ptsd Dea/(chap 35) Mumbo Jumbo

[Berta]

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; ( 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?

[carlie]

Berta,

Don't they owe you back the off-set money too ?

carlie

[LarryJ]

Berta, what impresses me the most, out of all this, is that you have a guy coming all the way from India to fix your PC!

[Philip Rogers]

Larry, you'd think with all her money (lol), she'd purchase a new notebook, which would be cheaper than flying someone round trip from India. I paid under $400 for my Acer Aspire and less than $300 for my Acer Aspire One, mini. Much cheaper than the $2k+ I wasted, about 2 yrs ago, on my HP notebook. Nowadays you can purchase a new one cheaper than repairing.

pr

Edited June 22, 2009 by Philip Rogers

[Berta]

This was funny stuff guys-

Actually my PC man is in India on PC business.He got me back on line the day before he flew out but this PC is shot-4 years is about my limit-on PCs

Carlie Yes they sure do- they owe me the offset and I have call in for the Regional COunsel up here to square that away.

I waited for 6 years for a finally proper award on my husband's death- diabetes mellitus causing fatal heart disease with multiple strokes contributing- due to Agent Orange.

What I got was a direct SC death that left out the herbicide stuff and any mention of ancillary benefits.

The BVA however in prior decisions to me stated the offset would have to be refunded and that ancillary benefits would have to be awarded to me upon direct SC death award.

That is also spelled out clearly in VA 101 case law.

The attorney I spoke to at regional counsel this AM asked me why I called them and didnt bring this up with the VARO as to the offset but I told him they employ illiterates at my VARO.Lawyers however know how to read.

[deltaj]

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; ( 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(:D(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?

There is a V.A. General Counsel Precedent Opinion that includes the phrase delimiting dates in the title and concerns the new delimiting date being from the new notification. Also I recently saw another newer post here on hadit concerning a law enacted in 2000 that allowed dependents to go on educational benefits from the date of P&T status. Someone posted the pertinent section of the 2000 law in large print on hadit.

[tssnave]

Berta,

My recollection and the way I understood it, you can only have up to 48 months max VA education benefits no matter how you get them (from being in service or Chap 35). When I got my 100% P&T we were dismayed to find out my spouse could not use it to get a Masters degree. We had both been in service and used all our GI Bill and there is a 48 month cap on the combined number of months you can use for any gov't education program be it the GI Bill, the Montgomery Bill, etc, or VA Chap 35 education benefits (see page 8). Given the cap, I would assume that you wouldn't get a "second round" of Chap 35 benefits or benefits over the max number of months allowed.

Here is the link to the Chap 35 education benefits pamphlet:

http://www.gibill.va.gov/pamphlets/ch35/CH35_Pamphlet.pdf

It's been over a year since I looked into this so if you read it another way, please let me know.

Thanks,

TS Snave

Edited July 14, 2009 by tssnave