tdiu Va Taking Away Benefits! Chapter35!

[Buck52]

I was awarded TDIU P&T back in 2003 with Chapter 35 for my spouse, she started using the VAMC for her Healthcare, she had triple by pass Heart surgery from the VA back in 2005 & it saved her life and she has been using the VA ever since.

She had Back surgery was being treated there (VAMC) for years and now the ChampVA says the VA has closed all specialty clinics to her wtf?

She can only use her PCP for general health & even tho Her PCP puts in request to these other clinics but today the clinic called and said she no longer can receive these benefits.

So I guess Chapter 35 no longer exsit? or the benefits don't exsit?

We Appreciate all the medical Help the VA has provided her in the last 12/13 years and now to be turned away eh!

Just makes me feel like I been degrading as a Veteran and my country has turn its Back on us.

so now were up a creek! eh!

Any other Veterans having this problem?

[Chuck75]

Don't blame the VA, (Can't believe I said that!) Blame Congress!

The VAMCs that participate in the program have declined over time.

No new patients, now cutting off patients.

The Military medical system did the same sort of thing to retired military.

[Philip Rogers]

The general rule, for your spouse to receive Chap 35 benefits, is that she has 10yrs to use it. So, she had until 2013 to use her Chap 35 benefits. I believe that once you "die" they give her another 10yrs of Chap 35 benefits, as part of her spouse/DIC benefits. If there was a period during that first 10yrs where she was physically unable to attend classes, they may extend the deadline, if requested. It's not the VA's fault she didn't use the benefit.

As to the VA treating her, it's up to each VAMC, whether they want to allow her to be treated there. She should still be able to use her ChampVA, for treatment, outside the VA.

pr

[Berta]

Right..I sure do. My medical treatment at the local VAMC was minimal years ago.

Many VAMCs cannot handle civilian Champva spouses anymore.

But I wonder, does this have anything to do with her Medicare?

CHAMPVA spouses must enroll into Medicare Parts A & B for their CHAMPVA to continue after they reach 65.

I dont think that is the case here, with your wife, but good to remind any potential CHAMPVA spouses,of the Medicare Part A & B criteria.

PR is correct:

. "If you are a spouse, benefits end 10 years from the date VA finds you eligible or from the date of death of the Veteran. If VA rated the Veteran permanently and totally disabled with an effective date of three years from discharge, a spouse will remain eligible for 20 years from the effective date of the rating. This change is effective Oct. 10, 2008, and no benefits may be paid for any training taken prior to that date.

For surviving spouses of Servicemembers who died on active duty, benefits end 20 years from the date of death."

http://www.benefits.va.gov/GIBILL/DEA.asp

However this can change in this way. I received CHAP 35 for a few years and then my ten year eligiility based on my deceased huisband's 100% P & T ran out.

I then needed to pay about 6 thousand myself to finish my degree.

But I also had a claim in progress for Direct SC death ( I received no CHAP 35, due to the 1151 DIC death.)

I succeeded in the direct SC death claim and the VA had to pay me back the 6 thousand I had paid as tuition myself because the new award extended my eligibility.

I dont think most vet reps know how Chap 35 really works.They probably dont understand CHAMPVA either.

[Buck52]

'' Did the same sort of thing to Retired Military'' ? wow sounds like plain old discrimination to me!

Philip what do you mean by ''It's not the VA fault she didn't use the benefits?''

She used the benefits for as long as she could &was being treated by VA!

Her health is going down hill since her surgery's that the VA Performed and when she needs the benefits the most she is outcast cut off so long baby good luck and this VAMC is supposed to be one of the best in the country.

I guess I had forgot about the 10 year status.

she can't receive Medicare because she is just turn 60 back in Sept.

Yeah I guess we will start using outside medical now. that's the way the Mop Flops.

Thanks Everyone!

Edited January 8, 2015 by Buck52

[Buck52]

Thanks Ms Berta

I understand it better now, we will just get a secondary insure carrier and hopefully just go from there.

Thanks Everyone!

[rootbeer22]

Folks:

Unfortunately, when you look at the amount of money that the government is spending on VA disability benefits right now, it does not surprise me that they will eventually look more towards a way to get more recoupmments? It stands to reason that veterans need to stay up on the latest moves by VBA in this area. From what I see in the media, there are errors that do happend on both sides of the disability rating equation which may require more reviews? The VBA publishes one set of stats on their monthly monday workload reports. However, I think there's another story and that the significant rise in the number of appeals, NODs, CUE's etc that are exploding? I had my own issues when I went thru a few C&P exams and got a first hand look at how mistakes happens. The C%P exam was performed by a APRN and not a doctor? On several of the ROM measurements, she took me way past the point of pain which I knew was wrong and said something about it? I said, I've had many exams before and that has never happned before like this? So she said, don't worry, if there's a problem the VBA raters will fix it because they will look at you "entire" file so it's OK? Hopefully, that's true because otherwise an inaccurate exam can really affect the outcome of the ratings that I will receive in the future? As I have come to leanr with this process that it's the "Luck of Draw" and whom gets your case to work....