell Grant, State of Ohio grant and his Chap 35 benefit.

It is my understanding that the reason Pell grants can be received with chapter 35 if that V.A. compensation is nontaxable and Pell grants count taxable income.

[purple]

Not that I know of....never heard of that.