Jump to content
HadIt.com Changes Ownership ×
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Chapter 35 And 100% Schedular


out_here04

Question

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?

out_here04

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

5 answers to this question

Recommended Posts

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?

Link to comment
Share on other sites

http://www.gibill.va.gov/

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.

Link to comment
Share on other sites

  • Moderator

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.

Link to comment
Share on other sites

  • Moderator

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)
Link to comment
Share on other sites

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.

Berta,

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)

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

Guidelines and Terms of Use