Chapter 35 And Dependent Reimbursement?

[foreveryoung]

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

[iraqx2]

I am just 100% scheduler, so my kids don't qualify for Chapter 35. But for strange reason, they keep sending the pamphlet about chapter 35 all time. This is the mother of all benefits I am trying to get for my teenagers!

[john999]

Have you requested Chapter 35? When I was denied Chapter 35 I asked for it via an appeal immediately. It is going to take the VA a year to review your claim for Chapter 35. If there is no change in your condition or maybe you get SSD in the meantime you will have a good case for P&T. You are not really appealing being denied P&T. You are appealing the denial of a benefit that P&T status confers on you that being chapter 35 benefits which are extensive. ChampVA for your dependents and possible school for your kids and maybe your spouse.

John

[deltaj]

If you are regularly receiving chapter 35 brochures I would be suspicious that you may be permanent and total. Call the V.A. and find out when your next V.A. rating exam is schedule. If no future V.A. rating exams are scheduled for your service connected condition then you are permanent and total and your dependents are entitled to chapter 35 educational benefits and CHAMPVA.

[kate7772]

If a vet is awarded P&T after their child turns 26 but retro to before they were 26, will the VA pay back to before they were 26? If so, how much do they pay?

Thanks

Kate

[Berta]

The vet must be awarded 100 % P & T .

They will pay back chapter 35 retro if the college the dependent attended, back to the initial entitlement date, of the 100% P & T award was VA approved and they can also provide VA with proof of their tuition payments.

Chapter 35 payments vary.

They are determined by credit hours as I recall , and whether part time or full time status.

I also took some accelerated courses at AMU and that too changed the way they paid me.

The VA web site has more info on DEA, Chapter 35.