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."
Question
hawkfire27
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?
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