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]

Yes, VSO's often make us think we are a nuisance. However, without us, there would be no reason to have a VSO.

You dont WANT to file a CUE if you filed a NOD. A CUE is used when the Veteran fails to file a NOD within the one year period. Since the CUE standard is much more strict than a NOD, there is no reason to "CUE" a decision less than a year old. You dont want to decrease your chances of winning, do you?

[hawkfire27]

Just another update,

I recieved a letter from the congressman's office saying they had sent a letter to the VA Ed office in Muskogee, and that VA had 30 days to reply to their letter.

I also got hold of an excellent guy on the 1800 number which is now taking GI Bill calls because the GIBILL number was shut down because they aren't taking calls anymore. (Can you believe that, you can only IRIS the GIBill people at the mo!!! or you can call the regular benefits number and if your lucky smeone there will help you).

Anyway he said my claim was flashing red on the screen, and will apparently show up on every screen until someone picks it up. So now at least I know they are ignoring it on purpose ! :D ........

The other thing the guy on the phone said, is that it is a clear cut case and it shouldn't take too much longer. He said there was a CUE and it was even obvious to him, and with luck they would just reconsider without me having to continue with a DRO or Traditional appeal.

Question????

If I have to continue my appeal via a Form 9 should I chooe a DRO or a traditional appeal.

The guys on the phone explained it as follows:

Traditional: They take the original decision and my arguement against and make a decision.

DRO: They throw out the original decision and start from scratch including anything else I have submitted, i.e. NOD.

Is this correct? If so which on is better, and why do they have two ways of appealing????

Thanks Everyone :D

[Pete53]

The DRO review is supposed to be start over from scratch. My suggestions is to ask for a Hearing and look someone in the face and tell them what you want,

[deltaj]

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!

There are several things I would do with this situation: (1) Call VARO at 1-800-827-1000 and see if your husband is scheduled for a future V.A. examination because if he is scheduled for a future examination then he is not permanent and total. (2) While you are on the phone with VARO see if they show you on the record as a dependent of the veteran. If you are not shown on your husband's record as a spouse then you need to have your husband file a completed declaration on the status of dependents form with certified copies of divorce papers and marriage certificate on each of the prior marriage(s) of each of you attached to the declaration of the status of dependents form with a cover letter stating he is making a claim for additional compensation for dependents. (Getting you adjudicated as a dependent may get your husband Additional Compensation for Dependents as a veteran since he is rated 100% and veterans who are rated 30% or higher are eligible for this benefit. If your husband files a declaration of status of dependents form with the proper documentation with V.A. then you should receive entitlement to DEA and CHAMPVA as the spouse of a permanent and total veteran if the proper forms are completed to get these benefits. A separate application for CHAMPVA benefits can be obtained from CHAMPVA by calling -800-733-8387) (3) Call V.A. educational office at 1-888-GIBILL1 and see if the program you are enrolled in is V.A. approved. (4) Ask the V.A. educational office if they show you as an eligible person on your husband's V.A. recordd, whether the educational program you are enrolled in is V.A. approved, and whether the school or college you are enrolled in has submitted proof of your enrollment to V.A.

[LarryJ]

Just another update,

I recieved a letter from the congressman's office saying they had sent a letter to the VA Ed office in Muskogee, and that VA had 30 days to reply to their letter.

I also got hold of an excellent guy on the 1800 number which is now taking GI Bill calls because the GIBILL number was shut down because they aren't taking calls anymore. (Can you believe that, you can only IRIS the GIBill people at the mo!!! or you can call the regular benefits number and if your lucky smeone there will help you).

Anyway he said my claim was flashing red on the screen, and will apparently show up on every screen until someone picks it up. So now at least I know they are ignoring it on purpose ! :D ........

The other thing the guy on the phone said, is that it is a clear cut case and it shouldn't take too much longer. He said there was a CUE and it was even obvious to him, and with luck they would just reconsider without me having to continue with a DRO or Traditional appeal.

Question????

If I have to continue my appeal via a Form 9 should I chooe a DRO or a traditional appeal.

The guys on the phone explained it as follows:

Traditional: They take the original decision and my arguement against and make a decision.

DRO: They throw out the original decision and start from scratch including anything else I have submitted, i.e. NOD.

Is this correct? If so which on is better, and why do they have two ways of appealing????

Thanks Everyone :D

One is an "appeal", the other is a "review".

Given the current status of all appeals...............I'd opt for a "review".

But, as otherwise pointed out herein, you probably will not have to go that far to get satisfaction.

[hawkfire27]

There are several things I would do with this situation: (1) Call VARO at 1-800-827-1000 and see if your husband is scheduled for a future V.A. examination because if he is scheduled for a future examination then he is not permanent and total. (2) While you are on the phone with VARO see if they show you on the record as a dependent of the veteran. If you are not shown on your husband's record as a spouse then you need to have your husband file a completed declaration on the status of dependents form with certified copies of divorce papers and marriage certificate on each of the prior marriage(s) of each of you attached to the declaration of the status of dependents form with a cover letter stating he is making a claim for additional compensation for dependents. (Getting you adjudicated as a dependent may get your husband Additional Compensation for Dependents as a veteran since he is rated 100% and veterans who are rated 30% or higher are eligible for this benefit. If your husband files a declaration of status of dependents form with the proper documentation with V.A. then you should receive entitlement to DEA and CHAMPVA as the spouse of a permanent and total veteran if the proper forms are completed to get these benefits. A separate application for CHAMPVA benefits can be obtained from CHAMPVA by calling -800-733-8387) (3) Call V.A. educational office at 1-888-GIBILL1 and see if the program you are enrolled in is V.A. approved. (4) Ask the V.A. educational office if they show you as an eligible person on your husband's V.A. recordd, whether the educational program you are enrolled in is V.A. approved, and whether the school or college you are enrolled in has submitted proof of your enrollment to V.A.

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.