VA PR re: Chap 35 change

[Berta]

https://content.govdelivery.com/accounts/USVA/bulletins/1fc5b31

Changes coming to Survivors’ and Dependents’ Educational Assistance program

Effective August 1, 2018, the entitlement available under the Survivors’ and Dependents’ Educational Assistance (DEA) program will be reduced from 45 months to 36 months, but in October, the monthly allowance for eligible recipients will increase.

[jfrei]

it’s basically the same amount 44k instead of 46 in less time. Why?

[Berta]

Jfrie- I tried to find more info on this via VA main site or VA Education Department and othig so far to explai n any of it-

VA Edu is often an oxymoron.At least it was for my daughter-they forgot to add her Military time ( 7 years)( USAF Intel) to her Chap 35 entitlement and gave her one month of DEA-she had sent them copy of her DD 215 and filled out the form correctly- and called me up cursing so much I thought she had re upped and joined the Marine Corps.

She said' Mom I guess the  $#%&^*  VA camnot even read'. I said "Welcome to my world'.

Mommy filed a scathing CUE ,she signed and mailed it, and 3 weeks later her 7 year DEA entitlement certificate came.

[jfrei]

Lol I guess it’s not that much less money and you get it quicker but I guess it makes sense if it’s paid when only in school and summers are off in college

[deltaj]

Berta, Length of eligibility for chapter 35 for students enrolled in an educational program prior to August 1, 2018 was 45 months.  What I'm trying to understand from your post is does the length of military service change the length of eligibility or the amount of time the dependent has to use their benefits?  Normally if a dependent was enrolled in an educational program prior to August 1, 2018 that  dependent had 45 months to use benefits before age 26.  Did your daughter have to use her 45 months prior to age 33 or did she have seven years of benefit entitlement as a result of seven years of military service?  Need to know this because our son was in the Navy as a nuclear technician and now works in the computer field in Dallas, Texas.

Edited September 11, 2018 by deltaj
correction of verb tense & need for clarity

[Berta]

Delta, she had 7 years of DEA entitlement due to 7 years Military service:

“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. 

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

You said:

" Need to know this because our son was in the Navy as a nuclear technician and now works in the computer field in Dallas, Texas."

I hope he was able to do what my daughter did.She tied in with the Educational department of the military- and received many college credits due to her MOS.That has to be done while one is still in the military.

This brings up another point I made here long ago- it bears repeating-

The entitlement date can be changed favorably due to successive other award letters.I dont know of any other case like mine but this is what I mean.

My DEA and my daughter's DEA was based on a posthumous 100% P & T award for my husband.

My DIC was under 1151 wrongful death ( no ancillary benefits there)

11 years after the initial DEA award, I successfully proved my husband had a AO condition that contributed to his death.

My DIC was changed to direct SC death and among many other benefits  I got, they gave me a new Chapter 35 entitlement date. Since my original entitlement date had run out, I had paid for the rest of my degree myself and

VA paid me back retroactively for the payments I had made myself due to the new entitlement date.It was either 6 or 8 thousand. I am going over my Nehmer decision-47 pages,  I had to file 5 CUEs already on it and another decision that followed it  and I wonder if they made any new Chapter 35 statement, but it probably would not impact on any new entitlement date now.

Still , it is always possible that any DEA dependent , due to their spouse's 100% P & T-if they become a survivor of the veteran at some point, can get a better EED under Chapter 35 if they can prove direct  SC death.

It might be the  case for any widow or widower who won a Nehmer death claim under the 2010 regulations,that could have or should have changed their original DEA enetitlement date....

My AO DMII death claim and also my AO IHD death claim were two conditions my husband had that were never diagnosed or treated by the VA.You can imagine that was a lot of hard work on my part and for the DMII claim I got 3 IMOs, after I was 100% sure I had prepared a very valid lay medical assessment.

 I  already had all the evidence I needed for the AO IHD claim."Nehmer Footnote One -" should have been coded" claim.

Nothing is impossible .

Secretary Wilkie might be making a decision at some future point on some new potential AO presumptives, that Sec Shulkin was considering until he got fired.

That could potentially involve survivors who would then possibly  fall under a new Nehmer decision and who could potentially receive many ancillary benefits (such as DEA) that they might have never received before.