Interesting Question chapter 35……

[rpowell01]

I have a daughter who is a Junior in college utiling Chapter 36 Benefits… So, Since she is using those benefits I do not receive any dependency pay because of this… But my question is this, during the summer months she does not receive  any pay for Chapt 35… So, Since she does not receive any Chapter 35 pay during those summer months shouldn’t the VA pay me dependent pay? I have not found any CFR, policy or law that says anything otherwise so I’m thinking the VA is just being real lazy of setting this up for us veterans!!!!

 

your thoughts opinions needed and as always thank you in advanced!!!!

 

Rob

[Okichewy1]

Have always thought about this.  It would be up to the veteran to submit a new dependency claim to add the dependent, then notify the Va that the dependent is using chapter 35 to stop payment. To me it’s more of a headache, cause you risk overpayments and long back pay times for each claim you submit annually to get 2 months of compensation pay for dependents. 

[CITY BOY]

No you will not recieve no dependency money, your Daughter will recieve money directly into her account...from chapter 35...My son used his benefits for 5 1/2 years straight and got his Masters in Environmental Engineering...its just easier for your daughter to recieve benefits and to use all the alloted Months you are entitlled too...Hoped this helps...

[broncovet]

You get dependents pay OR the kid gets Chapter 35.  They dont turn Chapter 35 off then on again in the summer.   You could try filing an appeal, and maybe the courts can decide if this is legal or not.  The problem is Chevron deference.  (Aka Auer defense).  

In Chevron, the Supreme Court ruled that the Agency (aka the VA) gets to interpret its own rules by default, and we have to try to prove they are arbritrary or capricious.  

In sum, its probably not worth your while to fight this.  

Edited August 26, 2018 by broncovet