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Dea Benefit Cue?

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hawkfire27

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Hi all I have recently posted regarding my DEA benefits being denied based on the fact that the eligibility period of ten years had ended. However we weren't married and therefore I was not an eligible person at that time so I could not have eligibility determined.

Wellllllllllll. The congressman got involved and I received a statement of case which shows they did not review thee vidence I sent in in support of my claim, and that they continue to deny me.

"Evidence:

The veteran C&P record (No mention of any other evidence I put in, though the rep on the phone says my evidence was adjudicated on the 19th October last year)

Decision:

The denial of DEA was correct

Reasons and bases:

The Spouse of a veteran that was found ot have total and service connected disability for VA purposes has 10 years to use DEA benefits. VA cannot extend the 10-year period based on date of veterans marriage.

The Rating Decision in veteran's C&P file reflects the date of rating as July 1996 and the vet was notified on September 1996. A spouse of this veteran could begin utilizing DEA benefits as late as September 1996. Therefore the 10 year eligibility period ran out on September 2006.

The date of marriage has no bearing on the veterans determination for DEA benefits... The date of marriage is use solely to determine the earliest a claimant can receive DEA benefits if eligibility is established. Education benefits can not be paid prior to the date of marriage. Even though the claimant was not married to the veteran when VA determined the veteran 100% SC disability, the claimant is still bound by the 10 year eligibility period for spouses. Denial of DEA benefits was appropriate."

Any thoughts?

Edited by hawkfire27
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Well nearly six months later, I ring to check up on my appeal.....

I call the education hotline in muskogee. who tell me the appeal is at the BVA and that I need to ring the BVA to find out any information about my appeal.

I call the BVA and I am told they don't have my file and have never had it, so I ask if they may be able to tell me where it is. The lady did a search on her computer and tracked the file to Albuquerque regional office.

I call Albuquerque regional office, who tell me it have gone to the BVA in September.

I call the BVA again and tell them what albuquerque is saying. They tell me again that a live search of teh file number shows it is currently sitting in Albuquerque (Sounding familiar anyone?)

I call Albuquerque again and get a different person, who tells me they do have the file but its in apeeals. I ask for more information about the process for BVA stating that Albuquerque has had the Form 9 etc since June and it is now December, when can I expect movement on it. The lady tells me that it is currently sitting in appeals where it is waiting for a hearing transcript to be added to the file before it is sent to BVA.

WHAT!!!!!! What hearing, I haven't done a hearing, I am still waiting six months later to be assigned a date for the Video hearing. Lady on hone seems confused and puts me on hold go and talk to her supervisor. I wait on phone for 30mins and then I get cut off.

I call back, fill the man on the phone in on the whole story, and he asks me if I have been given my hearing date, and I say no, he then says it has been sitting in the wrong unit for the last six months and moves the file to the hearing unit where i can get a date and get my hearing. I ask him how long this will take, he told me it should take about 3 to 6 months to get a date and then probably about another year before the actual hearing. The another 6months for appeal development before the file is sent to BVA.

What the hell is going on! I am so frustrated. I will literally have completed my Bachelors degree from start to finish long before I ever see a dime of money from the Chapter 35 Dependants education benefits. Just another case of the VA screwing over the vet and his family. My husband is 100% P&T and Chapter 35 is supposed to be one of those benefits that help the vet to support his family. Why is this such an issue???

Because the initial Chapter 35 claims person who rated the claim thought I was asking for a 9/11 GI Bill because that is all they had been trained in, and if I was applying for (/11 GI Bill benefits they would be right, I don't qualify, but no I am stuck in a bulls**t limbo all because the VA failed to train their employees with the skills they needed to do their job.

Grrrrrrrrrrrrr, O.K. Rant over, sorry about that.

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I am sorry no one posted here as a reply to you.

Yes this IS BS!

Still- if the Video transcript could possibly alter the situation , then maybe the RO could straighten out the Chapter 35 problem and the claim wont have to go to the BVA.

Have you checked at BVA web site under a search to see if anyone has used Cypert decision in the last year there for a Chapter 35 matter?

When I got an award earlier this year that impacted on my Chapter 35 dates (and my daughter's dates) I bypassed the RO completely and got VA Edu in Buffalo to handle it.

The VARO should had stated the new Chapter 35 eligibility right in the award letter but conveniently left it out.Had I not known the regulations, the VA would not have even refunded my tuition under the new award.

I wonder how many times they get away with stuff like that.

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Hey Berta, Thanks for replying.

There has been one case, but is it a little different than mine. Though it does draw upon the decisions made during the cypert case. The findings in the cypert case were upheld and the delimiting date was extended for the spouse.

Which guess is great news, it means that nothing has really changed since the Cypert case, and it also means that the BVA is starting to pick these cases up which prevents people from needing to go to the CAVC like Mrs. Cypert had to.

This is the link if your interested: http://www4.va.gov/vetapp10/files3/1025650.txt

I just at the space where I take out student loans to pay for my education, and hope like hell the VA comes through in the end, it would be either that or give up my 4.0 and honor role status to get a minimum wage jobs in the small town, just like before, which I am trying desparately to avoid!

I came across a very cool sign the other day: "I am a Veitnam Vets Wife, What's your Superpower?" :-)

I am sorry no one posted here as a reply to you.

Yes this IS BS!

Still- if the Video transcript could possibly alter the situation , then maybe the RO could straighten out the Chapter 35 problem and the claim wont have to go to the BVA.

Have you checked at BVA web site under a search to see if anyone has used Cypert decision in the last year there for a Chapter 35 matter?

When I got an award earlier this year that impacted on my Chapter 35 dates (and my daughter's dates) I bypassed the RO completely and got VA Edu in Buffalo to handle it.

The VARO should had stated the new Chapter 35 eligibility right in the award letter but conveniently left it out.Had I not known the regulations, the VA would not have even refunded my tuition under the new award.

I wonder how many times they get away with stuff like that.

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I sure will check that case out -Thanks!

And I am glad nothing has changed re: Cypert and I sure hope this all finally gets resolved in your favor.

One of those dopes -- oooops I mean employee from VA Educational Department ( an oxymoron sometimes)

didnt know how to read my daughter's Chap 35 app.They awarded her one Month of Chap 35 yet failed to read that she had 7 years Military service and had sent them copy of her DD 214.

She couldnt believe that they screwed up her very first contact with the VA!

I could!

Mommy wrote a scathing NOD for her and enclosed the actual reg that extends Chap 35 for length of mil time (it is even cited on the application DUH!)

I mailed it to her, she copied and signed it and sent in it and 3 weeks after she got the wrong VA letter they reversed and extended her Chap 35 by 7 years.

This goes to show how carelessly they read out stuff and this can cost us time and money.

I love that sign- wish I had one in my yard that says "I am a Vietnam Vet's surviving spouse so don't even try to ---- with me"

Well no one does around here -maybe I should just use that as my letter template on all my mail to the VA!

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