Anyone Know The Law That Requires Va To Notify

[hawkfire27]

I am in the process of writing out my form 9 for the BVA appeals process. I was just wondering if any of the bright and inquiring minds here on hadit might help me with the law I should quote that may help me.

I am trying to point out the VA's failure to notify. I need the CFR that says they have to notify me of DEA benefit eligibility.

HELP!

Edited May 16, 2010 by hawkfire27

[sharon]

38 U.S.C. Chapter 35 and regulations at 38 CFR 3.807 establish educational benefits

[JustPLS]

I am in the process of writing out my form 9 for the BVA appeals process. I was just wondering if any of the bright and inquiring minds here on hadit might help me with the law I should quote that may help me.

I am trying to point out the VA's failure to notify. I need the CFR that says they have to notify me of DEA benefit eligibility.

HELP!

I'm not sure this will be any help, but eligibility for DEA can be found in § 3.807 Dependents' educational assistance; certification. You might also look around in the area of § 21.3002 Administration of Survivors' and Dependents' Educational Assistance Program. I was unable to find any regulation that required notification of eligibility. You might find something in M21-1MR, Part III, Subpart iii, Chapter 6, Section C.Good luck!

[Berta]

Do you mean they awarded 100% P & T but completely failed to award Chapter 35 DEA?

I have topic here called Preparing an I-9 and it contains the wording of a caveat that NVLSP suggests using on the I-9 form.

[hawkfire27]

Hey Berta :o

It has to do with the DEA benefits they have denied me, that I have posted about. I'm using the Cypert vs. Peake case, but it is now at the BVA stage. I contacted mrs. Cypert's lawyer that got her DEA benefits granted at teh CAVC, but he won't take my case until it goes to CAVC. So I am doing the Form 9 right now and trying to attack from as many angles as I can.

In my husbands rating letter in 1996 it grants DEA benefits for dependents, however this ran out in 2006 and I married him in 2009. The thing is in the letter, it states that only 3 of his five children were eligible for DEA and it didn't mention anything about his spouse being eligible even though he was married at the time. So I am trying to point out they didn't advise him his spouse was eligible, and I know there is a law around here somewhere about the VA's duty to inform and assist, but I can't find it, in relation to DEA benefits.

I would be very interested to see the "Preparing of an I-9" info that you mentioned though. I have until the end of June to get teh form 9 in to the BVA, so I have time to get it right. Unfortunately I have been unable to find a VSO that knows anything about DEA benefits here in New Mexico, they know the standard stuff, but I seem to know more about this situation than they do, so I probably better off doing it myself anyway.

I m going to request a video hearing, because I was informed the standard BVA hearings in Albuquerque VARO have a huge wait list.

Any help would be great, this is the first form 9 I have done on my own.

Do you mean they awarded 100% P & T but completely failed to award Chapter 35 DEA?

I have topic here called Preparing an I-9 and it contains the wording of a caveat that NVLSP suggests using on the I-9 form.

[carlie]

hawkfire,

Here's a link to M21-1MR for you.

Click on it and scroll down to Chapter 5 - Appeals,

then scroll down to Section E - Filing a Substantive Appeal.

I think it has most of everything you are looking for.

Hope this helps a vet.

carlie

http://www.warms.vba.va.gov/M21_1MR.html

[carlie]

hawkfire,

This BVA case may have something helpful in it, for your issues.

carlie

http://www4.va.gov/vetapp10/files1/1001667.txt