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!

[broncovet]

Berta...

There has been a change in the law, and a 100% disabled Veteran no longer has to have a doc's signature on a student loan forgiveness form. He needs to send a copy of the VA letter awarding 100% P and T, and that should do the trick, and get the student loan paid.

Here is the link:

http://ifap.ed.gov/disabilitydischarge/va.html

Edited March 23, 2010 by broncovet

[Wings]

Berta...

There has been a change in the law, and a 100% disabled Veteran no longer has to have a doc's signature on a student loan forgiveness form. He needs to send a copy of the VA letter awarding 100% P and T, and that should do the trick, and get the student loan paid.

Here is the link:

http://ifap.ed.gov/disabilitydischarge/va.html

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Bronco, Thank you. This is extremely useful and importatnt! I hope everyone SAVES this bookmark! ~Wings

[Berta]

You are right Broncovet-

my husband had a very small student loan balance when he became disabled by a stroke-it was consider NSC by VA, then 1151 and now finally direct SC stroke due to AO DMII.

So he didnt have the 100% SC rating when he asked his primary care VA doc to sign the Student Loan form.

(I sat there amazed that the VA doc signed it right away and stated on the form that he was totally disabled P & T for the stroke yet his claim for higher SC rating was taking so long and his actual 100% P & T VA status didn't come until 3 years after he died)

But you are right and this is good info for all to have.

[broncovet]

Thanks Berta and Wings.

I will add that it applies to TDIU as well. So, if you are 100% Pand T (Including IU) DONT PAY YOUR STUDENT LOANS, but apply for a disability discharge of the loan instead.

You will be missing out on benefits. Student loan forgiveness should be added to the list of benefits for 100% P and T Veterans.

[Michellee]

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.

This is a great program it was updated last year as part of the recovery. However, I did not need my doctor signature since I am Permanent and total I only had to send them the rating sheet from the VA and the form with the top part filled out only. Just that simple. The process still takes a while after you submit because it has to go through various channels in the Department of Education and I had collections companies calling me on my school loans and after I got the Ombudsman involved that I was a veteran who had submitted an application for dismissal of the loans Ms. Gretchen got involved and had all of that stopped. They are very effective and helpful.

[hulamatt]

Thanks Berta and Wings.

I will add that it applies to TDIU as well. So, if you are 100% Pand T (Including IU) DONT PAY YOUR STUDENT LOANS, but apply for a disability discharge of the loan instead.

You will be missing out on benefits. Student loan forgiveness should be added to the list of benefits for 100% P and T Veterans.

I choose not to comment on this