Chap 35

[navydoc2]

I have recently been awarded IU, and I was told by the rater when she called that my family did not qualify for chapter 35. I was recently told by a person at the school my child has applied to that she does qualify, and that she should apply. I don't want to disappoint her nor do I want to end up owing the VA should she collect benies that she is not qualified for. what should I do? and whom should I ask for a definite answer. thanks for your input and advice. I did apply online with her yesterday so we will see what happens.

Edited September 13, 2009 by navydoc2 (see edit history)

[pacmanx1]

I think you must be 100% scheduler P & T or, 100% IU P & T. You may only be 100%, What does your rating say? Does it say that Basic eligibility to dependents' educational assistance is established, If not you may want to apply for P & T.

Dependents' Educational Assistance provides education and training opportunities to eligible dependents of certain veterans. The program offers up to 45 months of education benefits. These benefits may be used for degree and certificate programs, apprenticeship, and on-the-job training. If you are a spouse, you may take a correspondence course. Remedial, deficiency, and refresher courses may be approved under certain circumstances.

Eligibility

You must be the son, daughter, or spouse of:

• A veteran who died or is permanently and totally disabled as the result of a service-connected disability. The disability must arise out of active service in the Armed Forces.
  
• A veteran who died from any cause while such service-connected disability was in existence.
  
• A service member missing in action or captured in line of duty by a hostile force.
  
• A service member forcibly detained or interned in line of duty by a foreign government or power.
  
• A service member who is hospitalized or receiving outpatient treatment for a service connected permanent and total disability and is likely to be discharged for that disability. This change is effective December 23, 2006.
  

If I am wrong others will chime in

Edited September 13, 2009 by pacmanx1 (see edit history)

[Philip Rogers]

I would have her apply. She probably isn't qualified but ya never know . . . . Your TDIU usually needs to be P&T to receive chap 35 bennies. It should be in your award letter. It'll usually states chap 35 awarded or no future exams. If it states future exams will be scheduled, you are not P&T. If not you should apply. jmo

pr

I have recently been awarded IU, and I was told by the rater when she called that my family did not qualify for chapter 35. I was recently told by a person at the school my child has applied to that she does qualify, and that she should apply. I don't want to disappoint her nor do I want to end up owing the VA should she collect benies that she is not qualified for. what should I do? and whom should I ask for a definite answer. thanks for your input and advice. I did apply online with her yesterday so we will see what happens.

[Pete53]

Its not your benefit its your Daughters. The VARO will decide and if they pay that is it If not she can appeal. Are you P&T?

[navydoc2]

Its not your benefit its your Daughters. The VARO will decide and if they pay that is it If not she can appeal. Are you P&T?

I am not P&T, my award letter says I have future exams scheduled, which is why I don't understand that the councelor would say that she is qualified.

[cowgirl]

If it's a school or college counselor they may be trying to interpet the lingo or if the application is denied, could open up other possible college or state benefits. for example, Neice of mine could get a better deal if she didn't offficially enroll in college prior to graduating from high school. She took AP classes but not enrolled - she needed a form of denial to get better benefits. So she filled out a application knowing the results would help her prove that. Just sometimes it's the paperwork path. Her counselor knew the steps.

Sure hope it works out for you until you get P&T keep those bills filed away.

Not sure how Champva works retroactively for DEA - maybe someone else can share thoughts. Keeping Ch 35&DEA notes myself, 'cause my kiddos aren't at the college door yet...

Best to ya,

Cowgirl

Edited September 13, 2009 by cowgirl (see edit history)

[LarryJ]

Chap 35 benefits are retroactive to the date that the veteran became 100% P&T.

Both the CHAMPVA and the DEA.

Keep your receipts, folks.

The Wife got thousands of dollars in retroactive payments from CHAMPVA and The Son got, like $13,500 from DEA.

[carlie]

I am not P&T, my award letter says I have future exams scheduled, which is why I don't understand that the councelor would say that she is qualified.

navy,

Because the counselor only half azzed knows what they are talking about.

In receiving IU the veteran is compensated at the 100 % rate

BUT

does not get all of the benefits that come along with P&T, like Chapter 35,

some states full property tax exemption etc...

jmho,

carlie

[carlie]

navy,

Check through here also, for possible additional benefits.

carlie

http://www.ok.gov/ODVA/index.html

[Eric_M]

Carlie's correct. Some councilers don't read the fine print.

My kid qualifiies for DEA, but they were trying to tell her she would also qualify for "yellow ribbon", well you have to be post 9/11 for that. I'm not.

But I have also been told she should apply for everything, so you're not the only one confused.

Eric

[Ricky]

Doc if she was eligible they would have awarded the basic Ch35 approval in your award letter.

Also don't worry about the application. I assure you that if she is not eligible they will deny it. At any rate, the award is hers and if they did pay anything which she was later found to be ineligible for they will deal with her and not you so it will not affect your disability payment in any way.

[navydoc2]

navy,

Check through here also, for possible additional benefits.

carlie

http://www.ok.gov/ODVA/index.html

You are so right, I do wonder if since she is in KY would she be able to use their education waiver or would I have to be a resident of that state. I will call tomorrow and ask. If thats not the case then she can go to school for free without the stipend of course or at least until i'm P&T, which I will discuss with my psychiatrist my next appt. Thanks for all your support and advice everyone.

[deltaj]

I have recently been awarded IU, and I was told by the rater when she called that my family did not qualify for chapter 35. I was recently told by a person at the school my child has applied to that she does qualify, and that she should apply. I don't want to disappoint her nor do I want to end up owing the VA should she collect benies that she is not qualified for. what should I do? and whom should I ask for a definite answer. thanks for your input and advice. I did apply online with her yesterday so we will see what happens.

Many states offer a tuition waiver for dependents of totally disabled veterans. In the meantime, make a written request to V.A. for copies of your most rating rating decision to see if an additional examination is scheduled on you by V.A. If a future examination is scheduled for you by V.A. then you are not considered permanently and totally disabled. In order for your daughter to receive chapter 35 dependents educational assistance you must be rated permanently and totally disabled by V.A.