Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Champva And Chapter 35 Coverage

Rate this question


cowgirl

Question

  • HadIt.com Elder

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!

For my children, my God sent husband and my Hadit family of veterans, I carry on.

God Bless A m e r i c a, Her Veterans and their Families!

Link to comment
Share on other sites

  • Answers 24
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

This DEA decision by the BVA has information and the regulations that might clarify the initial topic here:

http://www4.va.gov/vetapp09/files1/0901725.txt

Wings asked:

"The Question I have is ... Should I also file now for his DEA Benefits, even though he doesn't know exactly when he'll start College (summer or fall semester) ... in other words, will the VA issue a "Certificate of Eligibility" now, and tell him he can start whenever he wants???"

As I recall Wings my daughter had to formally file this application herself and sign it, and she enclosed a copy of the P & T award letter.

The VA mailed the Certificate of eligibility to her and also sent the school she picked a copy of it too.

But I dont think a school has to be formally picked for them to issue the Certificate of Eligibility.

I dont know the answer to the dependency question for your son.Others might surely know that answer.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder
This DEA decision by the BVA has information and the regulations that might clarify the initial topic here:

http://www4.va.gov/vetapp09/files1/0901725.txt

Wings asked:

"The Question I have is ... Should I also file now for his DEA Benefits, even though he doesn't know exactly when he'll start College (summer or fall semester) ... in other words, will the VA issue a "Certificate of Eligibility" now, and tell him he can start whenever he wants???"

As I recall Wings my daughter had to formally file this application herself and sign it, and she enclosed a copy of the P & T award letter.

The VA mailed the Certificate of eligibility to her and also sent the school she picked a copy of it too.

But I dont think a school has to be formally picked for them to issue the Certificate of Eligibility.

I dont know the answer to the dependency question for your son.Others might surely know that answer.

x

x

x

Thank you Berta ;-)

If a child is over 18 y/o but still in school, file a "VA Form 21-674, Request for Approval of School Attendance". The VARO, not the Education Dept. handles these claims.

I did argue that my son was educationally dis­advantaged under 38 USC 3553.

Under Chapter 35, if the eligible person needs remedial or refresher classes, they are not charged for the first 5 months of full-time (or eqivalent part-time) against the 45 months that Ch. 35 will allow.

I normally fill out the Form(s), then my son can sign them. He was found to have a specific learning disability for all his school years, and I will use this to argue for his current dependency. My son dooes not want to take advantage of the Ch. 35 Special Restorative Training. He is a proud young man, and these unfortunate life circumstances (being out of work) cause significant emootional problems. I am also going to ask the VARO to pay for Tudoring, even though that is normally requested under Ch. 35 Benefits.

Wish me luck, I filed certified, signed receipt yesterday.

I will have him file for his Chapter 35, Certificate of Eligibility this week. ~~~Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

  • Lead Moderator
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!

Cowgirl

IMHO this is probably a case where the RO "wings it" as I dont see any regulations on this, and they do what they please. My son is getting Ch. 35 and he was told, once eligible, based on his age at the effective date, he wont be kicked out of the program because of his age. That is, when he remains in school making progress towards his chosen degree, he can remain in the program for as long as it takes. I think once you are eligible, you dont become "not eligible" because of age just because you have birthdays. Of course, since the regulations are either non existant on this, or at least well hidden, each RO makes up their own mind, based on the mood of the rater at the time he is making the decision. The next RO could just as easily say, "Nope, you are one second over age 23, so your benefits not only stop, but you owe us back all the past money also. "

Link to comment
Share on other sites

  • HadIt.com Elder

Wings:

Trust me I understand about last year being rough it certainly was for me. I am looking forward to this year and in the last week or so I started to see some peaks of sunshine in my world. I am hopeful that this works out to be an opportunity for your son to get training for a better life.

God Bless Your Family

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

  • HadIt.com Elder
x

x

x

Thank you Berta ;-)

If a child is over 18 y/o but still in school, file a "VA Form 21-674, Request for Approval of School Attendance". The VARO, not the Education Dept. handles these claims.

I did argue that my son was educationally dis­advantaged under 38 USC 3553.

Under Chapter 35, if the eligible person needs remedial or refresher classes, they are not charged for the first 5 months of full-time (or eqivalent part-time) against the 45 months that Ch. 35 will allow.

I normally fill out the Form(s), then my son can sign them. He was found to have a specific learning disability for all his school years, and I will use this to argue for his current dependency. My son dooes not want to take advantage of the Ch. 35 Special Restorative Training. He is a proud young man, and these unfortunate life circumstances (being out of work) cause significant emootional problems. I am also going to ask the VARO to pay for Tudoring, even though that is normally requested under Ch. 35 Benefits.

Wish me luck, I filed certified, signed receipt yesterday.

I will have him file for his Chapter 35, Certificate of Eligibility this week. ~~~Wings

x

x

x

VARO Award Letter dated APR 6th --effective date March 4th. Horay!! The VA will add my son until his 23rd Birthday, June 2010. It's just 4 month pay, but it totals $960.00 and helps me recoup some of what I've given him to keep him in school!!! Record time for a decision and I didn't even have to file a statement in support of claim. ~Wings

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

Link to comment
Share on other sites

YIPPEE Wings!!!!! This is great news.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use