Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Chapter 35.....dea

Rate this question


Sidney56

Question

My son has applied for DEA, but we have not heard anything back from them yet. I

guess DEA has a backlog also. He called and was told that his application was still

in processing and no decision has been made and to wait for notification from them.

My problem is this; he has just completed his freshman year at a college that

he(myself included) does not want to go back to in the fall. The reasons are too

numerous to list, but some are, drug infestation, lack of security(had all his property

stolen out of dorm room),athletic program sucks(he is football all state), etc.

Overall, just not a good learning environment.

When he filed the application for DEA he put this college down so he could get his

backpay. There is no way he will be attending this hole in the coming fall! He has

made up his mind to go to a University that has a pre-med curriculum that matches

his educational goals.

Can he apply to this University even though he has not received his Certificate of

Eligibility from the DEA? Will this cause some type of confusion at the DEA, therefore

delaying his certificate of eligibility?

We are planning on taking a trip to this University to talk to the VA certifying officer.

Hope we can get this all sorted out before summer break is over.

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

There are two separate issues here.

If he is asking for refund of any tuition during his eligibility period ,he has to formally request that and the college will prepare an audit to account for his paid tuition.

He can certainly enroll into any other school that is VA approved (most are and their web site can verify that)but it is receipt of the formal DEA Certificate that prompts DEA to begin ( or to support a request for tuition refund.)

How long ago did he send in his DEA application?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

There are two separate issues here.

If he is asking for refund of any tuition during his eligibility period ,he has to formally request that and the college will prepare an audit to account for his paid tuition.

He can certainly enroll into any other school that is VA approved (most are and their web site can verify that)but it is receipt of the formal DEA Certificate that prompts DEA to begin ( or to support a request for tuition refund.)

How long ago did he send in his DEA application?

This is where it gets confusing to me Berta....

1. When he first started school, he was on a football scholarship, which the coach decided

to snatch(revoke)because he missed a practice before the final game.:ohmy: He then had to

obtain a student loan to finish out the semester. Does he even qualify for back pay of tuition?

Now the school says that he owes them 1500.00 over and above the FAFSA and student loan. I think

they are crooks. :angry: JMHO What do you mean by formally requesting tuition refund?

2. We have not received a formal DEA Certificate yet as he just filed the application the 1st of

April. They stated that the application is still in processing when he called. I guess everything

hinges on the receipt of the DEA Certificate. Hope he can get it before the fall

semester begins. Guess that they are back logged like everything else.

He will probably talk to the new school VA officer, just to get things rolling

until the Certificate arrives.

Just to be clear....VA will pay for his tuition, books and fees plus give him

a stipend check. Am I correct?

Thanks Berta...

Edited by Sidney56
Link to comment
Share on other sites

  • HadIt.com Elder

First he is entitled to the money no matter how his tuition is paid.

My recommendation is for your son to go to the school he wants to attend and meet with the Veterans Rep at the school and let him help. The VA is very strict about following degree plan and any changes have to be approved by them to get paid.

Good Luck

Veterans deserve real choice for their health care.

Link to comment
Share on other sites

First he is entitled to the money no matter how his tuition is paid.

My recommendation is for your son to go to the school he wants to attend and meet with the Veterans Rep at the school and let him help. The VA is very strict about following degree plan and any changes have to be approved by them to get paid.

Good Luck

Thanks Pete :smile:

That was my advice to him also. Since he was never approved for a degree plan(at least not yet),

then hopefully he can get enrolled in the new school before everything is finalized. Is my thinking

correct? Will they even consider him at the new school without the Certificate? Need to go have

a sit down with them...ASAP.

Thanks buddy!

Link to comment
Share on other sites

  • HadIt.com Elder

If he is attending under Chapter 35 DEA benefits he'll receive the stipend and that's all, except maybe if he needs some tutoring. He's responsible for tuition, books, living expenses, etc., basically out of the stipend.

pr

Link to comment
Share on other sites

That is all confusing to me too./ Did he earn credits for the semester?

“Dependents' Educational Assistance provides education and training opportunities to eligible dependents of certain veterans. The program offers up to 45 months of education benefits. These benefits may be used for degree and certificate programs, apprenticeship, and on-the-job training. If you are a spouse, you may take a correspondence course. Remedial, deficiency, and refresher courses may be approved under certain circumstances. “

http://gibill.va.gov/benefits/other_programs/dea.html

These are the rates the VA will pay:

http://gibill.va.gov/resources/benefits_resources/rate_tables.html#Ch35

"What do you mean by formally requesting tuition refund?"

I am a DEAer. As Pete said the VA must approve the degree program or whatever the DEA is for.,

This is how it worked for me-I contacted the school's financial aid officer (I had already told VA what school on the Chap 35 DEA app) and got a VA contact email addy at VA Edu in Buffalo NY.

As each semester came up I paid the tuition and then advised the school's Financial aid counselor and Cced my VA Edu person with email that included

1.my student ID number

2.The description of the course

3.the period the course ran from

4. the professor teaching the course.

5.and date and amount of my payment of tuition.

I had a book grant from Marine Corps Assoc-he should see if any book grants are available and I attended online classes so no big gas bills but I did have the expenses of normal PC college use.(actually I upgraded to Satellite net and got new PC)

The DEA checks were hard to depend on as to when they would arrive from the VA.

The VA figured out a daily rate to pay me by.

It came to almost the same amount as the entire tuition.

"What do you mean by formally requesting tuition refund? "

If he is eligible for refund under DEA for his past semester (I cant tell here if he is) once he gets the Certificate of Eligibility he could apply for refund of that specific tuition.

He would need an audit from the other school's financial records showing basically the same stuff I mentioned above as to course description, length of course ,grades (you have to maintain a certain GPA for DEA I think) and proof of payment.

When I got a new entitlement date due to my last award letter I got refund of around 5 or 6 thousand as my DEA ran out before I got my degree.

Once the school sent to VA the specific form that proved what courses I took, etc etc and proof of payment,beyond the older entitlement date but within the new entitlement date- the check came fairly fast.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use