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Chapter 35 And 100% Schedular



i am still not sure of the answer on this topic, even though i have read various threads, comments on it and would appreciate any advice from anybody who knows the real va answer. my brain is too tired to do much research lately:

i've heard/recall that a disabled veteran can transfer the montgomery gi bill to a qualified dependent if the veteran is rated 100 percent p&t or if rated tdiu. I am currently rated 100 percent schedular for anxiety/depression. va says in the rating decision package that i "may improve". i still wrestle with whether or not i should/could try to go back to school at age 48.

also, i was turned down as unstable to qualify for voc rehab. also i'm researching independent living and am just as confused about that program.

i also qualify for 90 percent of the new post 9/11 gi bill, but was not on active duty 1 aug 09 to qualify for transferability. so that one is out as far as transferability.

my question is would i have to be p&t or tdiu absolutely to transfer the montgomery gi bill to my wife and/or daughter. or are there any provisions for a schedular rated 100 percent to do the same.

also, if i did do independent living would that cancel out my gi bill eligibility as would voc rehab?


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the va fact sheet on chap 35 says eligiblity for dependents to use:

• a service member hospitalized or receiving outpatient care for a VA determined service-connected permanent and total disability may be eligible for DEA benefits. (Effective December 23, 2006

so i guess that is the final answer. any opinions?

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The transfer info should be found here or at Military.com

Chapter 35 is different than the transfer but both depend on the Permanent and Total Status of the 100% SC disability.

"also, i was turned down as unstable to qualify for voc rehab. also i'm researching independent living and am just as confused about that program."

Perhaps you could use the Voc Rehab decision to prove P & T status.

Or you could obtain an Independent medical opinion that could assess whether you are P & T and hopefully support this status for you-and it could be well worth the cost (the IMO) -depending on the results of the IMO-

when you consider these educational benefits.

Chapet 35 limits dependent children to age 26 but with any military service that extends their eligibility.

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At least one of us is confused. Chapter 35 benefits, also known as Dependents Educational Assistance, is for dependents of deceased/100% P and T disabled Veterans dependents ONLY and cant be used by the Veteran. The Veteran can attend college with other VA benefits, but NOT Ch. 35. IMHO, again, unless I am the ONE confused, CH 35 benefits are NON transferable. Your dependents are either eligible for them or not, but they cant be transferred to the Veteran.

Some of the other VA education benefits may be transferrable, from the Veteran to the dependent, but not CH. 35 as these benefits are for dependents, not Veterans.

A similar situation exists with Champva. Champva is for dependents..not Veterans. As a Veteran, I would LOVE to be able to use Champva..that would mean I would be able to go to a private hospital/doctor, and not HAVE to use Veterans medical facilities. IMHO Veterans dependents get better medical care than Veterans.

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I would also like to comment the VA works very hard at making their system as confusing as possible. They are trying to confuse you out of your benefits, and this is what the VA does best. The only thing about the VA that is not confusing is who gets the bonuses. VA employees get bonuses, regardless of how bad the backlog is, but Veterans never get bonuses under any circumstances.

Edited by broncovet (see edit history)
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bronco, never meant to indicate I want the chap 35, i have mgib and 90 percent of post 9/11 gibill. but because of sc i most likely will never take full, if any, advantage of them.

i was just wondering if 100 percent schedular (non p&t, non tdiu ) is "good enough" of a rating decision for my dependents to qualify for chap 35 education benefits.

to further convolute my post, i threw in that i had also heard that voc rehab, which i have been turned down for, offers the independent living program that preps dv's to live life as well as possible with education on life survival, etc. i may have confused me/you/all with the chapter 35 included in this same post.


a copy of my voc rehab denied letter was in an initial tdiu claim package that came back with me scheduled 100 percent schedular for anxiety/depression with at least 60 percent more rated, entitling me to statuatory housebound.

i probably could have jumped up and down and insisted on tdiu at that time, but was so relieved i actually got 100 percent that i was a pretty happy camper with the va decision. the more i read on hadit, though, it seems that i may have had a good case for tdiu or 100 percent t&p. then i wouldn't be on the fence asking confusing questions about what my dependents might be eligible for concerning educational benefits that i may never use in a formal classroom setting (in-residencde or online, etc)

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