Chapter 35 Dependant Educational Benefits

[11bush]

I was awarded IU P&T at the beginning of August 2009.

I have 2 children who are 23yrs and 25 yrs. [i have 3 others that are older, 30 plus]

Are the 23 and 25 eligible for the FULL allotment of Chapter 35 DEA monthly benefits because when I was awarded IU P&T they were still between the ages of 18 and 26?

I'm thinking THE CLOCK STARTS FOR THEM NOW because I have just been awarded the IU P&T.

I realize the basic regulation states education benefits for children between 18 and 26 yrs old but seems I have heard about this exception somewhere.

Otherwise the 25 yr old could only get about a year of benefits at most and the 23 yr old maybe about 3yrs.

Thank you.

11B 1969,

Gold Star Brother, Tet 68

[broncovet]

I had the same thing happen. I am pretty sure, once you START on the ch. 35, they dont kick you out of it for being too old, unless you are not making education progress.

Have your kids apply ASAP, and they should get a certificate of eligibility. They can apply through the school, at least that is the way my kids did it.

[broncovet]

Dont even think about getting your kids their money this fall. My son started applying in April and no money yet. He probably wont get it either, for many more months. The whole program is just another VA disaster.

Read about it here:

http://www.vawatchdog.org/09/nf09/nfaug09/nf082809-1.htm

And, it got even worse this past week:

http://www.vawatchdog.org/09/nf09/nfsep09/nf090209-1.htm

Dont think that just because your kids are not post 9-11 gi bill it wont affect them, it messes up everyone, including Ch. 35.

The VA had 13 months to prepare for this so they sit on their duff and wait until the last minute. Shinseki had 9 months and claimed the VA was ready for the New GI bill when they were no where near close. This is upsetting a lot of people..Vets are used to getting jacked around for years by the VA, but new students are not.

Edited September 2, 2009 by broncovet (see edit history)

[LarryJ]

I had the same thing happen. I am pretty sure, once you START on the ch. 35, they dont kick you out of it for being too old, unless you are not making education progress.

Have your kids apply ASAP, and they should get a certificate of eligibility. They can apply through the school, at least that is the way my kids did it.

Yes, they will be eligible for the full 45 months of the DEA. I have a son, who, by the time I finally qualified was too old, BUT, my EED was a year before and, by the time the retroactive date kicked in, he was just under the wire as far as his age and my effective date were concerned (he made it by, like, three months), that was almost a year ago and he still has 36 months of eligibility left, enough to carry him through this last semester of his masters degree and his two years of his doctoral program.

You need to be aware of something........due to the post 9/11 GI bill, there is a pretty big backup of GI Bill school applications, and, as the Chap 35 and the GI bill applicants are handled thru the same VA office's (there are, like, 4 or 5 regional offices across the U.S. that handle the Chap 35 DEA benefits. Ours is in Muskogee, OK and we live in Texas).

Anyway, the DEA is a great thing and has enabled our Son to go further with his education. I'm sure you'll find the same to be true with your kids.

[sharon]

http://www.va.gov/ogc/docs/2004/PREC82004.doc.

[Berta]

MY daughter and I are both Chapter 35ers.

In her case she applied for the Certificate of eligibility one month prior to her 26th birthday.

The regulations and even the application state that the age limit is extended by military service.

She got the Certificate for one MONTH of Chap 35, even though she had sent them her DD 214 and filled out the part about her 7 years Military service.

Obviously VA EDU Dept is an oxymoron.

I prepared NOD for her, again with the App, copy of her DD 214 and also this time I enclosed the actual regulation. 3 Weeks later she got 7 years extention to use her Chap 35.

I think they are going to hold to the 26 years of age date end of entitlement in your case unless your adult children had paid for education prior to age 26 at a VA approved school after the EED for your 100% P & T date.

I too was told I had 45 months of entitlement but the VA cut me off ten years after the date of death of my husband-

survivors using Chapter 35 have only ten years in which to use their CHAP 35 benefits.

I had to pay 6,000 myself to finish my degree which I just asked VA edu to refund to me.

My prior entitlement was based on the vet being 100% P & T SC when he died.

I just got award for direct SC death with no statement at all as to the Chapter 35 entitlement.

It is my opinion that not only does VA owe me the 6,000 but also a new Chapter 35 eligibility based on the new award-for me and my daughter.

I will let all know how this works out- I cannot find a single case like it.

Direct SC death trumps their past Chap 35 decision.

This is a wonderful benefit for veterans dependents.

My school is fully VA approved and also deals mainly with the GI Bill.

(American Military University)

It is imperative to check at any college's web site to make sure they are fully VA approved before attempting to use Chap 35. MOST schools are but some aren't.

Larry presents a different DEA experience with his son-so don't be discouraged as I could be conpletely wrong on the age 26 limit-

I needed to get a degree to be able to read the Chapter 35 regs for survivors and I still don't quite comprehend them. B)

Edited September 2, 2009 by Berta (see edit history)

[11bush]

I'll let everyone know how it turns out as I go through the Chapter 35 process.

Thank you everybody for your input. Much appreciated.

[Dinero]

I'll let everyone know how it turns out as I go through the Chapter 35 process.

Thank you everybody for your input. Much appreciated.

This is my experience so far...I am filing a NOD.

I did find out after the fact that a Veteran cannot be gettig paid compensation at the same time while that same dependent is getting paid for going to school.

So what the VA is telling me is that I was getting paid compensation for my daughter while she was getting paid at the same time for going to school.

My daughter filled out and filed her own application thru her college and the checks go directly to her.

Below is a reply I got thru the VA's IRIS system when I inquired about clarifying the DEA 2003 pamphlet regarding my responsbilities for notifying the VA of any changes.

================================================

"We don't have any Nov. 2003 copies of the Chapter 35 Dependents' Educational Assistance (DEA) program pamphlet, however the August 2008 version of pamphlet 22-73-3 shows on page 14 under section titled "What if you receive other VA benefits as the veteran's dependent" it reads as follows:

"If you're a son or daughter (including stepchildren or adopted children) of a veteran receiving a disability benefit, the veteran can generally receive an additional allowance for you as a dependent until you reach age 23 if you're attending school. However, if you elect DEA, the additional allowance to the veteran will stop when you begin receiving DEA benefits."

I hope this provides the information you need.

Thank you for contacting the Department of Veteran Affairs.

Rob

Education Compliance Survey Specialist

Muskogee RPO

22/4283

================================================Can you see where the VA admits that what they are telling me was not in the DEA 2003 pamphlet that was given to me but is now found in the VA's current 2008 version?

[11bush]

I was awarded IU P&T at the beginning of August 2009.

I have 2 children who are 23yrs and 25 yrs. [i have 3 others that are older, 30 plus]

Are the 23 and 25 eligible for the FULL allotment of Chapter 35 DEA monthly benefits because when I was awarded IU P&T they were still between the ages of 18 and 26?

I'm thinking THE CLOCK STARTS FOR THEM NOW because I have just been awarded the IU P&T.

I realize the basic regulation states education benefits for children between 18 and 26 yrs old but seems I have heard about this exception somewhere.

Otherwise the 25 yr old could only get about a year of benefits at most and the 23 yr old maybe about 3yrs.

Thank you.

11B 1969,

Gold Star Brother, Tet 68

[11bush]

Both of my children were notified that they received the full allotment 45 months of DEA Chapter 35 benefits.

They have a window of 8 yrs to use the benefits.

It took about 4 months to receive a decision from the VA.

They were 23 and 25yrs old when I was awarded IU P&T in August 2009.

Thanks to all who responded with advice/input.

11B 1969,

Gold Star Brother, Tet 68

[mako25]

I was awarded IU P&T at the beginning of August 2009.

I have 2 children who are 23yrs and 25 yrs. [i have 3 others that are older, 30 plus]

Are the 23 and 25 eligible for the FULL allotment of Chapter 35 DEA monthly benefits because when I was awarded IU P&T they were still between the ages of 18 and 26?

I'm thinking THE CLOCK STARTS FOR THEM NOW because I have just been awarded the IU P&T.

I realize the basic regulation states education benefits for children between 18 and 26 yrs old but seems I have heard about this exception somewhere.

Otherwise the 25 yr old could only get about a year of benefits at most and the 23 yr old maybe about 3yrs.

Thank you.

11B 1969,

Gold Star Brother, Tet 68

I am going through the same thing right now with my daughter...Per VA...The ending date for using your benefits is 8 yrs after your start date...I have not seen a specific age they will be cut off only ending benefit .

[LarryJ]

This is my experience so far...I am filing a NOD.

I did find out after the fact that a Veteran cannot be gettig paid compensation at the same time while that same dependent is getting paid for going to school.

So what the VA is telling me is that I was getting paid compensation for my daughter while she was getting paid at the same time for going to school.

My daughter filled out and filed her own application thru her college and the checks go directly to her.

Below is a reply I got thru the VA's IRIS system when I inquired about clarifying the DEA 2003 pamphlet regarding my responsbilities for notifying the VA of any changes.

================================================

"We don't have any Nov. 2003 copies of the Chapter 35 Dependents' Educational Assistance (DEA) program pamphlet, however the August 2008 version of pamphlet 22-73-3 shows on page 14 under section titled "What if you receive other VA benefits as the veteran's dependent" it reads as follows:

"If you're a son or daughter (including stepchildren or adopted children) of a veteran receiving a disability benefit, the veteran can generally receive an additional allowance for you as a dependent until you reach age 23 if you're attending school. However, if you elect DEA, the additional allowance to the veteran will stop when you begin receiving DEA benefits."

I hope this provides the information you need.

Thank you for contacting the Department of Veteran Affairs.

Rob

Education Compliance Survey Specialist

Muskogee RPO

22/4283

================================================Can you see where the VA admits that what they are telling me was not in the DEA 2003 pamphlet that was given to me but is now found in the VA's current 2008 version?

I don't see where they are "admitting" anything other than they don't have a copy of the 2003 pamplet.