Executive Order On Educational Break Pay

[deltaj]

I am receiving Chapter 35 dependents educational assistance while attending college as the spouse of a permanently and totally disabled service connected veteran. Recently V.A. sent me a letter mentioning that educational break pay had been discontinued. That letter mentioned an exception of benefits paid under Executive Order. I can't find my copy of the letter for exact wording but somehow this letter from V.A. triggered my memory about an Executive Order President Jimmy Carter issued. Executive Order 12020 was signed on November 8, 1977 by President Jimmy Carter. That Executive Order, printed in the Federal Register on 11/10/77 on page 42 FR 58509, permits payment of educational benefits to veterans and dependents when schools are temporarily closed to conserve energy. It has never been revoked. After recalling that Executive Order, I went to see the veterans service officer at my college and asked whether the college where I was attending was closed during Christmas break due to energy conservation. I was told that was exactly why it was closed and we discussed the dates it was closed for energy conservation. Obviously, I am going to appeal V.A.'s determination that I was not entitled to educational break pay during Christmas break. Do you folks at hadit think that I need a written statement from my college that they were closed during Christmas break for energy conservation? Would such a written statement need to come from a college official? What happens to my potential appeal if this college refuses to give me something about this in writing? I have already tried searching online for information from this college on closure due to energy consderation.

Edited March 28, 2011 by deltaj

[broncovet]

Delta

Good post. While I can not answer your question specifically, I would suggest that the VA seems to require proof

from Veterans about everything, so my guess that if you appeal it, send a letter from a school official that the school was closed due to energy conservation. I would not leave that to chance. YOu can see the handwriting on the wall.

I mean I do agree there is case law that the BVA cannot disregard the Veterans testimony solely on the bases that he is an "interested party", still, the law does not say that they have to take your word for it either.

My advice, having dealt with Ch. 35 with my son is to send in the school official letter BUT dont count on that being accepted either.

[Berta]

Gee the GI Bill VA site (which as all sorts of educational info) says this:

"What do I have to do to get break pay?

Question

What do I have to do to get break pay?

Answer

You do not have to do anything to receive break payments - VA will automatically pay benefits over qualifying breaks and intervals between terms.

Effective August 1, 2011 break pay will no longer be payable."

https://www.gibill2.va.gov/cgi-bin/vba.cfg/php/enduser/std_adp.php?p_faqid=1407&p_created=1268933417&p_sid=lEUaR4qk&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MTE0LDExNCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUJyZWFrIFBheQ**&p_li=&p_topview=1

The VBN site seems to indicate that a natural disaster could qualify for break pay.???? No regs or any citations for that however.

I would appeal this Delta.This was a part of the new GI Bill package I think.And that could change down the road.

WOU (Western Oregon University site says this under their Chapter 35 info:

Benefits

* Monthly stipend

o Payment is made to the student at the end of each month.

+ Payment is sent via check based on the address you provided to the VA with your application.

+ Check your monthly payment rate.

+ Effective August 1, 2011, break or interval pay is no longer payable under any VA education benefit program unless under an Executive Order of the President or due to an emergency, such as a natural disaster or strike. Entitlement that previously would have been used for break pay will be available for use during future enrollment periods.

o Advance pay will provide pay for the first two months.

http://www.wou.edu/provost/registrar/veterans/chapter35.php

A school closing is beyond a student's control.I would appeal this if I were you.

[deltaj]

Gee the GI Bill VA site (which as all sorts of educational info) says this:

"What do I have to do to get break pay?

Question

What do I have to do to get break pay?

Answer

You do not have to do anything to receive break payments - VA will automatically pay benefits over qualifying breaks and intervals between terms.

Effective August 1, 2011 break pay will no longer be payable."

https://www.gibill2.va.gov/cgi-bin/vba.cfg/php/enduser/std_adp.php?p_faqid=1407&p_created=1268933417&p_sid=lEUaR4qk&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MTE0LDExNCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUJyZWFrIFBheQ**&p_li=&p_topview=1

The VBN site seems to indicate that a natural disaster could qualify for break pay.???? No regs or any citations for that however.

I would appeal this Delta.This was a part of the new GI Bill package I think.And that could change down the road.

WOU (Western Oregon University site says this under their Chapter 35 info:

Benefits

* Monthly stipend

o Payment is made to the student at the end of each month.

+ Payment is sent via check based on the address you provided to the VA with your application.

+ Check your monthly payment rate.

+ Effective August 1, 2011, break or interval pay is no longer payable under any VA education benefit program unless under an Executive Order of the President or due to an emergency, such as a natural disaster or strike. Entitlement that previously would have been used for break pay will be available for use during future enrollment periods.

o Advance pay will provide pay for the first two months.

http://www.wou.edu/provost/registrar/veterans/chapter35.php

A school closing is beyond a student's control.I would appeal this if I were you.

Thank you Berta for posting this information. I'm pretty certain the wording you posted matches the letter I received.

[brokensoldier244th]

A school closing on a scheduled basis is not a disaster or an emergency, and it IS within the student's control. They know about it for months. If you really need the money I suppose you could work on campus for the term, assuming you are doing the traditional student route for extra money. Break pay is no longer payable under the guidelines for the program. What is there to appeal? Not paying for breaks to build future funding for you or other veterans is a good thing.

Edited March 30, 2011 by brokensoldier244th

[deltaj]

A school closing on a scheduled basis is not a disaster or an emergency, and it IS within the student's control. They know about it for months. If you really need the money I suppose you could work on campus for the term, assuming you are doing the traditional student route for extra money. Break pay is no longer payable under the guidelines for the program. What is there to appeal? Not paying for breaks to build future funding for you or other veterans is a good thing.

Ny college does not offer V.A. work study. Break pay is payable under an Executive Order of the President. Since President Carter signed an Executive Order permitting payment of Dependents Educational Assistance to students at schools closed for energy conservation, I will appeal V.A.'s decision not to pay me Dependents Educational Assistance for any break when my school is closed for energy conservation. I intend to provide written documentation of the reasons for the school closure with my appeal. My college is more than 70 miles from home and I travel there four days per week. In connection with my nursing program I also volunteer at a hospital two days per week that is about 45 miles from my home. I am taking College Algebra and Basic Nutrition so I don't think I can find the time right now to work.

[brokensoldier244th]

Why do you think an Exec Order signed by Pres. Carter has any weight now? Good luck, but I don't think you'll have much luck. This is a new law that most likely supersedes past ones.

-CAS

Ny college does not offer V.A. work study. Break pay is payable under an Executive Order of the President. Since President Carter signed an Executive Order permitting payment of Dependents Educational Assistance to students at schools closed for energy conservation, I will appeal V.A.'s decision not to pay me Dependents Educational Assistance for any break when my school is closed for energy conservation. I intend to provide written documentation of the reasons for the school closure with my appeal. My college is more than 70 miles from home and I travel there four days per week. In connection with my nursing program I also volunteer at a hospital two days per week that is about 45 miles from my home. I am taking College Algebra and Basic Nutrition so I don't think I can find the time right now to work.