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!

[deltaj]

Hi deltaj,

Thanks for your advice, I have however, already completed all these steps, and I am currently arguing with the VA about when my eligible period of 10 years started.

ie. they say it started in 1996 when my husband became 100% P&T and ended in 2006. However! I didn't marry him until 2009, so how can my DEA benefit eligibility runs out before it even started.

Like Berta said,

" The court concluded that §3512( :D (1)(A) governed DEA benefits and §3501(a)(1)(D)(i) governed eligibility, and based on the eligibility standards, Darlene qualified for DEA benefits."

I am trying to get the VA to acknowledge the same thing in my case which is virtually identical to BVA case, Cypert vs. Peake. Thanks for your imput though, perhaps others may find the info useful.

I managed to get extension of my DEA benefits under V.A. Office of General Counsel Precedent Opinion 56-91 when V.A. ordered another rating examination on my husband for a second service connected condition. A veteran is considered permanent and total when no future exams are scheduled but when another exam was scheduled on my husband he was no longer considered P&T.

[hawkfire27]

Well I has been a while, but yesterday I got a call from the congressman's office that said they had talked to the VA Liaison and that it was obvious a CUE had been made in my education claim, and that they would be reviewing it immediately. Interesting I got this call on a Sunday Hmmmmmmmmmmm. Anyway it looks like things are finally moving in a good direction. Can't wait to get that back pay so I can pay off my student loan! Yeah!

Edited March 23, 2010 by hawkfire27

[Pete53]

Here is hoping a quick answer and payment.

[broncovet]

The DEA is even more of a mess than C and P, if that is possible. You see, Veterans seeking compensation and Pension have been told by dozens of VSO's to expect your claim to take 4 years or more. However, we formerly believed that DEA could get our paper work done in 3 or 4 months, until Secretary Shinseki took over and decided that the VA can get still more money by making DEA beneficiaries wait on their money, just like C and P Veterans.

You see, the VA CHARGES interest to a Veteran who buys their home on a VA loan, then borrows that money, interest free, from another Veteran who is waiting on Comp and Pension or DEA benefits. By doing this over and over again, millions of times, the VA collects billions of interest dollars at Veterans expense. They dont care if it makes you homeless waiting for your money....as long as they collect their interest, and they do, every time. Remember this, whenever the VA delays your claim, on purpose, they are making another Veteran pay interest on his VA home loan..and Shinseki laughs all the way to the bank.

[Berta]

I know this isn't the case here but might help someone else reading this---

"Can't wait to get that back pay so I can pay off my student loan! Yeah!"

For anyone who has become disabled totally- who also has a student loan balance -the loan can usuaully be written off due to total disability.They need a special form to get that done and a doctor has to fill it out and sign it.

[chr49]

Best wishes Hawkfire27!

Interesting that you would get a call on Sunday. Hope this means they will continue to move things along quickly for you.