Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

Top 10 VA Disability Claims Articles

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Interesting Question chapter 35……

Rate this question

rpowell01

Asked by rpowell01,

 Share

Question

rpowell01 Mentor

rpowell01

Posted
Posted

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

Link to comment
Share on other sites
  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

3 answers to this question

Recommended Posts

  • 0
Okichewy1 Contributor

Okichewy1

Posted
Posted

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. 

100% P&T Schedular !!

50%  Severe Obstructive Sleep Apnea, 40%  Fibromyalgia (GW presumptive), 30%  Right shoulder issues (Labral Tear surgery, arthritis, surgery post motor vehicle accident), 30%  Somatic Symptom Disorder (claimed as depression and anxiety), 30% Onychomycosis (nail fungus) right great toe, 30% IBS with diarrhea (GW presumptive), 10%  Hypertension, 10%  Hypothyroidism, 10%  Tinnitus, 10%  Right knee issues (meniscus surgery, arthritis),   0%  Right shoulder surgical scars,  0%  Right knee surgical scars,  0%  Erectile Dysfunction, 0%  Hypogonadotropic Hypogonadism, SMC-K  Loss of Use of Creative Organ

Link to comment
Share on other sites
  • 0
CITY BOY Apprentice

CITY BOY

Posted
Posted

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...

Link to comment
Share on other sites
  • 0
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted (edited)

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 by broncovet
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to question listing


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!

  • Recent Achievements

    • First Post
      Dave119
      Dave119 earned a badge
      First Post
    • Conversation Starter
      Dave119
      Dave119 earned a badge
      Conversation Starter
    • Dedicated
      Brew
      Brew earned a badge
      Dedicated
    • First Post
      Rowdy01
      Rowdy01 earned a badge
      First Post
    • Week One Done
      Laddib45
      Laddib45 earned a badge
      Week One Done

  • Our picks

    • Caluza Triangle defines what is necessary for service connection

      Caluza Triangle defines what is necessary for service connection

      Tbird posted a record in VA Claims and Benefits Information,

      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
      Tbird

      Picked By

      Tbird,

    • Post in ICD Codes and SCT CODES?WHAT THEY MEAN?

      Timothy cawthorn posted an answer to a question,

      Do the sct codes help or hurt my disability rating 
      yellowrose

      Picked By

      yellowrose,

    • Post in Chevron Deference overruled by Supreme Court

      broncovet posted a post in a topic,

      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
      Lemuel

      Picked By

      Lemuel,

    • Post in Re-embursement for non VA Medical care.

      broncovet posted an answer to a question,

      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
      Lemuel

      Picked By

      Lemuel,

    • Post in What is the DIC timeline?

      broncovet posted an answer to a question,

      Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
      Lemuel

      Picked By

      Lemuel,
    View All
×
×
  • Create New...

Important Information

Guidelines and Terms of Use

  I accept