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]

Berta - the widow I helped, received a new Chap 35 award when he died, w/over 10 yrs P&T. She also received a Chap 35 award when he was awarded P&T status, over 10 yrs ago, but never used it.

I seem to recall that a new spouse becomes eligible when she becomes the new spouse. I think I saw that in a clarification by the VA lawyer OGC decision or whatever they're called.

So if I married a man or woman, w/3 minor children, they would all become eligible for Chap 35 benefits, plus ChampVA.

pr

Edited September 23, 2013 by Philip Rogers

[Berta]

I fully agree with you there. Maybe I can find that OGC Pres Op.

But the spouse would not become eligible for DIC,if you died, unless you had been married for at least one year.

I don't think,however, there is any qualification like that for DEA.

[Berta]

Flip, the only OGC Pre Op I found on DEA regarded this:

“CITATION: VAOPGCPREC 69-91
Vet. Aff. Op. Gen. Couns. Prec. 69-91

Attached: VAOPGCADV 28-90

Vet. Aff. Op. Gen. Couns. Adv. 28-90

TEXT:

SUBJECT: Retroactive payment of chapter 35 due to establishment of service
connection for non-Hodgkin's lymphoma “

However this is link to the most recent DEA Pamphlet....mine is I think from my 2009 award.

I dont see a single thing in it ,so far, that would limit a new spouse ,in your case, to be fully eligible

for DEA

http://www.gibill.va.gov/documents/pamphlets/ch35_pamphlet%282%29.pdf