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Chapter 35 And Dependent Reimbursement?


foreveryoung
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Hello ALL

I just got a call from a VA Rep. in Phila. about my daughter's chapter 35 claim.

I was awarded 100 P&T on, 7 Nov. 2014, but retroactively till 1 Oct. 2011. My daughter has been in college for the past 3 1/2 years and I was receiving VA dependent payments on my pension for her since she turned 18, and she is now 21.

We just applied for her college, Chapter 35 retroactive for 1 Oct. 11. Now the VA has said I need to pay her dependent monthly payment back 3 1/2 years due to double payment.

I NOW understand all this, but never knew when or if I would be awarded 100%.

So the VA Rep. asked if I want the dependent payment to come off my monthly pension effective now, which I did, or ask for it to maybe be waived. If it stops now, I guess this month, I could still file an appeal for the monthly over payment to be forgiven.

Has anyone ever come across this?

Thanks, and Happy Holidays

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  • HadIt.com Elder

I would request that it be waived. However, it is possible they may ask her to pay the recoverable amount. Also, you don't receive a pension(NSC), you receive "compensation(SC)." Pension is based on non-service connected disabilities and the amount is based on other income received from other sources. You confuse people(me and maybe others) when you mix them up. Chapter 35 is only awarded to dependents of 100% or TDIU or deceased veterans who died due to SC conditions. Just trying to clarify things, not offend you.

pr

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I understand, I was in a hurry to get It posted before I would forget most of it. VA told me if I requested a waiver now it would hold up the funds being removed from my Comp. They (VA) told me I can stop the funds being added to my Comp. and file an appeal later. This way the amount will not get any larger than it has.

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To clarify, 100% does not qualify your child for Chapter 35 benefits, 100% P&T Does qualify your child for Chapter 35 benefits.

Is that correct?

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  • HadIt.com Elder

To clarify, 100% does not qualify your child for Chapter 35 benefits, 100% P&T Does qualify your child for Chapter 35 benefits.

Is that correct?

P&T does qualify for Chapter 35. I failed to clarify that in my post, above.

Thanks Iraqx2!

pr

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  • In Memoriam

My daughter applied for her chapter 35 benefits 1 week before her 26th birthday and was awarded 48 months of school.

I really got on her about it, although I do not recomend that anyone procrastinate it this long.

Michelle, became a state liscensed beautician and then went on to become a state licnesed CNA through her chap 35 benefits.

If you are going on her age you had better start talking to some veteran friendly people on Chap 35. Sounds like they may owe you. Michelle, still has several months of her benefit left if she want to use it.

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