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.

[crawsfire]

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.

The 20 year eligibility period would be applicable if the service member got rated 100% P&T within 3 years of discharge. My rating came within 3 years and 10 days and they denied the 20 because of that. My spouse is in her last quarter and they ended her benefits 2 months before the last quarter ends. I requested an extension but have not received a reply.

Edited May 29, 2011 by crawsfire

[crawsfire]

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.

OK, thanks, but just to be certain, are you talking about G.I. Bill benefits or Chapter 35 benefits? I ask because the phone number you reference is only for G.I. bill recipients.

[Philip Rogers]

You should be able to get an extension, due to the denial period you had to endure, in addition to their error regarding her eligibility date being before you were married. That date is grounds for a CUE, in itself. Go get 'em!!! 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.

[crawsfire]

You should be able to get an extension, due to the denial period you had to endure, in addition to their error regarding her eligibility date being before you were married. That date is grounds for a CUE, in itself. Go get 'em!!! jmo

pr

I'm not sure it was an error on their part. From what i understand there was a change in legislation because of the Cypert vs. Peake appel decision which was in 2008 which established that a spouses eligibility starts when she becomes eligible (marries the eligible person). They never told me when they changed their policy so I don't know if they denied her benefits erroneously or not.

As far as opening up a CUE claim goes, I am pretty sure I have a long way to go before i could do that . I would have to file an appeal, wait for it to get denied, file another, wait for a hearing, have the hearing get denied and get a final ruling and only then could I file a CUE claim. This would take a couple years. This is why I'm trying to determine if my spouse should still have some of her 45 months of eligibility left ( because they debited a month of entitlement for each month of schooling even if it was 1/2 time) and the criteria for getting an extension.

[Philip Rogers]

If it's been more than a yr since their decision and you/she didn't appeal, it is final and you could file a CUE. She can't be eligible for Chapter 35 until she becomes your spouse. Technically the claim for Chapter 35 is hers, not yours.

pr

[crawsfire]

If it's been more than a yr since their decision and you/she didn't appeal, it is final and you could file a CUE. She can't be eligible for Chapter 35 until she becomes your spouse. Technically the claim for Chapter 35 is hers, not yours.

pr

If it's been more than a yr since their decision and you/she didn't appeal, it is final and you could file a CUE.

Well I appealed every denial which is how I got her benefits. It doesn't seem wise to not appeal, wait a year and lose the ability to file an appeal just so you can file a CUE claim.

She can't be eligible for Chapter 35 until she becomes your spouse.

That is what I and many others have said for years but until the Cypert Peake case in 2008 set a precedent, the starting eligibility date of the Veteran was used by the VA for the spouse as well . It didn't matter to them that you weren't married at the time. They just recently started recognizing the precedent that this appel. decision set. It appears that you have to challege the past decison to get your benefits though.

Technically the claim for Chapter 35 is hers, not yours.

Yes. This is why my spouse gave the VA permission to talk to me about her claim and allow me to act on her behalf. When it came time for the hearing I requested to be set they said she didn't even have to attend, only me.