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Dea/(chap 35) Mumbo Jumbo

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Berta

Question

Educational assistance shall not exceed 10 years after one of

the following last occurs: (A) The date on which the

Secretary first finds the spouse from whom eligibility is

derived has a service-connected total disability permanent in

nature; (:unsure: The date of death of the spouse from whom

eligibility is derived who dies while a total disability

evaluated as permanent in nature was in existence; © The

date on which the Secretary determines that the spouse from

whom eligibility is derived died of a service-connected

disability. 38 U.S.C. § 3512(B)(1) (West 2002); 38 C.F.R. §

21.3021(a) (2008).

OK- I received Chapter 35 when Rod was declared 100% SC P & T due to PTSD a decade ago by the VA.

My Chapter 35 ten year entitlement ran out so I paid $6,000 in tuition to finish my degree at AMU.

You all know I got a direct service death award letter.Which I complained about to the VARO and they cannot give me a status yet.

One of the numerous errors in the letter was any statement at all as to CHapter 35.

The statement also has to cover my daughter -who has her Chapter 35 Certificate and also has time left to use it as they added in her 7 years of mil service to her entitlement date-(3 weeks after they got NOD on the wrong date)

so this affects both of us.

Do you all interpret the above to mean-

if the 'one of the following last' occurred-meaning my AO death award letter-May 13,2009 was last-

doesnt the VA have to send me a new Chapter 35 award-and my daughter- and

is that what I need to recover the 6,000 bucks?

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Berta,

I only read thru it twice but I think this one applies to you and your

daughter's situation.

carlie

The

date on which the Secretary determines that the spouse from whom eligibility is derived

died of a service-connected disability. 38 U.S.C. § 3512( B) (1) (West 2002); 38 C.F.R. §

21.3021(a) (2008).

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  • HadIt.com Elder

Yes. They owe you another Chap 35 starting on 13 May 2009. The clock started ticking on 13 May 2009 for 10 more years. :unsure:

Your problem being finding someone that actually works for the VA that can understand their own convoluted reasoning (as if they HAD any reasoning ability).

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Thanks Carlie and Larry-

I am at the point that I even doubt what the regs actually say!

I have the offset FTCA regs too- another thing VA avoided in my decision but I am contacting VA District Counsel today and bypassing VARO on that.

The CUE that BVA denied on this years ago (which like a dope I didnt appeal to CAVC)

was awarded by the same VA district counsel when I re-opened my claim.

So I know at Buffalo VA there is at least one person who can read.

I am disheartened by this award letter-

for 6 years I supported a herbicide death claim.

The BVA decision awarded direct SC death due to AO.

The VARO decision however ignored this main facet of the claim.And didnt even Nehmer which adds another monetary facet to the proper award.

And again they made no SMC statement nor any ratings whatsoever for DMII, CAD due to DMII and CVA due to DMII.

This is what I have 2 CUES pending on-under 1151 filed in 2004 but this award letter should have rendered those CUES moot with proper ratings and SMC award as accrued.

The more I read this award letter the angrier I get.Someone took about 5 minutes to prepare it and missed everything or they deliberately decided to send out an award letter that doesn't even cover basic VA regs.

My PC man is coming back from India on Friday and will fix me up-

that too has been miserable to deal with -I started to have major PC problems right after the BVA award letter came-that can be very stressful.

Edited by Berta
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  • HadIt.com Elder

Berta, I'm not sure on this one and you didn't mention if you used any of those previous Chap 35 benefits. That may or may not make a difference. Then again, if it's based on a CUE, the issue should be moot. I'd pursue the claim anyway, and not worry about whether others think it's frivolous. rofl jmo

Here's a couple of questions: If a vet remarries is the new spouse eligible for Chap 35 benefits and if so when?? Suppose the new spouse was previously married, to another vet, and used Chap 35 bennies from him/her, would they be entitled to continue for an advanced degree???

pr

Thanks Carlie and Larry-

I am at the point that I even doubt what the regs say!

I have the offset regs too- another thing VA avoided in my decision but I am contacting V Counsel today and bypassing VARO on that.

The CUE BVA denied on this years ago (which like a dope I didnt appeal to CAVC)

was awarded

Edited by Philip Rogers
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Great questions-

I will try to find answers for you Philip-

Yes I used the Chap 35 award I got in 1997 but it ran out -

the VA did pay quite a bit but I had to pay $6000 more to finish my AMU degree.

I think I am eligible for refund of the 6,000.

And my daughter only needs 2 credits for BS but with her fed job it has been difficult for her to finish it-time wise-

she also has GI Bill but that too has a time limit.

She was planning on using Chapter 35 for her Masters at AMU.Her Chap 35 eligibility under Rods 100 % P & T Award was extended until 2012.

But as we seem to agree here on the regs I posted -the VA has to make a new Chapter 35 award to her too.

I am emailing VA Edu today to see what is what-

I filed a NOD on their decision to cut off my Chapter 35 although they were right at the time-

and I asked them to maintain the NOD as I expected to prevail on direct SC death award and a new eligibility date.

I cant find a single case like this at the BVA.But as Rick Spaturo (NVLSP) agreed with me last time we talked- direct SC trumps everything else.

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