Do We Update Enrollment Info For "additional Schoolchild Over Age 18?"

[Kimmy]

In the compensation claim my husband filed this summer, we included information from our daughter's college confirming her enrollment status at that time. Should we be updating this every semester by sending this confirmation in to confirm her enrollment throughout this period we are waiting?

When a postive decision is made on a claim, would this additional amount for "each additional schoolchild over age 18" be paid retro actively also?

If the answer to both questions are yes, do we upload this online every semester?

Thanks.

[Capt.]

Hello Kimmy

When you are dealing with a dependency issue, the VA must allow for the dependency of each one listed by the claimant that meets the age requirements and other VA requirements. However each Regional Office is different and will not be the same as to adjudication of that. Meaning you may or may not get your dependency claim on time.

From my own experience I have a dependent living with me for the last 4 years and the VA has known about this. I have filled out the dependence VA Form 21-686 over the years but the Regional Office has decided to award the claim but left off my dependence pay. They conviently do this all the time and always say we never received it. Sooooooooooo I had to resubmit all of the information again. It has been one year and still no pay ,,,,,waiting on them to pay. As long as your child is enrolled in school and within the age requirement for a college dependent and you are, then it just comes down to perserverance and digging in for what is right.

Yes just like me , you will get it eventually and you will get all retro back to the effective award date but it will take you making sure the Regional Office has it because even though you may be filing it ,,,,they have a great habit of loosing the information. I am sorry you probably don't want to hear that but you just have to fight for your dependents issues and make sure you keep it moving and pressure on it. Above all staying on top of it is very important and an attitude of >>>>>NEVER GIVE UP. God Bless, C.C.

Edited November 20, 2012 by Capt.Contaminate (see edit history)

[broncovet]

CC

I agree. I am still trying to get the VA to pay dependent compensation from a claim filed in 2006 for a "college age" son. The fact is the VA will "blow this off" if they can and you dont protest it.

I am having to go to the CAVC in no small part because the VA wont pay dependent compensation. It is lubricious and an insult to Veterans.

[jbasser]

Broncovet nailed this one:

If you put your dependent's on the original claim the Regional Office will blow it off and pay you as a single veteran.

Why do they do this when we list our dependent info on the 21-526?

The only thing I can think of is just because they can.

[Capt.]

Hello Jbasser and Bronco,

Yes they do what they want. I filed my claims and listed my dependents on the claim form and file the 21-526. We had to refile it again once they service connected me so now its been a year and NO RETRO , NO INCREASE IN DEPENDENT PAY. CRIMINAL, CRIMINAL, CRIMINAL. It all about the money. Stall it out and hope we die and divide the spoils among themselves in a thing called BONUSES......168 milion dollars last year. HAPPY THANKSGIVING> NEVER GIVE UP. God Bless, C.C.

[Stretch]

After I made 100%, I found out that my daughter was eligible for school compensation. Luckily I found out about 2 weeks before her 23 birthday. This 23 is the cut off date. I sent in request for school benefits for her. She was awarded 48 months of allowance.

I wasn't able to collect any retro on her before she had turned 18. Michelle is 25 years old now and still has 20 months of school still available. She has until 2015 to complete her school. So far she is a state licensed beautician.

The stall in my claims process screwed my son out of this benefit. My claims took 6 years.

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Forgot to say that the school she was attending did the updates for her to the VA. You know Grades Attendance, and etc.

Edited November 22, 2012 by Stretch (see edit history)

[broncovet]

CC

Did you appeal the VA not giving you dependent retro when you demonstrated you had already told VA about your dependents on your original application?

The reason I ask is because I know of no regulation which requires the Veteran to submit the exact same information TWICE..once with the 21-526 and AGAIN after the decision. Yes, I know the VA frequently uses this loophole. They cut off your dependents and then pay you as a single Vet, giving you a year to "update" your dependents.

However, even tho the VA pulls this crap, I am not sure it would "stand up" to a great lawyer. If the VA acknowledged receipt of dependent information on the 21-526, then the Vets duties would have been met. The VA will trap you tho. If your original 21-526 does NOT contain birthdays and SSN's of dependents, the VA will say your information was incomplete and they gave you a year to complete it, and YOU failed, thus no dependent retro. You have to make sure your 21-526 showed dependents name, birthdates (birth certificate) and ssn to even try this.

[Capt.]

Hello Bronco,,,,,Yes I filled this 21-526 when I filed my original claim......Whoops now VA has no record of it. So my lawyer resubmitted it in a 21-4138 so now we have to wait. I think they need about 20 years in prison to get their attention. I am going to have to wait along with everyone else and am not happy about it. Happy Thanksgiving. NEVER GIVE UP . God Bless, C.C.

Edited November 24, 2012 by Capt.Contaminate (see edit history)

[broncovet]

CC

Yes, Happy Thanksgiving.

This same thing happened to me, where my original application listing my dependents mysteriously "disappeared". I am hoping the VA wont get away with it, in my case, because:

1. I actually have the ORIGINAL 21-526. Not a copy. You see, when I asked for a copy of my C file, they sent me the parts of the original 21-526 instead. My old VSO, now retired, has written a letter that he saw this...and filed it originally. He said my "copy" was obviously the original, as the signatures were indented with the pen they were written with.

2. Like you, I have a lawyer.

3. In Dec. 2008, I filed a "special request due to RO mishandling of evidence". Guess what? That disappeared also. But, I wisely sent it in Certified Mail Return Receipt Requested, and have a proof of mailing.

One problem is that people rarely want to "attack" the VA's credibility, so they keep getting away with things like shredding evidence. I am not sure my lawyer is going to allege document shredding either...in part, because he may not need to in order to win my case. He has plenty of other things to win about my EED appeal.

I am very glad Mr. Cushman, along with his lawyer did not let the VA get away with falsifying his records in order to deny:

http://asknod.wordpr...man-v-shinseki/

I think, frankly, that I can show the VA mishandled my evidence. (I dont need to show they did that intentionally..just that it happened..their motives are irrelevant) Like Mr. Cushman, I think the VA will have to give me my benefits...kicking and screaming all the way, just like the VA did to Mr. Cushman, noting Mr. Cushman had to appeal all the way to the Federal Circuit to get his relief. If the records were altered, the question is why did the VA simply not admit their mistake and give the Vet his benefits rather than make him go through the BVA and through the CAVC all the way to the Federal courts.

To me, they did this because they thought the Veteran would "give up" and let the VA have their way with him. I am very glad Mr. Cushman apparently adopted your "Never give up" attitude, as this case has opened up Vets eyes...the VA can/will destroy or alter evidence in order to deny.

The crazy part is that we have to hand our evidence to our adversary (the VA) to take care of it. That is nuts. If you got into a lawsuit with your neighbor, would you deliver your evidence to him and ask him to present it to the court for you? Never. You would have your lawyer, who represents your interests, give it to the judge. You would not give your opponent an opportunity to alter or destroy your evidence before it ever got in front of a judge. The VA, however, gets away with this, by "pretending" to be on our side, claiming this is a non adversarial system. In other words your neighbor, that you got into a lawsuit with, will be fair and hand your evidence over to the judge, complete and unaltered. Horse Pucky. The VA will hornswaggle Vets whenever they get a chance, and they have many chances.

Edited November 24, 2012 by broncovet (see edit history)