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Finally a decision/ but dependent question

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mtmorical

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Hi everyone!

Good news, we finally have our claim approved today! YAY!

It was a mess, but we have a great VSO that works closely with the VA raters and was able to get our claim expedited, amidst all the mess, it still worked out! VSO has even filed a secondary claim for his left knee due to his right knee and hopefully he'll be able to get the TKR that is needed on his left knee as well.

I have a couple questions:

Will the VA process my backpay and my monthly benefit while they are reviewing the dependents we add? Will I at least get the Veteran pay without dependents?

Should we wait for that pay prior to adding the dependents?

Can I add my mother in-law? She lives with us and has terminal cancer and we provide all care for her in our home.

We do have a financial hardship in place for the temp 100% and for the secondary claim as well, will this apply to adding dependents?

I have a son that is almost 20 but is attending the same college as I am, is there anything I need to supply aside from his schedule for him to be approved?

Rough idea of how long it takes to add dependents? I have my wife, 1 minor child we had together, 2 step children, and 1 child over 18 attending school.

 

Thanks everyone for the help the last few weeks!

 

 

Edited by mtmorical
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GREAT News: I will try a few questions...others will chime in

"Should we wait for that pay prior to adding the dependents?" They may well have added them already...hard to say.

"Can I add my mother in-law? She lives with us and has terminal cancer and we provide all care for her in our home."

If you mean she is a dependent of the veteran,in some cases,  that is possible but I don't have the regs...will try to find.

"We do have a financial hardship in place for the temp 100% and for the secondary claim as well, will this apply to adding dependents?" should.

"I have a son that is almost 20 but is attending the same college as I am, is there anything I need to supply aside from his schedule for him to be approved?"

Now I am really confused at what the award will be for........

100% P & T or TDIU P & T will grant the son Chapter 35 benefits. The EED of the award will determine if they owe him any refunds in past tuitions.

VA will send the Chapter 35 application with the award letter...if it is for 100% P & T or TDIU P & T.

He will need to provide VA Education Department with a copy of your award and anything in the decision as to his entitlement to Chapter 35.

I assume his school is fully VA approved.

Chap 35 DEA is not like Voc Rehab.

I had to pay my tuition first for each semester, then notify my veterans counselor at AMU and their Financial aid office would send her a copy of the paid tuition. that she would send to VA Edu in Buffalo NY.

The VA check ( which was close to the tuition amount but they figure that out a special way explained here in many Chapter 35 posts I have made)

would come maybe usually in a few weeks sometimes after paying the tuition. I think they had to have proof that I was actually attending the courses I was enrolled in first.

 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Dependent parents regs:

"A Veteran who is entitled to compensation, and whose disability is rated not less than 30 percent, shall be entitled to additional compensation for a spouse, child, and/or dependent parent."  38 U.S.C.A. § 1115 (West 2014); 38 C.F.R. § 3.4(b)(2) (2014). 

I suggest googling 38 CFR 3.4(b)(2) because the actual criteria is there.

I found this in a BVA decision in which case they denied the dependency claim  for a good reason.

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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