Help Regarding Back Dating and Chapter 35 dependent benefits?

[aztravis]

Hi everyone, found this place while googling trying to find some answers, and was hoping I could get some help with my question.

So I guess to kick things off, I am the child of a 100% disabled veteran (my father). He was classified as 100% disabled retroactive to 2012. Starting in 2013, I started my graduate degree program from 2013-2015, graduating in June of that year (though my last class was during Feb 2015). I myself am a complete newbie when it comes to even trying to navigate this complexity that is VA benefits, so I was hoping I could get some solid advice from those more knowledgable about it.

Now up to this point in my life in 2016, no one in my family had heard about these educational benefits or of Chapter 35 really; my father assumed there was nothing out there for my brother or I since to his understanding, most of these newer programs were aimed at the newer generation of disabled vets as he retired back before 9/11 and all that. My younger brother was actually the one who alerted me to this program as he did research into the topic since he was getting ready to start college and I assume he had help from his college's financial aid staff in discovering he was eligible for these benefits. As there seemed to be no given limit for these benefits on all the pamphlets and material I was reading online, I applied for a back date of Chapter 35 benefits to when I started my graduate program in 2013. I got my enrollment certification for all of the months submitted and was waiting expecting a decently sized back dated deposit since it was a period of 2 years I was eligible for benefits, which I could really use to eat at some of that student debt I have and for other savings.

Disappointingly, I received a very meager deposit that basically amounted to ~a quater of my last month. After contacting the VA benefits people (and having them re-send a letter they had sent to an incorrect address), per this letter, they are unable to pay for part of it because "By law, VA can't pay for training you took more than one year before we rceived your claim for your current program". My claim was filed back in Feb 2016 as again, I had no prior knowledge of this program or benefits as no one at my school ever bothered you know, trying to help or do anything really. The VA rep I spoke with on the phone when I contacted them was (unsurprisingly in retrospect recalling all of my father's struggles) unhelpful, and even went as far to "unofficially" discourage appealing as well since according to her, there was no point since it's the law.

So what I want to know is first of all, where exactly does it say there is a limit of one year for back dating for benefits? Again in all of their published material I've read like their pamphlets and such, I do not recall ever seeing a limit of one year for back dating, so I assume it must be buried somewhere amongst legalese. Even then it doesn't make sense to me, as my father received several years worth of back pay for his disability claims since he was constantly mis-classified as to the percent he was disabled, so it strikes me as callous they can deny children dependents based off an arbitrary year? In addition, the VA student rep at my former college also has no knowledge of a year limit to back dating for benefits, he thinks it would be based off the date the veteran in question became 100% disabled. It's frustrating in one respect as that means instead of being proactive and seeking education to better myself, I should not have bothered at all and I would be receiving full benefits if I only started now.

My next question I guess is, what steps should I take assuming this year limit is a hard fact? Do I have any basis to appeal this decision? Has anyone been successful in such an appeal? If there really is a limit of one year to backdating, it again seems pretty ridiculous to me. I really don't have any plans on going back to school as I have my Masters now and it's not like more degrees or something like a PHD would necessarily do anything for me in my current career, I am apparently still eligible for benefits since I have used far less than the 45 months and still have until 2020 before they expire, but again there's just really not much that more schooling would do for me, not to mention any debt I incur taking more graduate classes would far exceed a monthly benefit; the majority of my schooling is done, and the real benefit would be getting it successfully backdated to cover those expenses.

So if anyone at all has some advice on what steps to take, it would greatly be appreciated. Many thanks for any help provided.

Edited July 16, 2016 by aztravis

[seminoles]

38 minutes ago, Song said:

Hello Berta , can you help me take a looke my question: 

i am a 100% disability Veterant and effective date is 8/2015 , and my son who study in university of PA since 01/2015 he applied chap35 award and he got approve from VA on 2 /2016  and he return the VA letter that he want the  pay from effective 8/2015 and called VA if he still need some paper information and they said it is done and just to wait ... But we wait until now no any response and no money and tow more years son will graduate. So what we need to do or still wait until he graduate then VA will pay the whole money for the education?  Thanks

Something is wrong, has he had the college va representitive certify him every semeseter for his schooling.  I was awarded while my kids were in college, they applied for their retro and were paid their backpay almost immediately after filing for the period I was backpaid and they were in school full time and for every month there after.  Make sure your son goes to the va certifying official at the school and makes sure they have certified him for every semester he has been in school since you have been 100% pt.  The money will go to him, not to you.

 

Edited May 25, 2017 by seminoles

[Song]

thank you Seminoles , yes he had the college va representative certify him every semester for his schooling and my son also ask representative who also tell him just to wait  ...maybe after graduate can got the money ... I am not sure what we need to do because now he need the money to study .... And my son does not live with me ,we rent a room near his college  , is this way some thing wrong ?  Thanks 

Edited May 25, 2017 by Song