Chapter 35 Retro

[Philip Rogers]

Has anyone here received DEA Chap 35 benefits, retroactively??? They just keep jerking us around. I won a CUE claim, in 2009, for P&T back to 1989. This allows a Chap 35 award for my daughter, who was between 18-26yo, in '89. The starting date, under the first finds rule, should allow her to choose 1989, 2009 or any date in between. The VA is saying that because she first filed in 2003 and was denied they can only go back to 2002, one year prior to her filing. I believe that issue is moot, as the CUE voided any decisions prior to the CUE award, including her first filed date of 2003. They are using 38 CFR 21.4131 and saying they can't pay for classes attended from 9/93 - 6/98. Here's a link to 38 CFR 21.4131: http://cfr.vlex.com/vid/21-commencing-dates-19777975. Additionally there are a few date typos that are confusing in the SSOC, she recently received. Any help would be appreciated! Thanks!!!

pr

[Berta]

Recently they sent her "pick your date letter"-I got one myself a month ago-

the dates have to be carefully thought over sometimes-

if I had picked the most favorable beginning date for my new DEA entitlement- I could have picked a date which was out of the retro time frame.

VA is determining the balance of my retro now and I had to pick the beginning date so I used date of the first course I took after my past DEA ran out. Otherwise I think DEA would have snookered me out of some retro.:)

Thanks for posting all this- I need to preuse all of it-

DEA can get confusing and VA Edu Dept can be an oxymoron sometimes.

[Philip Rogers]

Berta - the more I read the more confused I get. I'm going over that BVA case you referred me to, in addition to the precedent I posted previously.

I know she's entitled to the period from '93-'98 but want to be sure I don't screw up any appeal rights she may have, should I be wrong. We've already been dealing w/this for 7 yrs.

pr

Recently they sent her "pick your date letter"-I got one myself a month ago-

the dates have to be carefully thought over sometimes-

if I had picked the most favorable beginning date for my new DEA entitlement- I could have picked a date which was out of the retro time frame.

VA is determining the balance of my retro now and I had to pick the beginning date so I used date of the first course I took after my past DEA ran out. Otherwise I think DEA would have snookered me out of some retro.:)

Thanks for posting all this- I need to preuse all of it-

DEA can get confusing and VA Edu Dept can be an oxymoron sometimes.

[Philip Rogers]

Bump - FYI - my daughter is 40yo.

pr

I've edited this to correct where the emoticons are posted in my previous post.

pr

[Berta]

Philip-somewhere here I mentioned that-when my award letter changed my Chap 35 eligiblity dates-

I received a letter asking me to pick the beginning date-for the new elgiblity- I think your daughter got letter like that?

My school messed up the paperwork-not VA Edu- and finally straightened that out-

I picked s atart date that did cut into the new 10 year award date (widows get 10 years from entitlement date)

because the start date had to cover the retro they owed me when my prior elgibility ran out.

Does that make sense and would this apply to your daughter?

In other words-my Chap 35 ran out in Dec 2004 but I continued school the next semester -paying for it the next 3 years on my own.So I picked the start date to cover the very first tuition payment I made-After the older eligibilty period ran out because I felt any other date would have not made me eligible for the entire college retro for 4 years.

It worked as I got the check yesterday. When they heard from my school (the problem I had was not with VA on this) they immediately processed my retro.

I dont have the letter yet so I dont know if the amount is correct but maybe this will help someone here-

Chapter 35 regulations are difficult to comprehend.

For anyone who receives a new entitlement date-they have to be careful when they pick the start date for the new entitlement.

If I had picked a start date within the eligibility period that did Not supercede the course dates for what I paid for myself in 2004,05,06,07-then VA could have easily snookered me out of those Chapter 35 retro payments.In my opinion.

Does anyone here have any Chap 35 situation like this?

Asking us to pick our own start dates -to me- could easily cause someone to lose out on thousdands in Chap 35 retro if they pick the wrong date.

Maybe when the letter comes I will have more info -a big problem with Chap 35 is not only are the regs convoluted

but I have yet to meet any vet rep or NSO who understands them.

Edited April 11, 2010 by Berta

[SLEDGE]

Winning a CUE claim tolls everything that came about before the CUE win.

The VA is not allowed to deprive anyone of their benefits that would have been available back on the new effective date, as the result of a VA mistake...

If your kid was going to college during the effected time frame, between now and back to the new effective date, the VA is screwed.

Administrative errors by the VARO don't cause anyone to lose anything.

But, it will probably take some time to receive it.

That's the VA.

I suspect 2 of my college graduated kids will be chasing their retro when the administrative errors in my case are recognized and corrected.

So far, just recently recognized (March, 2010).

Waiting on the correction.

sledge

[Philip Rogers]

Berta - My successful CUE(6/09) awarded her DEA benefits but she had first applied in '03 and now they are saying her award can only be from '02, if she wants to use them. They say she could claim an earlier date and they would allow it but not pay any money. I feel the successful CUE wiped out/voided the '03 application and she has a choice of my original claim/award date, the date of her notification, of the award from my CUE, or any date, in between, she chooses. She's tired of the fight, at this point.

On your claim, did you get DEA from both spouses? In my 6/09 successful CUE they failed to award my ex DEA benefits, so I feel I have another appeal to process. She should be able to collect for classes, we paid for, from '91-'94. Thanks!

pr