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Cherie33

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Hello Fellow Vets,

I was reading another post and it was stated that if you are 70% TDIU, you should get the same benefits as being 100% P&T.

When I was awarded 70& TDIU, I wasn't told that I would be eligible for ChampVA or education benefits for my spouse? As a matter of fact, I was told that I would be re-evaluated in April 2010....So, I'm a little confused.. Can someone explain..

Thanks,

Cherie33

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Will this CHapter 35 decision help you Philip?

http://www4.va.gov/vetapp08/files2/0814380.txt

Oddly enough some of the BVA decisions regarding DEA retro seem to be inconsistent when applied to the regs in this decision.

If I had gotten denied by VA for my retro I would have used this decision- but I have been denied an audit by my school based on some VA crapola they seem to believe.

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.

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Gee-I got a little tough with the finance officer at my school in email today after I posted that decision for Philip- and then while I was out I got 3 emails from my school-assuring me that they sent the VA the proper audit and forms for my Chap 35 retro.

Sometimes I think even non VA entities get a touch of VA-itis-

VAitis -a condition that occurs when one person tries to get someone else to believe a pile of crap.

With the VA it has become a Chronic condition.

Edited by Berta

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.

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  • HadIt.com Elder

Thanks, Berta, I'm sure it'll help!!!! Carlie referred me to PREC 8-2004, which should help also. It's just such BS that we have to go thru this!!! I'm gonna help my ex, cuz they shoulda awarded her Chap 35, retro, and didn't and she should be able to recover about $9k in retro, for when she attended community college. It's not nice to mess (f***) w/me!!! I've cost them many dollars, in claims, by assisting others, just for screwing w/me!!!!! jmo

pr

Will this CHapter 35 decision help you Philip?

http://www4.va.gov/vetapp08/files2/0814380.txt

Oddly enough some of the BVA decisions regarding DEA retro seem to be inconsistent when applied to the regs in this decision.

If I had gotten denied by VA for my retro I would have used this decision- but I have been denied an audit by my school based on some VA crapola they seem to believe.

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:lol:

Yeah- I feel that same way-Philip---

they messed with me for so long that it meant gaining a whole lot knowledge to help others fight them!

If your ex was your spouse during the P & T eligibility period -they should have definitely sent her Chapter 35 application with the decision as well as granted it to her.I would think-if they didn't -that would be a CUE that violated the specific M21 provisions for DEA awards.

Did they ever grant her CHAMPVA too at that time?

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.

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  • HadIt.com Elder

Hi Berta - yes and no. I was originally awarded P&T, due to TDIU, in '97, and they awarded her ChampVA & Chap 35, w/no award for children. In '99 I was awarded 100%, schedular, for PTSD, retro to '89. My son received Chap 35 in the early '00's. My daughter applied in '02, at which time she was 32yo and was denied. We've been appealing that and last yr a DRO suggested I file a CUE on my claim, which I won, allowing my daughter new Chap 35 bennies but they are fighting the eligibility dates, because they say she originally filed her claim for benefits in '02. I feel the CUE makes all other claims a moot issue and therefore she is entitled to any date she wants. They disagree.

As to my ex, she was awarded ChampVA and Chap35 in '97, the date of my original P&T award. I feel the CUE voids all other decisions but they haven't awarded her Chap 35, in the CUE decision. I am going to CUE that decision. She had attended community college, in the early '90's, at our expense. We divorced in '00 and she eventually married another vet and received Chap 35 thru him, for her BA. She's now separated and should be entitled to about $9k, for reimbursement of the early '90's community college attendance. I guess I need to file that CUE, now. She and I are good friends, w/o benefits. ;-)

pr

:lol:

Yeah- I feel that same way-Philip---

they messed with me for so long that it meant gaining a whole lot knowledge to help others fight them!

If your ex was your spouse during the P & T eligibility period -they should have definitely sent her Chapter 35 application with the decision as well as granted it to her.I would think-if they didn't -that would be a CUE that violated the specific M21 provisions for DEA awards.

Did they ever grant her CHAMPVA too at that time?

Edited by Philip Rogers
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