Va Denied Post 911 Gi Bill Change Of Program

[MrLogan13]

I have been using my Ch. 33 benefits for the last two academic years to finish up my undergraduate education. I just graduated with my BS back in May and submitted a Change of Program or Place of Training since I will be starting graduate school in mid-August. It's July now and I never received any letters from the VA, so I checked the eBenefits portal and see that I was disallowed from enrollment. Of course, I called to see what was going on and was told that a letter was supposedly sent out in June (never got it): I was denied benefits because I didn't have enough time in service and that supposedly I was never entitled to benefits, and my initial award was a mistake (the lady told me not to worry, they're not going to make me pay it back). I was told that they "re-verified my eligibility" by contacting DoD, and DoD told them I wasn't eligible.

Obviously, I strongly disagree with this. I have just over a year of service and was medically retired due to disability from disease and injury incurred LOD. I received 30% from the Army. Granted, my one year was all IET, but I am still eligible based on the fact I was medically separated with more than 30 days of service, no?

I submitted additional evidence to the VA via both fax and certified RR mail, including my DD 214 Member 4, where the narrative summary for separation states disability, my PEB results, and my retirement orders. I am hoping the additional documentation will persuade them to change their decision. Any advice on anything additional I should do? Anyone else have any similar experiences? I'm really hoping that this can be resolved by the time I start my graduate program, because it would be a huge financial hit for me if I have to appeal and go through a lengthy process. Prior to this, I still had 12 months of Ch 33 benefits remaining. I wish I had known this back when they supposedly sent the letter, I would have acted immediately.

Edited July 11, 2013 by MrLogan13

[Berta]

http://www.gibill.va.gov/benefits/post_911_gibill/

Here is the most recent changes to the Post 11 GI Bill:

http://www.gibill.va.gov/benefits/post_911_gibill/post911_changes.html

I dont get this part at all;;;;

“Limits active duty members to the net cost for tuition and fees prorated based on the eligibility tiers (40%-100%) previously established for Veterans. “ Do they mean 40 % SC?????

“ Of course, I called to see what was going on and was told that a letter was supposedly sent out in June (never got it): I was denied benefits because I didn't have enough time in service and that supposedly I was never entitled to benefits, and my initial award was a mistake (the lady told me not to worry, they're not going to make me pay it back). I was told that they "re-verified my eligibility" by contacting DoD, and DoD told them I wasn't eligible. “

I sure hope that letter comes fast. It appears VA called a CUE on itself, their way of correcting their error, to your detriment.????

I would certainly think you are eligible for Chapter 31, VA Voc Rehab too , (same tuition set up, along with a stipend in lieu of housing) and I found this statement in that above link:

“Allows those who are eligible for both Vocational Rehabilitation and Employment (chapter 31) benefits and Post-9/11 GI Bill (chapter 33) benefits to choose the Post-9/11 GI Bill’s monthly housing allowance instead of the chapter 31 subsistence allowance. “

Did the VA offer you initially a choice as to which program? Of course that doesn't matter now......

This link:

http://www.gibill.va.gov/ch33_eligibility_estimator/estimator.html

States to the bottom left:

“Generally, you have 15 years from your last release from active duty (of at least 90 days) to use chapter 33 benefits.

If you are currently on active duty, the last date you can use the benefit will generally be 15 years from the date you are released from active duty. “

“I have just over a year of service and was medically retired due to disability from disease and injury incurred LOD. I received 30% from the Army. Granted, my one year was all IET, but I am still eligible based on the fact I was medically separated with more than 30 days of service, no?”

As far as I can tell Yes....

“Granted, my one year was all IET,”

I assume you mean “ Initial Entry Training.

I don't get this.

We can help more here if we know the actual wording of the VA's reason for denial.

VA does make mistakes and if we don't react fast to this stuff, it can victimize us forever.

Do you have a vet rep? A Representative from any major vet org or a county or state rep?

The VA ,under Chap 35, their educational program for many of us survivors of veterans, tried to snooker my daughter, a vet herself ( 7 years USAF Intel) out of 7 years of Chapter 35.

She called me cussing up a storm and of course her Mommy got that fixed in mere weeks .

She did make the point that although the letter she got from VA EDU was completely incorrect ( VA EDU is sometimes an oxymoron)

she said it seemed so official that she wondered if they, in fact, had been right. They were completely erroneous in their decision.

This has happened to me and others here as claimants too whereby VA makes errors to our detriment.

If you do fit into the eligibility criteria, (and I cannot really determine that yet and we don't know what mumbo jumbo is in that VA letter) I recommend you for the actions you took already with the Fax and

snailmail evidence you sent to them.

I always advise putting Attention To on the envelope and letter under Depart of VA etc, and using the initials in the numeric and alphabetic code to the right of their letter up by the date on the right hand side.

This code contains the initials of the last person who had your claim and probably made that decision.

It is always possible you could be eligible for a Pell Grant or other forms of financial aid.

Someone here years ago, I was Chapter 35 student then, said Pell Grants do not negatively impact on any VA Edu benefits... I dont know for sure on that..... maybe someone else will chime in on that potential.

[MrLogan13]

When I initially applied for Ch 33 benefits several years ago, I was specifically told that I qualified due to my medical retirement. This sudden turn has gotten me bewildered and completely stressed out; as a graduate student, I no longer qualify for Pell grants, only loans. I can take out the loans now to pay for tuition, but that leaves me short on rent every month without the BAH. I am trying to pull together as much money as I can right now before the semester starts, and I am losing sleep over this.

I didn't know about the ATTN using the initials. I already mailed out my evidence as ATTN: Education. I hope it finds its way to the right person and works itself out. I really am perplexed as to what the DoD could have told them.

I only recently (one month ago) went to the DAV to ask for help with a disability compensation appeal that has been lingering at the VA since 2009; it's been stuck as "appeal pending" on eBenefits for the last several years, and every time I call them they just say they have my evidence, it's pending. Perhaps I could ask for assistance from the DAV as well? I really hope this doesn't take anywhere near that long to sort out as I really need my GI Bill benefits immediately.

[Berta]

Yes, the DAV Service Officer department reps ( we call them NSOs or vet reps), are well trained to help you, not only with the claim pending but with this VA Chapter 33 stuff.

"I didn't know about the ATTN using the initials. I already mailed out my evidence as ATTN: Education"/ Do you mean you sent it directly to the VARO that prepared the letter you didnt get yet?

I am sure the DAV can help.

What is the pending claim on appeal for?

[MrLogan13]

Yes, the DAV Service Officer department reps ( we call them NSOs or vet reps), are well trained to help you, not only with the claim pending but with this VA Chapter 33 stuff.

"I didn't know about the ATTN using the initials. I already mailed out my evidence as ATTN: Education"/ Do you mean you sent it directly to the VARO that prepared the letter you didnt get yet?

I am sure the DAV can help.

What is the pending claim on appeal for?

The pending claim for appeal is for: asmtha, bilateral pes planus, allergic rhinoconjunctivitis, and knee pain. My asthma, bilateral pes planus, and allergic rhinoconjuctivitis are all on my PEB and noted to be caused LOD, but the Army only rated me for the asthma at 30% (contracted a horrible case of pneumonia in training that scarred my lungs). The knee pain is documented for treatment during service and is probably caused by the bilateral pes planus. They initially denied my claim because they said I wasn't continuing treatment after I was retired, but I was. I sent my NOD and provided my civilian medical records. Been pending since 2009.

I can be patient with my disability claim, but I really need my GI Bill issues to be straightened out quick; if it doesn't, it's going to produce a severe financial hardship as I try to finish my master's degree.

Edited July 15, 2013 by MrLogan13

[MrLogan13]

Even though I've already submitted additional evidence, I'd like to ask: how helpful is the DAV in everyone's experience? I saw them two months ago to help out on my disability appeal, and the rep didn't seem all that interested in my case; in fact, other than the paperwork that they have been appointed to represent me, I haven't heard anything from them either.

[MrLogan13]

Well, good news. They finished reviewing my additional evidence and have reinstated my Ch. 33 benefits at 100%. :)