Chapter 35 (DEA) and CHAMPVA regulations

[Berta]

I noticed my earlier post on this did not go through....

And was not sure where to put it. This subject has come up from time to time in over 20 years here.There is much discussion on these programs available under a hadit search.

 

 

Chapter 35 (DEA) and CHAMPVA
These benefits, available for some spouse and dependents, or certain  survivors of veterans , are often misunderstood and they both have their own unique criteria.
I didn’t know where to post this as questions on these benefits pops up once in a while in the forums.
Please note that a 100% P & T award under Section 1151,38 USC does NOT warrant DEA or CHAMPVA.
Only direct SC awards of 100% P & T potentially provide these benefits for your dependents.

Chapter 35 (DEA ) regulations are explained here :

“Eligibility
You must be the son, daughter, or spouse of:
•    A Veteran who died or is permanently and totally disabled as the result of a service-connected disability. The disability must arise out of active service in the armed forces.
•    A Veteran who died from any cause while such permanent and total service-connected disability was in existence.
•    A Servicemember missing in action or captured in line of duty by a hostile force.
•    A Servicemember forcibly detained or interned in line of duty by a foreign government or power.
•    A Servicemember who is hospitalized or receiving outpatient treatment for a service connected permanent and total disability and is likely to be discharged for that disability. This change is effective Dec. 23, 2006.
Other Factors to Consider
If you are a son or daughter and wish to receive benefits for attending school or job training, you must be between the ages of 18 and 26. In certain instances, it is possible to begin before age 18 and to continue after age 26. Marriage is not a bar to this benefit. If you are in the armed forces, you may not receive this benefit while on active duty. To pursue training after military service, your discharge must not be under dishonorable conditions. VA can extend your period of eligibility by the number of months and days equal to the time spent on active duty. This extension cannot generally go beyond your 31st birthday, there are some exceptions.
Please note that a child over 18 years old using DEA will not be eligible to receive Dependency Indemnity Compensation (DIC) payments from VA. Receiving DEA payments bars a child from receiving DIC payments.
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. A spouse using DEA (of the Fry Scholarship) remains eligible to receive DIC payments from VA.
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
Also much discussion here  at hadit available under a search

CHAMPVA-this is their basic eligibility criteria:
“CHAMPVA eligibility
To be eligible for CHAMPVA, you cannot be eligible for TRICARE, and you must be in one of these categories:
1.    The spouse or child of a Veteran who has been rated permanently and totally disabled for a service-connected disability by a VA regional office.
2.    The surviving spouse or child of a Veteran who died from a VA-rated service-connected disability.
3.    The surviving spouse or child of a Veteran who was at the time death rated permanently and totally disabled from a service-connected disability.
4.    The surviving spouse or child of a military member who died in the line of duty, not due to misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA).
An eligible CHAMPVA sponsor may be entitled to receive medical care through the VA health care system based on their own Veteran status. If the eligible CHAMPVA sponsor is the spouse of another eligible CHAMPVA sponsor, both may now be eligible for CHAMPVA benefits. In each instance where the eligible spouse requires medical attention, they may choose the VA health care system or coverage under CHAMPVA for their health care needs.
NOTE: The eligibility of a child is not affected by the divorce or remarriage of the spouse except in the case of a stepchild. When a stepchild leaves the sponsor's household, the child is no longer eligible for CHAMPVA.”

http://www.va.gov/PURCHASEDCARE/programs/dependents/champva/champva_eligibility.asp

 

 

 

[gousto0731]

thanks berta

[jfrei]

so who do I give the college transripts and federal loans amount too. Although she graduated now her last semester would have been covered had I been awarded Permanent and total right away. But its all good whole family has medical and ID cards now just getting all the retro owed to me now. Her last system only was a few thousands Ive printed out the outstanding loans and the exact time she was attending when she was given the loans just this past November. Who is it that I speak to now that my attorney is done with me he said? Thanks FOR answers

[seminoles]

41 minutes ago, jfrei said:

so who do I give the college transripts and federal loans amount too. Although she graduated now her last semester would have been covered had I been awarded Permanent and total right away. But its all good whole family has medical and ID cards now just getting all the retro owed to me now. Her last system only was a few thousands Ive printed out the outstanding loans and the exact time she was attending when she was given the loans just this past November. Who is it that I speak to now that my attorney is done with me he said? Thanks FOR answers

She will receive chapter 35 money for the period you were awarded back to 100% pt that she was a full time student, which is around 1000 per month for each month she was a full time student, it will not pay off her student loans per se, but she can use the money to use to do that if it is enough.  For example if you were awarded  a date of September 1, 2016 and she was a full time student for  September, Oct., Nov., and part of Dec. she would receive Chapter 35 benefits for all of that time which would be around 3500 depending how many days in December she attended school.  Chapter 35 does not pay for tuition, books, fees etc. only the stipend.  You don't need to have the loans to prove she was in school.  You need the VA certifying official at her college to certify her attendance through the VA that she was attending school using Chapter 35.  They will know how to do that.  She will receive the money, if you were receiving any money for her on your award during that time as a dependent or you did in retro, it will be taken back........which is not usually a big deal to us as parents.  :)    So if you were 100% and you were collecting $$ for her as a school age child that 200 some odd bucks will be taken back from you  for the months she receives chapter 35.  I hope that makes sense.  I had two kids that were in college when I was awarded PT, so I have been there ;)

[Berta]

Great explanation...!!!!!!!

All I can add is that the school must be VA approved and 99% of  them are. VA owed me about 6-8 thousand

that I had to pay AMU when my initial  Chapter 35 entitlement date ran out.

I dealt with the VA counselor regarding my courses and grades for 4 years, and she referred me to their financial aid officer when the DMII AO death award came.  I didn't have student loans but the college had proof of my out of pocket tuition payments.

As a survivor of a veteran (100% P & T) my situation was a little different than yours but with proof that I had paid my tuition during the period in which VA would not reimburse me, and then my student record which is still on line, at AMU, the VA sent me the money they owed me.

Seminoles is correct- Chap 35 does not pay the tuition directly to the school.The student must pay and then VA will reimburse the student with proof of course enrollment and payment.

I was the only civilian in AMU - a military school, at the time -so that meant I was the only Chap 35er but the VA counselor there was used to the GI Bill students so that was not too much of a problem.

 

 

Edited July 10, 2017 by Berta

[jfrei]

Just applied for today for the retro said it could take 30 days i was backdated 11/14 so she graduated with her masters 3/17... better then nothing I suppose thanks for the info this would have been lost money tomorrow we are finishing submitting the back medical to. Also I was wondering would they compensate for the months of outrageous premium payments at one point I was paying for a family of three not working 835 dollars. Finally when this went through they dropped it to 127 but for months I was paying almost 900 dollars Obamacares my ass when it's in a coffin 

Edited July 11, 2017 by jfrei