Chapter 35 Dea Question

[Berta]

Need opinions.....

I used my DEA Chapter 35 benefits to attain my degree at AMU.

First I used the entitlement that VA based on my husband's 100% P & T status at death.

That EED ran out during my degree program but I subsequently succeeded on DMII from AO contributing to death and VA allowed me to choose a new entitlement date (within their DEA parameters) .(and they paid retro of about 6 thousand I had to pay when my DEA ran out.)

I have a year left on the new 2009 Certificate of Eligibility based on my 2009 BVA AO DMII death award.

I might return to college in a few months and this is my question.

My 2012 Nehmer Award letter ( death due to AO IHD) confirms that I already get DIC. If I didn't get it for the DMII AO claim, Nehmer would have awarded it in 2012.They also made a statement as to Chapter 35 and enclosed the 22-5490.

Does anyone think it is worth my while to ask for a new Entitlement date for DEA based on my January 2012 Nehmer decision?

Each of my 3 DIC awards trumped the past DIC awards.So I am thinking I should request a new Chapter 35 Certificate,with an entitlement date that the Nehmer award reflects

Does that make sense?

[Philip Rogers]

I think you should. jmo

pr

[Berta]

Flip, I was hoping you would reply.!

I read an old VBN post I had made to a Nehmer question there and it seemed to indicate Nehmer awards for DEA could be awarded on 2 bases but I just emailed Rick Spataro at NVLSP because Nehmer did change everything.

But I am glad you feel I should request the new Entitlement cert.

This might affect my daughter as well....she paid out of pocket for most of her bachelors but wants to get her Masters at AMU and I think she still has, as well as me, only one year left of DEA entitlement.But VA might owe her more.

Then again her DEA age cut off was at 33 years old (due to 7 years in Mil) and she is now 34....so maybe he can advise and I can post what he said ere.

Someone at VBN had said the Nehmer training letter has NO age restriction on DEA under the 2010 Nehmer regs.

I have not had time to check that out. Will see what Rick says.

[Philip Rogers]

Absolutely, Berta, you should go for it. I'm helping my ex pursue a claim for Chap 35, while we were married, based on a CUE. I won a CUE for Chap 35 dating back to 1989. We were married from 1985 - 2000 and she went to school from 1991-1994. We're requesting, for her, either re-imbursement for tuition/fees paid or 48 months of school now, as she should have been eligible back in 1991-1994, but for the CUE.

The VA has now mixed up the claim with my daughters claim and who knows what's going on.

You go for it!!

BTW, do you know if a spouse can go to school on one spouse's benefit, and then later go again on another spouse's benefit?? Or are they limited to just one shot?? Also if I remarried now, my new spouse should be eligible - correct??

Flip

Edited September 21, 2013 by Philip Rogers

[Berta]

“do you know if a spouse can go to school on one spouse's benefit, and then later go again on another spouse's benefit “

"Also if I remarried now, my new spouse should be eligible - correct??"

Good questions PR and the DEA Pamphlet (in the pdf , in the DEA link below says this regarding spouses , on page 9:

“If You Remarry (meaning the non vet spouse)

The following explains the effects of remarriage on

your DEA benefits.

Note:

Remarriage will not extend your eligibility

period.

Before Age 57

If you remarry before age 57, your eligibility ends on

the date of remarriage.

Can benefits be reinstated?

If you remarried

after November 30, 1999, and your remarriage

ends, we can reinstate your eligibility to DEA.

The remarriage must be ended by death, divorce,

or because you stopped living with your spouse

and stopped holding yourself out to the public as

the person’s spouse.

In most cases, we can reinstate your eligibility if

you remarried before November 30, 1999; but, you

must be within your eligibility period.

After Age 57

If you remarry on or after January 1, 2004, and you’re

57 or older, you can still be eligible for DEA benefits. (see my note below)*****

.

If you remarried after age 57 and before

December 16, 2003, you must have applied in

writing before December 16, 2004, for eligibility

to

be reinstated.”

This reg above they are mentioning , as to remarriage after age 57, was initially to continue DIC, as I recall, to those surviving spouses eligible for DIC but who were prohibited prior to 2003, to retain their DIC due to remarriage.

This new pamphlet is vastly different then my older one.

The VA at that time (the Dec 2003 date grew out of the Bonny V Principi decision) rationalized that most widows,widowers of veterans, if they remarry, would most likely marry another veteran, and most likely a disabled veteran, anyhow. I think the VA found that was supported by statistics and was a very favorable regulation ,not only to spouses of veterans but to their new vet spouse husbands/wives.

But the remarriage reguilations covered former spouses of living disabled vets as well.

******My note on above statement – as the pamphlet states, 'spouse ' here means remarried (thus divorced) spouse.

When they refer to survivors DEA benefits, the pamphlet specifically states “surviving spouse.” As those benefits are a little different for surviving spouses.

VA has a lot of good info, and the pamphlet download here has been upgraded because DEA has changed in some respects.:

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

Maybe Jerrel Cook could see if SVR could get someone from VA DEA on a SVR show.

I will ask him.

These are very important questions. I am wondering as well if the DEA continues to cover children, if the spouse remarries.

[Berta]

Update to my DEA question. Rick Spataro my favorite lawyer (from NVLSP) well they ALL are my favorite lawyers ha ha)

He said that my DEA was established by the 2009 DEA award and could not be re- established with the IHD award of 2012.

That's OK and I am glad I did check because I still have a full year of DEA left.

Still it pays to reiterate to survivors out there.....if your Chap 35 award was due to a finding of 100% P & T and entielement began with the date of death of the veteran ,and then you can subsequently prove direct SC death, that could establish a far better limiting entitlement date than the one dependent on the veteran's date of death,. under the 100% P & T regulations.

DEA has changed since I graduated from AMU in Dec 2007 and I need to get up to speed on it and make sure we have the most updated info here.

Edited September 23, 2013 by Berta

[free_spirit_etc]

Thanks for reporting back on that.