Champva And Chapter 35 Coverage

[cowgirl]

Was discussing this, don't know the answer, it doesn't apply to me and mine.

ChampVa and most other insurances stop for full time college dependents at 23, but Chapter 35 stops at 26.

Anyone familiar with any exceptions?

Thank you,

Cg'up!

[LarryJ]

But doesn't ChampVa stop at 23? even if the student is in school? or, did I miss something?

Yes, thank you all good posts and information ~ !

Cg'up!

We were talking about the DEA, not the CHAMPVA. You are correct about the CHAMPVA.

"If you are a son or daughter and wish to receive benefits for attending school or job training, you must be between the ages of 18 and 26. In certain instances, it is possible to begin before age 18 and to continue after age 26. Marriage is not a bar to this benefit. If you are in the Armed Forces, you may not receive this benefit while on active duty. To pursue training after military service, your discharge must not be under dishonorable conditions. VA can extend your period of eligibility by the number of months and days equal to the time spent on active duty. This extension cannot generally go beyond your 31st birthday, there are some exceptions."

from the VA website.

Edited January 8, 2010 by LarryJ

[cowgirl]

"We were talking about the DEA, not the CHAMPVA. You are correct about the CHAMPVA.

(Thank you, just reconfirming the posted question)

Edited January 9, 2010 by cowgirl

[Pete53]

For your kids ChampVA stops at 23 in school and your spouse it is for life. I am not sure about dependent parents.

[Survivir]

DEA Chapter 35 benefits ARE PAID AFTER the Child-Dependent is OVER 31 Years of age.

What is important...is the "Effective Date" of the Veteran's P&T rating.

The Child-Dependent must be YOUNGER than Twenty(26)Six Years Old.

ON the Date of the Veterans "Effective Date".

The Child-Dependent CAN BE Twenty-Five...AND 364 Days OLD...but NOT Twenty(26)Six Years Old!!!

Once the application is filed...and IF the Child-Dependent is found to be eligible.

Then the DEA will send the Child-Dependent a "Certificate of Eligibility".

Which will give the Child-Dependent a Choice of his or her "Starting Date".

That "Starting Date" can be ANY DATE BETWEEN the Veteran's "Effective Date" and the Veteran's "Notification Date".

As long as the Child-Dependent HAD NOT "YET" turned Twenty(26)Six years Old "ON" the Veteran's "Effective Date".

It does NOT matter how old the Child-dependent IS...on the Veteran's "Notification Date".

My "Effective Date" is May 1997...and my Son was 21 Years Old THEN.

My last "Notification Date" was February 2008...and my Son was 32 Years old THEN.

He chose a "Starting Date" in 2004...which allowed him to get SOME back pay...and the remainder of his 45 Months was reduced by those months that he chose for the Back Pay.

He has until 2012 to use up those remaining Months of benefits...or he losses them.

DEA Chapter 35 Benefits are...45 Months of Benefits...OR...8 Years. Whichever comes FIRST.

For anyone not sure...file an APPEAL.

Let them tell you that your Child-Dependent is not qualified...and WHY.

The DEA Chapter 35 Service Center number is 1-888-442-4551

Survivir

My son gets Ch. 35, and the VA website talks about exceptions but they were non-specific, so I called. They talked about 2 exceptions:

1. Once you start, you are allowed to finish, even if your past the age (but not past age 31)

2. My son got "too old" waiting for Ch. 35 because it took them 7 years to approve my disability compensation, and he got a waiver pretty easily.

IF your Son was NOT Twenty(26)Six years old..."ON" the day of your "Effective Date"...then he IS eligible for DEA Chapter 35 Benefits.

Even if he was Twenty-Five and 364 Days Old...he is Eligigle. IF SO...then File an APPEAL.

I think there might be some other exceptions such as maybe if your child has something like ADD that causes them to learn slowly, etc.

I could not find these exceptions written down, at the VA website, so I suggest the best way is to call them. (Be ready for a long wait).

The VA uses the excuse about the new GI bill benefits applicants for huge, massive delays, so I suggest:

1. Apply EArly.

2. Dont count on the money being there on time for them to start school...my son's was months late even tho he applied 6 months ahead of time.

Finally, I recommend your child apply for an education grant, also, as you can get both. Go to www.fafsa.gov

[broncovet]

I think "Survivr's" information was more accurate than mine, because I was relying on what was told to me on the phone, and, of course, one should not count on advice given by the Va over the phone.

Many times the VA does not publish all the regulations and would much rather "wing it"

Maybe one of those hadit pro researchers can post a link to the Ch. 35 regulations.

[Berta]

The regs conflict with what this poster stated and with what the DEA people (VA EDU) stated to my daughter.

After receiving her app and copy of the P & T posthumous award to my husband-they awarded her one month of DEA, as she would turn 26 the next month after the DEA award date.

The VA Edu people (sometimes an oxymoron) did not even read her application to see that she was also a veteran of Armed Services for 7 years and that she had attached her DD 214.

I prepared a NOD and sent it to her to submit with the app copy, copy again of her DD 214 and the exact regs that extended her eligibility period due to military service.

Three weeks later she got the proper award letter-7 years of DEA CHapter 35 eligibility.

They have to extend it again I believe.

Maybe this survivor of vet means this stuation affected his/her DEA adult child-

I was awarded direct SC death recently and this altered my CHapter 35-they have already sent me the choice of dates to pick as my eligibility as a widow has been extended and I have a new Certificate of Eligibility. I might return to AMU under this additional DEA.

However-my daughter has receved nothing new from DEA and the VARO has made no statement at all to me or to her in their award letter for direct SC AO death as to our new entitlement dates due to the direct SC award .

I dealt with VA Edu directly myself and this reminds me that I have to get on the ball to correct this matter.

When they state here there are circumstances beyond age 26-they certainly mean extension due to military service-I have not read the entire pamphlet yet to find out what other eways they would extend.

They will extend the Chap 35 payment if the cut off eligibility date falls within a semester.

If anyone has new info on DEA I hope they tell us here-

My husband was declared 100% P & T as of Nov 1991.

I was granted DEA in June 1997 as well as my daughter .

Our EED was Oct 1994.As widow I did not use a benefit I did not know I would get and enrolled in college with only about 3 years left for full Chap 35 benefits.

My daughter ,not knowing she would have received Chap 35 had already joined the military.

Survivors of deceased veterans have a different type of Chap 35 eligibility so maybe this is why I dont understand the post that started this thread-

I would like survivir to post a regulation for this:

DEA Chapter 35 benefits ARE PAID AFTER the Child-Dependent is OVER 31 Years of age.

Does this just apply to adult children of living P & T vets or to every DEA recipient?

Widows have challenged the DEA regs unsuccessfully-

when they used simple logic-

widows have a ten year window to use a benefit that it could take the VA ten years to award.

The VA will re -imburse them in many cases if they did attend school during those ten years-depending on their award letter as to the deceased vets SC standing and rating-

and my new award letter gained me reimbursement of some of my tuition already-

but still- how can most widow or widowers particularily with children- afford to advance the expense of college tuition,if they have not received any DEA award yet and have no crystal ball to predict it might come someday?

http://www.gibill.va.gov/pamphlets/CH35/CH...let_General.htm

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 servicemember missing in action or captured in line of duty by a hostile force.
  
• A servicemember forcibly detained or interned in line of duty by a foreign government or power.
  
• A servicemember 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.
  

Period of Eligibility

If you are a son or daughter and wish to receive benefits for attending school or job training, you must be between the ages of 18 and 26. In certain instances, it is possible to begin before age 18 and to continue after age 26. Marriage is not a bar to this benefit. If you are in the Armed Forces, you may not receive this benefit while on active duty. To pursue training after military service, your discharge must not be under dishonorable conditions. VA can extend your period of eligibility by the number of months and days equal to the time spent on active duty. This extension cannot generally go beyond your 31^st birthday, there are some exceptions.

If you are a spouse, benefits end 10 years from the date VA finds you eligible or from the date of death of the veteran. If the VA rated the veteran permanently and totally disabled with an effective date of 3 years from discharge a spouse will remain eligible for 20 years from the effective date of the rating. This change is effective October 10, 2008 and no benefits may be paid for any training taken prior to that date.

For surviving spouses (spouses of servicemembers who died on active duty) benefits end 20 years from the date of death.