Question About Ch.35 Benefits Extension

[crawsfire]

It has been mentioned here that it is possible (and even common) that an extension is granted for recipients of CH.35 benefits. Does this mean that an extension is granted to the 45 month cap (you can get paid for more than 45 months of benefits) or is this just an extension to the time limit imposed on you to use the 45 months of benefits? Thanks.

[hawkfire27]

It is my personal understanding that there are two different types of extension.

There is a limit extension which extends the 10 year period to use the benefits to20 years,for certain spouses

Then there is the 45 month extension. You can get paid for more than 45 months, although I have always been advised it is 48 months not 45 months,so I don't understand whats happening there????

If you are nearing the end of a degree program, such as, one semester and you would be done,they will continue to pay until the degree is complete. However, there is not an extension for another degree such as a Masters as you suggested you wife wanted to do. Only for the completion of her nursing degree.

Also some people have brought up Voc Rehab. This is a completely different program than Chapter 35 benefits for dependents,with completely different criteria. So while you can receive multiple extensions and grants form Voc Rehab this is not available to dependents unless they are eligible for Voc Rehab because they are disabled secondary to their veteran parents disability or exposure.

It has been mentioned here that it is possible (and even common) that an extension is granted for recipients of CH.35 benefits. Does this mean that an extension is granted to the 45 month cap (you can get paid for more than 45 months of benefits) or is this just an extension to the time limit imposed on you to use the 45 months of benefits? Thanks.

Edited May 29, 2011 by hawkfire27

[hawkfire27]

No! You are debited 1/2 time. So if the semester is 5 months, you are debited 2.5months of benefits.

If you have been debited more thanthis you can call the 1-888-GI-BILL-1 and request an audit. The audit should show what have been debited and what has been payed, and the number of credits your school has certified.

If something is wrong you can (and should) ask for a review, and then an appeal.

So if you only go to school 1/2 time for one quarter are you still debited a full months worth of entitlement for each of the months in that quarter? The VA has subtracted one month of entitlement from the 45 available no matter the amount of classes taken which doesn't seem right.

[Philip Rogers]

She knew the rules at the beginning and if she didn't that's a different matter. If I recall correctly, 10 yr expiration date, with maximum of 45 months paid benefit. That sure sounds fair to me. Not to be a hard a** but if she doesn't use it, in time, who's fault is that??? It sure isn't the VA's fault! I hope she can get the extension but I seriously doubt it. If you can prove me wrong I'd love to hear it! Now, if for any medical or hardship reason, she was unable to attend school she could probably get an extension, but I believe that would be the only reasons for an extension. The deadline is 10 yrs, whether full-time, half-time or quarter-time. jmo

pr

So if you only go to school 1/2 time for one quarter are you still debited a full months worth of entitlement for each of the months in that quarter? The VA has subtracted one month of entitlement from the 45 available no matter the amount of classes taken which doesn't seem right.

[Berta]

If you search the BVA under extensions Chapter 35 some cases will pop up to explain the regulations as to extentions.

I hope I didnt give wrong impression on my Chapter 35.

My limiting date was sometime in late 2004.VA paid Chap 35 up to that date.

I stayed in school until I graduated.(2007)

Upon receiving new direct SC award, my Chap 35 was 'extended' in a way as it was re- determined by the newer award letter.

Hawkfire gave excellent and more detailed info here.

If the entitlement date of your SC for P & T could somehow be altered more favorably- then in some cases like mine, the VA would have to give your spouse a better limiting date.

I just realized, reading this, that maybe even my AO claim could alter my Chapter 35 cut off date again- but not sure on that.

The new AO presumptives could alter Chapter 35 eligibility and it's dates for many dependents of veterans as well.

Say a vet finds under the new AO regs that their AO disability is rated as 100% P & T.That would trigger potential Chapter 35 for their dependents retroactively as well as providing a favorable limiting date (perhaps)

Do you have any pending claim for a different disability that could perhaps warrant a new SC 100% P & T award (such as a new AO claim)

that could also generate, as in my situation, a brand new Chapter 35 decision and new date of eligibility?

Edited May 29, 2011 by Berta

[Philip Rogers]

What Berta said is true. About 1-2 yrs ago, I won a CUE claim, dating back 20yrs, thereby allowing my 40yo daughter to pick her Chapter 35 dates. Of course the local RO is still giving her a problem, w/her claim but we know she'll win, in the end. I should point out that the DRO, at my VT VARO, explained to me exactly what to do, and how to do it, and we are forever greatful, for his advice and help.

pr

Edited May 29, 2011 by Philip Rogers

[crawsfire]

She knew the rules at the beginning and if she didn't that's a different matter. If I recall correctly, 10 yr expiration date, with maximum of 45 months paid benefit. That sure sounds fair to me. Not to be a hard a** but if she doesn't use it, in time, who's fault is that??? It sure isn't the VA's fault! I hope she can get the extension but I seriously doubt it. If you can prove me wrong I'd love to hear it! Now, if for any medical or hardship reason, she was unable to attend school she could probably get an extension, but I believe that would be the only reasons for an extension. The deadline is 10 yrs, whether full-time, half-time or quarter-time. jmo

pr

Actually it is the VA's fault because they denied she was eligible for benefits and did so numerous times until i appealed several times and then right before i was to have my hearing they reversed their decision and said she was eligible. The problem was by the time she was notified she was eligible there was only two weeks of eligibility left. This happened because they initially said her eligibility started when i got rated 100% P&T (before we were married) when her eligibility should have started when she became eligible which is the date we were married (that occurred 6 years after i was rated 100% P&T). If the VA had given her an eligibility date instead of telling her she wasn't eligible then she would have started school years earlier and she wouldn't have run out of time.

Anyway, they have charged her one month of eligibility for one month of school regardless if that quarter was for 1/2 time or full time which a previous poster said was incorrect. I will ask for an audit but it won't matter unless i can get an extension granted for her because according to them she has used all 45 months and her eligibility has expired now. I submitted a request but have not heard back anything yet.