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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Robert Edward

Chapter 31 For Disabled Vet And Chapter 35 For The Spouse

Question

I am a 100% T&P disabled vet of NEARLY 20 years. I believe it is possible for me to get chapter 35 benefits under the severe provisions of the title. (with a lot of persuasion) My wife of the last five years may also me eligible for chapter 31 benefits (see Cypert v. Peake, 2008-9) If we both were students we would get $925 a month each. Is my thinking correct? I have heard of vets with 100% T&P either going back to school or getting training in a new field. Please any input would be appreciated.

Robert

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3 answers to this question

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yip you can try voc rehab for schooling for you.

As for your wife of 5 years she should be able to go to school via chapter 35, BUT!!!! I warn you....

I a the wife of a 100% disabled Veteran of over 20 years. I was denied and I an currently in an appeal under "cypert vs peake" I a still waiting 1 year later. The cypert vs. peake as far as I a aware is only usable under appeal. Because they automatically approve or disapprove based solely on the date of 100% disability notification, if you don't met that they deny it. I currently have a congressman involved. So I will keep the hadit board posted so you can use my case for yours.

My advice is to GO FOR IT!!!!! Just don't expect your wife to be entitled to her chapter 35 as soon as school starts, I am 1 year in and still waiting, but the good news is I will get retro.

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yip you can try voc rehab for schooling for you.

As for your wife of 5 years she should be able to go to school via chapter 35, BUT!!!! I warn you....

I a the wife of a 100% disabled Veteran of over 20 years. I was denied and I an currently in an appeal under "cypert vs peake" I a still waiting 1 year later. The cypert vs. peake as far as I a aware is only usable under appeal. Because they automatically approve or disapprove based solely on the date of 100% disability notification, if you don't met that they deny it. I currently have a congressman involved. So I will keep the hadit board posted so you can use my case for yours.

My advice is to GO FOR IT!!!!! Just don't expect your wife to be entitled to her chapter 35 as soon as school starts, I am 1 year in and still waiting, but the good news is I will get retro.

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If anyone wants information on how this process works, please let me know...I "fought" for five years to get a resolution to my appeal....it was definitely worth the fight but it was a long battle....

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