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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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If you are NOT eligable for CHAMPVA or Chapter 35 benefits for spouse and children... your TDIU is not permanent and total.

A TDIU determination is treated almost exactly the same as a 100% schedular rating except that it must be considered permanent and total (P&T). If the give a re-exam date etc. it is NOT considered P&T and thus you are not eligable for the same benefits that a 100% schedular (who was also P&T - they can set a re-exam even for schedular ratings) would have.

Essentially they are willing to pay you at 100%, but only until the re-eval, and then they will make a new determination. Personally I fight re-evals, and would file a NOD stating that I thought the issue should be P&T (if in fact it should be). I am unfamiliar with the case, but thats what I would do.

Bob

Bob Smith

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  • HadIt.com Elder

Last yr I filed a CUE claim, on my '97 award of P&T. They corrected it to '89 making my daughter eligible for Chap 35. Now they are saying since she didn't apply for Chap 35 until '02 they can't pay prior to 1 yr prior to '02. They lie!!!!!!!!!!!!!!!! CUE voids all previous claims/actions. Here we go again!!!!!!!!!!!!! Grrrrrrrrrrrrrrrrrr!!!! Always appeal!!!

pr

When I was denied Chapter 35 when I got TDIU I appealed the denial. One year later I got my Chapter 35 which means I was rated P&T retro to the date I got TDIU. When the VA denies you a benefit I say appeal it.
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  • HadIt.com Elder

PR

Appeal to the Education VA you are using. Tell them that they messed up and in all likelihood they will say yes in a few weeks

Veterans deserve real choice for their health care.

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  • HadIt.com Elder
Last yr I filed a CUE claim, on my '97 award of P&T. They corrected it to '89 making my daughter eligible for Chap 35. Now they are saying since she didn't apply for Chap 35 until '02 they can't pay prior to 1 yr prior to '02. They lie!!!!!!!!!!!!!!!! CUE voids all previous claims/actions. Here we go again!!!!!!!!!!!!! Grrrrrrrrrrrrrrrrrr!!!! Always appeal!!!

pr

"The woods are lovely,

*Dark and deep,

*But we have promises to keep,

*And miles to go before we sleep".

R. Frost

post-4811-1269258470_thumb.jpg

Edited by Commander Bob

"it shall be remembered"...

"We few"

"We happy few"

************************

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Philip-=I too am having a problem with Chap 35- but it doesnt seem to be their fault -this time-

When they got copy of my recent award letter (direct SC death that trumped the past DEA I got under 100% P & T status of my husband and trumped the FTCA malpractice death-I have both awards)they (VA DEA)sent me about 1,000 toward my past tuition that I paid after my DEA entitlement ran out but this 1,000 fell under the new DEA entitlement date and they asked me to have my school send them a audit form so they could pay the rest of it to me.

I had sent them from my student records proof that I had paid about $6,000 that now falls under new DEA entitlement date.

The financial office at AMU emailed me- since the VA didn't hear from them on my past tuition that "VA only pays one year prior to enrollment"

which is not an issue at all with me-and I asked the financial person for a VA citation and never heard back.

but you said:

"Now they are saying since she didn't apply for Chap 35 until '02 they can't pay prior to 1 yr prior to '02. They lie!!!!!!!!!!!!!!!! "

Yes-it seems the VA not only tries to convolute these retro payments- but my school quoted from them with no citation at all. Now I think AMU is trying to say to me what they(VA) told your daughter.Other DEA eligible students could be getting the same runaround=either someone quoting bogus VA regs or somehow they get a VA person who doesn't have a Clue on the DEA regs.

This stuff HAS to be appealed.

I have nothing to appeal yet as VA asked me to obtain my financial record from my school and their letter and initial check seems to indicate there is no problem and today I have to take the time to read and re-read the Chap 35 regs-

and will post anything here that might help you.

and I need to raise hell with Finance at AMU.

The Chapter 35 regs are so poorly written that one needs to obtain a degree to even be able to read them.

I feel that these types of DEA claims might be first of their kind for some of these raters hired about 2 years ago when VA thought that would alleviate the backlog.

They probably skim through the DEA regs fast in order to find some statement to deny with-without even reading the entire claim itself.

As I understand the regs (and even got letter from VA on this when I applied for DEA)they would pay retro Chap 35 for any educational period within the entitlement date that I had paid to any VA approved school prior to the formal Chap 35 award letter.They referred to my prior college listed on the Chap 35 application but that tuition was paid before I even met my husband.

I would think that reg applies to your daughter, as well as to me and any other dependent in similiar circumstance.

I need to dig out those regs though but am still so burned out from my last 7 year ordeal,that I don't even want to open any of my VA files.Even if money depends on it.

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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