Dea Benefits Denied.

[hawkfire27]

Hi I was denied chapter 35 benefits as a spouse of a 100% P&T vet.

Sooooo I appealed with a NOD about 4 months ago, I have been ringing once a month to check the status. The last time I called teh Muskogee Office I was told it will take about 3 years to review my nod. It is a one page letter with the CYPERT vs Secretary of VA, BVA case. In this case the situation of Mrs. Cypert is identical to mine. We both married the vet after the 10year period had passed from the award letter. She won based on the fact that She could not have been eligible in this period because she was not an eligible person (spouse) during the initial ten year period. The same is the case with me.

My quesiton is.....Is there anyway to speed this up, I was basically told that post 9/11 gi bill took precedence over any other claims by the VA rep.

Should I contact a congressman?? Was also thinking of contacting the Mrs. Cypert's DAV lawyer and letting him no that even though the BVA has ruled in favor of my situation they are still continuing to deny people. Is it worth pissing the VA by doing this????

I am going to school full time with most of my class on-line so I can stay home and look after my husband. I won't be able to continue to go to school unless something move on this in the first part of the New year. Really need some help!

[Loma Linda Bill]

Hi I was denied chapter 35 benefits as a spouse of a 100% P&T vet.

Sooooo I appealed with a NOD about 4 months ago, I have been ringing once a month to check the status. The last time I called teh Muskogee Office I was told it will take about 3 years to review my nod. It is a one page letter with the CYPERT vs Secretary of VA, BVA case. In this case the situation of Mrs. Cypert is identical to mine. We both married the vet after the 10year period had passed from the award letter. She won based on the fact that She could not have been eligible in this period because she was not an eligible person (spouse) during the initial ten year period. The same is the case with me.

My quesiton is.....Is there anyway to speed this up, I was basically told that post 9/11 gi bill took precedence over any other claims by the VA rep.

Should I contact a congressman?? Was also thinking of contacting the Mrs. Cypert's DAV lawyer and letting him no that even though the BVA has ruled in favor of my situation they are still continuing to deny people. Is it worth pissing the VA by doing this????

I am going to school full time with most of my class on-line so I can stay home and look after my husband. I won't be able to continue to go to school unless something move on this in the first part of the New year. Really need some help!

Hawkfire- go for it you deserve it. loma linda Bill

[LarryJ]

Hi I was denied chapter 35 benefits as a spouse of a 100% P&T vet.

Sooooo I appealed with a NOD about 4 months ago, I have been ringing once a month to check the status. The last time I called teh Muskogee Office I was told it will take about 3 years to review my nod. It is a one page letter with the CYPERT vs Secretary of VA, BVA case. In this case the situation of Mrs. Cypert is identical to mine. We both married the vet after the 10year period had passed from the award letter. She won based on the fact that She could not have been eligible in this period because she was not an eligible person (spouse) during the initial ten year period. The same is the case with me.

My quesiton is.....Is there anyway to speed this up, I was basically told that post 9/11 gi bill took precedence over any other claims by the VA rep.

Should I contact a congressman?? Was also thinking of contacting the Mrs. Cypert's DAV lawyer and letting him no that even though the BVA has ruled in favor of my situation they are still continuing to deny people. Is it worth pissing the VA by doing this????

I am going to school full time with most of my class on-line so I can stay home and look after my husband. I won't be able to continue to go to school unless something move on this in the first part of the New year. Really need some help!

I'd definitely contact the other lady's DAV attorney. Probably no one as familiar with your case's basis as they would be.

[Ricky]

Speed is not in the VA vocabulary - sorry

[Pete53]

When I dealt with Muskogee VA on Chapter 35 they were quick. We appealed and it was granted.If they are taking 3 years for a NOD I would consider writing that you want them to send it on to BVA. This is my opinion.

Your other alternative is to ask for a Hearing. They have to have a Hearing in a quick time if you ask for it.

Good Luck

[Berta]

I cant determine if the case is a precedent setting decision but by all means USE it as evidence!

http://www.judicialview.com/Court-Cases/Ed...Statute/20/5666

GI Bill influx has slowed down the VA Educational departments.

They sent me some of my Chap 35 retro within 3 weeks of getting my award letter and then needed a form from my school for the rest of it -that was months ago-nothing from them yet-

I have found that the VA Educational Departments usually work much faster than the ROs but in your case-you still have to deal with the RO.

Do you have a vet rep who will support this claim for you?

You could even ask them to CUE their denial based on the Cypert decision.That might sure speed this up but it would be great to have a rep to support that type of CUE as well.

[hawkfire27]

Hey Berta, thanks for your response.

Hmmmmm I have to deal with the RO? I sent my NOD to the Director of Muskogee Ed Office. When I ring the 1800 number for the GI bill they say they recieved it.

By Vet Rep do you mean a VSO or someone actually withing the VA Ed System?

You really think I can CUE it instead of appealing?

Thanks Again. :)