Dependents Question?

[Philip Rogers]

I need to confirm that if two 100% rated vets are married to each other, that each gets their spouse's Chap 35, ChampVA, and dependents allowance??? I fairly sure they do.

pr

[jbasser]

They should. Great Question PR.

J

[free_spirit_etc]

So far, what I am finding is it looks like dependents allowance - yes -- ChampVa - yes

Educational benefits -- maybe not if they have already drawn educational benefits on their own record.

It would SEEM like as these are benefits to which each is entitled that ALL benefits SHOULD be available. But....

[free_spirit_etc]

http://www.va.gov/hac/forbeneficiaries/champva/champva.asp

Eligibility

To be eligible for CHAMPVA, you cannot be eligible for TRICARE, and you must be in one of these categories:

1. The spouse or child of a Veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office.
2. The surviving spouse or child of a Veteran who died from a VA-rated service-connected disability.
3. The surviving spouse or child of a veteran who was at the time death rated permanently and totally disabled from a service-connected disability.
4. The surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA).

"An eligible CHAMPVA sponsor may be entitled to receive medical care through the VA health care system based on his or her own Veteran status. If the eligible CHAMPVA sponsor is the spouse of another eligible CHAMPVA sponsor, both may now be eligible for CHAMPVA benefits. In each instance where the eligible spouse requires medical attention, he or she may choose the VA health care system or coverage under CHAMPVA for his/her health care needs. "

[free_spirit_etc]

Now this is interesting:

https://gibill.custhelp.com/app/answers/detail/a_id/523/related/1

Yes, you may be eligible for more than one VA education benefit program. However, you may only receive payments from one program at a time. You can receive a maximum of 48 months of benefits under any combination of VA education programs you qualify for.

For Example: If you qualify for both MGIB-AD (Chapter 30) and MGIB-SR (Chapter 1606), you can receive 36 months of entitlement at your MGIB-AD payment rate, and then an additional 12 months of entitlement at your MGIB-SR payment rate, up to the maximum total of 48 months entitlement.

If you are eligible for more than one benefit program you must notify us which program you intend to use before enrolling in training.

Effective October 1, 2013, there is an exception to this rule for recipients of Survivors' & Dependents' Educational Assistance (DEA). Click here for more information.

https://gibill.custhelp.com/app/answers/detail/a_id/1479

Normally you can get up to 45 months of full time benefits as a beneficiary of the DEA program. If you are training at less than the full time rate of pursuit, the number of months would be adjusted accordingly.

For example: If you were enrolled as a 1/2 time student you could be entitled to up to 90 months of 1/2 time benefits, and so on. But in this case, your monthly payment would be a smaller amount.

Effective October 1, 2013 you may be entitled to a total of 81 months of full-time benefits if you are eligible for the DEA program and another GI Bill program such as the Montgomery GI Bill, the Post-9/11 GI Bill or others (this does not include those enrolled in the Vocational Rehabilitation Program). People who have already used 48 months of combined benefits between the DEA program and a GI Bill program prior to October 1, 2013 are not eligible for this extended benefit.

This rule does not apply to any combination of GI Bill programs that do not include the DEA program.

Edited October 26, 2013 by free_spirit_etc

[free_spirit_etc]

So it looks like as long as you have not used 48 months of COMBINED benefits between the DEA program and a GI Bill program prior to Oct. 1, 2013 -- you can get additional benefits through DEA - up to 81 months COMBINED.

[free_spirit_etc]

I am not finding a specific reg that covers the dependent allowance. I am sure one exists. This is the government. But I am finding quite a few posts by married couples who are getting disability in their own right and also a dependent of their spouse.