Chapter 35

[Rich T]

First of all I am able to post some now. My wife has been an in-patient since July 13, 2010. It has been a whirlwind of a ride. She was intubated and had to be weaned off the ventilator. Later she went into kidney shock. I want to tell you we were making funeral plans 10 days ago. An alternative, if she could go home, seemed like the hospice nurses would need to be called and we just go home. However, we prayed earnestly and The Lord was good to us. Judy had a miraculous turn around and was moved to a Nursing Rehab center last night. My physical limitations make it very difficult to help her, but we are going to learn to use a hoyer lift and some techniques that she will help with diapers and bed matt changing. I am looking at the Toyota Sienna that has an ACC seat already installed, both for me and my wife.

The question as stated in the topic has to do with a young lady from our church that we pay to help out at home. I learned that her mom uses ChampVA, so I asked Jenn (age 28) more about her Chapter 35 usage etc. She knew nothing about it. Her mom didn't allow her to know anything about the divorced dad, and he passed away 23 years ago. The mom told Jenn he was a secret spy (really) and nobody was ever allowed to know about him. She told Jenn to never question the VA about benefits, as she was afraid they would take away her income. On the other hand, Jenn's mom says she informed her about chapter 35 when she was 18, but of course at that age who listens? Jenn dropped out of high school at 16 and had a baby. She lived a very limited self centred life style until she gave her heart to the Lord Jesus two years ago. Now she is on track with a good life-style. She studies every minute she can with self study courses at the library, or at our house. She is enrolled at the local community college this May. She applied forHer mom wouldn't tell her the dad's social,or his service number. We (her and I) called ChampVA and with being the beneficiary, asked if she ever had claims as a child, we used her social. They told her that she did, so we asked what the sponsors number. They told us. We used that to call the VARO and see if she may qualify for chapter 35. Of course they told her she was too old. I had her apply anyway stating she never knew about the benefit. Naturally, she was denied. In the denial the RO said she would have to 'PROVE' she never knew about chapter 35.

My quest here is to find a VA 'magic' word that Jenn can use to prove her case. By 'magic' word, I mean words we know to use, like; 'More likely than not, etc. Any ideas would be helpful. The appeal has to be right the first time, so we are trying to gather as much info as possible. The shame is Jenn has older brothers and sisters that too know nothing. --Ah, my dear sir, bingo. Jenn is NOT alone. If they were not told (statements from others) then more than likely she was not told. Thank you all for your input.

[Pete53]

My experience with my oldest son was the VA would say no than you would appeal and than they would grant. I think that if she signed and notarized a statement that she had no knowledge under penalty or perjury or as an oath that they would grant her the waiver.

I am glad to hear about Judy I was worried about her but it seems that things are better.

You both are in my prayers.

Pete