Getting Dea Started... Should Be Simple, Right?

[hedgey]

When I got my decision papers for my 100%, they said that my college student kid was eligible for DEA going back to the date I was given as my retro date, which was back in 2009. Yay, this will help her pay off her student loans!!

So my kid fills out the DEA application, sends it in. Gets back a letter from DEA saying she must fill out a very short form, choosing the date from which to begin receiving DEA benefits. The letter clearly states that the choices are between the 2009 date and the date I was notified of my 100% rating (December 2010). Naturally, she chooses the 2009 date to get the retro. She also has taken the letter to her college VA representative, to have them fill out & send in the VA form 1999 (certification of attendance or whatever).

So far so good, right?

Yesterday she gets a letter from the VA saying (italics mine):

"By law, VA can't pay for training you received before you became eligible for benefits. Since you became eligible for benefits on November 22, 2010 (where did this date come from???) we can pay you starting on that date. However, we can pay for the remainder of your training if you return the election sent February 28, 2011. Based on the VA Form 1999 you submitted, we recommend that you choose August 30, 2010 as your begin dated since this was the date you began training."

WTH? Okay, I can see that maybe the college didn't fill out the 1999 right, that they left out her previous year of attendance (she started at this college in fall 2008). So I'm going to call or have her visit the VA rep this week and clarify that. But what the heck is the deal with saying she became eligible on November 2010???

The really funny thing is that the letter she got stating her eligibility began in 2009 and this letter saying Nov 2010 is "signed" by the same person....

Along with this new letter was the VA Form 4107, telling her about her right to appeal. Why the heck should she have to go through the appeal process when this is such a clear bungle?

I'm so mad I could spit nails. I really feel like this is almost intentional, because her first reaction was "Rats, that stinks... oh well..." She doesn't know any better, and would just let it drop.

[Berta]

VA Educational department is sometimes an oxymoron.Sometimes however they get smart enough to confuse and confound an issue and that can always cause a claimant cash.

They did this to me when my recent award altered my DEA eligibility date.I picked the most favorable date because I might return to AMU for next degree.If I had picked the date THEY requested that I pick- I would have been in the crapper as far as my DEA retro went.

I had to really read the date choices carefully since VA owed me about 6 thousand in retro due to the new award letter of 2010.

So I was able to pick a date that not only covered the retro time frame for which they they owed me but also which gave me the best opportunity to complete a 2 years Bachelors in part time attendance which might take me 3-4 years under my new eligibility.

They tried to screw my daughter out of 7 years of DEA due to her 26th birthday but they missed her DD 214 and 7 years Military service on the application but they immediately dropped that idea when I prepared a NOD for her with a copy of the regs.That only took 3 weeks to resolve.

I realize now I could have asked them to CUE themselves instead.

If VA Edu makes a clear and unmistakable error in any DEA matter like wrong eligibility date etc- ask them to go CUE themselves and send them copy of the law they manipulated but make sure if you don't hear from them soon, to file a NOD.

VA EDU department does work on Nods much faster than the RO regarding SC claims-in my experience.

The good part about VA EDU is that once the eligibilty and college matriculation stuff is done, they are usually very good to deal with.

I had to pay my tuition first and then after they checked my course status, they sent the check. I could never depend on exactly when it would come but it did seem to work fairly smoothly as I coordinated my tuition payments and course info with the school's VA counselor and with VA EDU by email every semester.

[hedgey]

Thanks so much for the good advice, everyone... nope, NOT giving up. And certainly not making the trip to the VARO if I can help it. I start feeling a panic attack coming on just thinking about it. And I'd have to go with my daughter because I don't trust them not to shine her on. Argh, I'm having heart palpitations just thinking about it! Deep breaths... deep breaths....

I'm waiting to hear back from the school's VA Rep. From what my daughter said, she's not the most pleasant person to deal with. I want to know from her exactly what dates of attendance were put on the Form 1999, and maybe get a copy of it.

Berta, I know I should be able to find this, but can you help me find the law they violated? If you could point me in the right direction, I'd really appreciate it. I'm heading now to find info on how to request a CUE.

thanks again!

[hedgey]

UPDATE!

Just talked to the Director of Financial Aid at the college, who handles the VA Rep duties. Turns out she didn't read VA Certificate of Eligibility past the first line that mentions the date of my rating being determined. She only reported my daughter's attendance for the past year of school and didn't certify back to the earlier 2009 date of eligibility.

She's going to call the VA to find out how to fix it. Also, she agreed (hesitantly) to call me back and let me know what happens.

So maybe she can fix this mess?!?

Oh, I do believe in Financial Aid Directors, I do believe in Financial Aid Directors, I do I do I do!!!

[Berta]

I would just state, "Under auspices of 38 USC, 5109, I claim that the VA has made a clear and unmistakable error to my detriment."

And then state basically what the VSO meant:

"My VSO said to send them a letter saying essentially "hey, pay attention! Eligibility date is 2009. That date was chosen. School verified enrollment" and that would settle it.

(That is your daughter has to do this. You can write it for her but she has to sign it)

"She also has taken the letter to her college VA representative, to have them fill out & send in the VA form 1999 (certification of attendance or whatever)."

"I can see that maybe the college didn't fill out the 1999 right, that they left out her previous year of attendance (she started at this college in fall 2008)"

That date should be fixed too.The VA 1999 form includes not only the school's attendance verification but also an audit of the tuition that was paid.

GEE- I was looking up my emails to and from VA and AMU to see what was there that could help you but you posted this update!

My school made the same error itself on the years of my attendance.

SHE should fix this herself! Disregard my suggestion of CUE.

[hedgey]

SHE should fix this herself!

Berta, you mean the school FAO/Vet Rep, right? It's okay if I help my daughter with this, isn't it?

Thanks so much for all your help with this. I'm printing out your reply and filing it right now so I can find it later!

[Berta]

"you mean the school FAO/Vet Rep, right?"

Yes

" It's okay if I help my daughter with this, isn't it?"

Yes-of course- I didn't mean your daughter made any error at all and you certainly can help her.

However- I tried to ask VA EDU a question regarding my daughter's DEA years ago and the VA replied that I sort of had no business asking this specific question about her DEA because she was an adult (and serving in the Military at the time) and she had to ask the question since they were her benefits.

She had been in the Mil for 3-4 years by then, had been overseas , and had a sensitive Intel clearance yet I was still wondering if she always looked in both directions before she crossed the street.

They are always our babies I guess ,Hedgey and I sure hope the FAO rep can straighten this all out for your daughter.

My daughter,when she got the erroneous DEA letter , was furious because she said here it was her very first contact as a veteran,with the VA -and they couldn't even handle that right.

I just said Honey-Welcome to my World.

This is SOP for the VA.

Edited March 28, 2011 by Berta