Retroactive Chapter 35 Benefits

[otey2171]

I was awarded p&t January 5th 2007 with an effective date of August 29, 2006. Can my wife get retroactive chapter 35 benefits back to August 29th?

[Philip Rogers]

To the best of my knowledge she'll have choice of the effective date or notification date, whichever she decides is more favorable to her, provided you were married prior to or on the effective date.

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Edited January 9, 2007 by Philip Rogers

[Berta]

Does she have proof all the payments she made to the college for college tuition?

Was this college a VA approved one?

She can get a print out from the Registrar's office or Billing as to the courses she took and the tuition she paid-and as long as it fits into the EED she will probably get reimbursement-

She might want to contact the VA counselor at the school she took these courses at-I know of no special forms but there might be a form she needs-and the VA counselor is who she would need to check in with anyhow if she continues her courses under Chap 35 there.

I am not sure about book fees- maybe someone else can answer- I got a book grant from USMC-and put this info on my Chap 35 application- so VA only paid my tuition-or an amount that seemed to be close to the tuition-

[Pete53]

In the past to get retro for Chapter 35 the VA wanted proof that she applied for it even though you did not have your award. My experience is that they probably will deny it and if you Appeal you will get it.

The good thing is the whole process is about 2 or 3 months and you get the money.

The people who handled Chapter 35 actually try to help Veterans get the Chapter 35 benefits.

[Berta]

Pete -you are right!-I remember 2 vets here whose dependents had this problem- dont know how they made out-

it doesn't make sense-for a dependent to apply for Chap 35 knowing they are not eligible yet-it is sort of like the VA expects us to have a crystal ball.

When I began my Chapter 35 on the application they asked for past college etc and then they sent me a letter asking me when and where I took these courses for a potential reimbursement.

But I was not eligible for Chap 35 when I took the other courses-

it seemed to me they were saying they would reimburse a dependent-

Chapter 35 is one of the most confusing programs the VA has-it is wonderful but the regs are very difficult to interpret.

One gets an entitlement date and an eligibility date-

my eligibility date came with an award 3 years after the entitlement date-

then again as a widow- I think the regs are different for me then for spouses and children of living veterans.

Gold Star Wives is attempting (I think I got this right) to have these dates for widows clarified and extended.

[Philip Rogers]

It's spelled out in 38 CFR 21.3046.

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§21.3046 Periods of eligibility; spouses and surviving spouses.

This section states how VA will compute the beginning date, the ending date and the length of a spouse's or surviving spouse's period of eligibility. The period of eligibility of a spouse computed under the provisions of paragraph (a) of this section will be recomputed under the provisions of paragraph (b) of this section if her or his status changes to that of surviving spouse.

(Authority: 38 U.S.C. 3512(b))

(a) Beginning date of eligibility period-spouses. (1) If the permanent total rating is effective before December 1, 1968, the beginning date of the 10-year period of eligibility is December 1, 1968.

(2) The beginning date of eligibility—

(i) Shall be determined as provided in paragraph (a)(2) of this section when—

(A) The permanent total rating is effective after November 30, 1968, or the notification to the veteran of the rating was after that date, and

(B) Eligibility does not arise under §21.3021(a)(3)(ii) of this part.

(ii) For spouses for whom VA made a final determination of eligibility before October 28, 1986, shall be—

(A) The effective date of the rating, or

(B) The date of notification, whichever is more advantageous to the spouse.

(iii) For spouses for whom VA made a final determination of eligibility after October 27, 1986, shall be—

(A) The effective date of the rating, or

(B) The date of notification, or

© Any date between the dates specified in paragraphs (a)(2)(iii) (A) and (B) of this section as chosen by the eligible spouse.

(iv) May not be changed once a spouse has chosen it as provided in paragraph (a)(2)(iii) of this section.

(3) If eligibility arises under §21.3021(a)(3)(ii) of this part, the beginning date of the 10-year eligibility period is—

(i) December 24, 1970, or

(ii) The date the member of the Armed Forces on whose service eligibility is based was so listed by the Secretary concerned, whichever last occurs.

(Authority: 38 U.S.C. 3501(a); Pub. L. 99–576)

(b) Beginning date of eligibility period-surviving spouses. (1) If VA determines before December 1, 1968, that the veteran died of a service-connected disability, the beginning date of the 10-year period is December 1, 1968.

(Authority: 38 U.S.C. 3512)

(2) If the veteran's death occurred before December 1, 1968, but VA does not determine that the veteran died of a service-connected disability until after November 30, 1968, the beginning date of the 10-year period is the date on which VA determines that the veteran died of a service-connected disability.

(3) If the veteran's death occurred before December 1, 1968, while a total, service-connected disability evaluated as permanent in nature was in existence, the beginning date of the 10-year period is December 1, 1968.

(4) If the veteran's death occurred after November 30, 1968, and VA makes a final decision concerning the surviving spouse's eligibility for dependents' educational assistance before October 28, 1986, the beginning date of the 10-year period is—

(i) The date of death of the veteran who dies while a total, service-connected disability evaluated as permanent in nature was in existence, or

(ii) The date on which VA determines that the veteran died of a service-connected disability.

(5) If the veteran's death occurred after November 30, 1968, and VA makes a final decision concerning the surviving spouse's eligibility for dependents educational assistance after October 27, 1986, VA will determine the beginning date of the 10-year period as follows.

(i) If the surviving spouse's eligibility is based on the veteran's death while a total, service-connected disability evaluated as permanent in nature was in existence, the beginning date of the 10-year period is the date of death.

(ii) If the surviving spouse's eligibility is based on the veteran's death from a service-connected disability, the surviving spouse will choose the beginning date of the 10-year period. That date will be no earlier than the date of death and no later than the date of the VA determination that the veteran's death was due to a service-connected disability.

(Authority: 38 U.S.C. 3512(b); Pub. L. 99–576)

(6) Once a surviving spouse has chosen a beginning date of eligibility as provided in paragraph (b)(5) of this section, the surviving spouse may not revoke that choice.

(Authority: 38 U.S.C. 3512(b); Pub. L. 99–576)

© Ending date of eligibility period. (1) The period of eligibility cannot exceed 10 years and can be extended only as provided in paragraph (d) of this section and §21.3047.

(2) If eligibility arises before October 24, 1972, educational assistance based on a course of apprentice or other on-job training or correspondence approved under the provisions §§21.4256, 21.4261, and 21.4262 of this part will not be afforded later than October 23, 1982, unless the eligible spouse or surviving spouse qualifies for the extended period of eligibility provided in paragraph (d) of this section.

(Authority: 38 U.S.C. 3512)

(d) Extension to ending date. (1) The ending date of a spouse's period of eligibility may be extended when the spouse is enrolled and eligibility ceases for one of the following reasons:

(i) The veteran is no longer rated permanently and totally disabled;

(ii) The spouse is divorced from the veteran without fault on the spouse's part; or

(iii) The spouse no longer is listed in any of the categories of §21.3021(a)(3)(ii) of this part.

(2) If the spouse is enrolled in a school operating on a quarter or semester system, VA will extend the period of eligibility to the end of the quarter or semester, regardlesss of whether the spouse has reached the midpoint of the quarter, semester or term.

(3) If the spouse is enrolled in a school not operating on a quarter or semester system, VA will extend the period of eligibility to the earlier of the following:

(i) The end of the course, or

(ii) 12 weeks.

(4) If the spouse is enrolled in a course pursued exclusively by correspondence, VA will extend the period of eligibility to whichever of the following will result in the lessser expenditure:

(i) The end of the course, or

(ii) The total additional amount of instruction that $1,131 will provide.

(Authority: 38 U.S.C. 3511(b))

(5) VA will not extend the period of eligibility when the spouse is pursuing training in a training establishment as defined in §21.4200© of this part.

(6) An extension may not—

(i) Exceed maximum entitlement, or

(ii) Extend beyond the delimiting date specified in paragraph (a) of this section or §21.3047, as appropriate.

(Authority: 38 U.S.C. 3511(b), 3512(b), 3532, 3586)

[54 FR 33886, Aug. 17, 1989, as amended at 57 FR 29799, July 7, 1992; 57 FR 60735, Dec. 22, 1992; 62 FR 51784, Oct. 3, 1997; 62 FR 59579, Nov. 4, 1997]

[Berta]

Thanks Philip- I will print this off-

I fall in the glitch between 5i and 5 ii-

a resolve of my AO claim would give me additional Chapter 35 benefits because I get them now due to fact Rod was 100% P & T-and the ten years for that started on his date of death but the award letter came over 3 years later-

Also- for anyone with children in the military- remember if your son and daughter is eligible for Chap 35, the VA adds the time of their service to their eligible period-

My daughters award came in 1997 , a week before she left for the USAF-the VA approved her extended 7 years military service on her new Chapter 35 award letter.

And GI Billers- the VA web site was a confusing mess- and it looks like they have fixed it up- lots of info there-but Military.com and other vets sites have very good explanations of this bill and how the benefits work.