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?

[Berta]

Yes TS that is correct-

but I paid for most of my degree myself.

I am assuming that they must make a new Chapter 35 award because the SC death award requires it and then they will deduct what I used up already and give me more eligibility time ???

Or at least I do expect to get refund on what I had to pay myself to finish degree-

I need to check some BVA decision on this-

It is highly likely that a survivor would have CHap 35 as spouse and then as a survivor due to direct SC death.

I think I stated this wrong before- my CHp 35 ran out but what I actually meant was I let years of eligibility go by before I decided to use it.It was the limiting date on survivors CHap 35 that I allowed to run out.

Survovors Chap 35 is different from spouses CHap 35.

[tssnave]

Berta,

Yes, that's how I would interpret it - if the issue is one of time to use chap 35 and not months of benefits used - I would agree that the clock should start ticking again on your new chap 35 benefits and that any months you used on a previous chap 35 award would be deducted from the max allowed leaving you a remainder of months that you could now use within the time limits for this second award of chap 35 benefits.

Also, if the 6k you spent for education was after your first award expired but within the retro timeframe for this award and you did not reach the 45-48 month limit the first time around since it was time you let run out and not money, then it stands to reason that you are entitled to retro reimbursement for either the 6k or for the amt of months/money up to the max months/money allowed.

I agree with your reasoning and logic.

In a perfect world the VA would do this right the first time you submitted it but the odds aren't in favor of that.

Let us know what you find out with BVA decisions and how this plays out.

Thanks,

TS

[broncovet]

Berta

Try reading this instead:

http://www.gibill.va.gov/pamphlets/CH35/CH35_Pamphlet.pdf

A pertinet part, I beleive is (quoting the VA pamphlet)

If you’re an eligible surviving spouse and the veteran died of a service-connected disability, you may choose the beginning date for your 10-year period of eligibility. That date must be between the date of death and the date we determine that the death was due to service-connected disability.

Veteran Had Permanent and Total Service-Connected Disability at Time of Death

If you’re an eligible surviving spouse and the veteran had a permanent and total service-connected disability at time of death, the beginning date of your 10-year period is the date of death.

Veteran Died on Active Duty

If you’re an eligible surviving spouse and your spouse died on active duty, your eligibility period is 20 years from the date of death.*

*Note: This is a change in law that became effective December 10, 2004. If you were previously eligible based on your spouse’s death on active duty, and your 10-year eligibility period expired before December 10, 2004, you now have a new eligibility period of 20 years from the date of your spouse’s death. However, in those cases we can pay only for training that began on or after December 10, 2004.

Example: A veteran died on active duty on July 1, 1985. Until the change in the law, the surviving spouse’s 10-year eligibility period would have ended on July 1, 1995. Now, the surviving spouse has a new eligibility period ending on July 1, 2005. However, VA can pay only for training that began on or after December 10, 2004.

I interpret the "Note" to mean you have 20 years, not ten.

However, when my son got Ch. 35, I seem to recall that he could only get "retro" for 2 years, but I am not sure if that is just his situation or everyones. When my son got his Ch. 35 letter of eligibility, there is an election date he has to pick. That is, he gets a maximum of 48 months (I think this number is correct) of benefits, but he gets to pick what date he wants to start on, as long as it is AFTER my effective date of P and T.

I went with him to his school Veterans benefit counselor, and they seemed very knowledgeable. The VA has lots of rules they did not used to have as far as payments on Ch. 35. For example, classes that you take which do not work toward your degree wont count towards full time. Also he gets benefits only while he is actively attending classes, not during the summer or breaks, except in special circumstances.

Hope this helps.

[broncovet]

Berta

Also try the Educational Ch. 35 FAQ's located here:

https://www.gibill2.va.gov/vba/vba.cfg/php....0&p_cats=10

[Philip Rogers]

I believe it's 45 months.

pr

§ 21.3020 Educational assistance.

The program of educational assistance under 38 U.S.C. Chapter 35 captioned Survivors' and Dependents' Educational Assistance, may be referred to as Dependents' Educational Assistance.

(Authority: Sec. 309, 90 Stat. 2383)

(a) General. A program of education or special restorative training may be authorized for an eligible person who meets the definition contained in §21.3021.

(b) 45 months limitation. Educational assistance may not exceed a period of 45 months, or the equivalent in part-time training, unless it is determined that a longer period is required for special restorative training under the circumstances outlined in §21.3300© or except as specified in §21.3044©.

(Authority: 38 U.S.C. 3511(a), 3533, 3541(b))

© Courses in foreign countries. A course to be pursued at a school not located in a State or in the Philippines may not be approved except under the circumstances outlined in §21.4260.

[30 FR 15631, Dec. 18, 1965, as amended at 31 FR 6773, May 6, 1966; 34 FR 841, Jan. 18, 1969; 38 FR 14931, June 7, 1973; 43 FR 35289, Aug. 9, 1978]

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

[Philip Rogers]

I've got an interesting question. Can a spouse who received Chap 35 bennies from a previous spouse receive new bennies when he/she remarries another P&T vet? I would think they could.

pr