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ogj23

Chapter 35

Question

When I was 80% disabled I received money for my son in college. I am now P&T and they retroed it back to before he started college. So now he is able to get the full Chapter 35 benefit. My question is will they ask me to repay the money I was getting when I was 80%. Thanks

I hope this is in the right section. 

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4 hours ago, ogj23 said:

My question is will they ask me to repay the money I was getting when I was 80%.

What money, the 80% disability payment you were getting? They won't pay you 100% from the beginning, they will deduct the 80% and pay you the difference. I hope this is helpful.

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I might have miss worded my question. I was getting $218 a month for school age child over 18. Now I’m P&T with Chapter 35 benefits retroed back a few years he get the chapter 35 pay around 1200 a month. Do I have to pay back that $218 a month I was getting before I was P&T. Thanks

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I don't know for certain. I would think you would not have to repay the $218 a month. Maybe someone else will know for sure and answer.

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Great question.  My intuition says, "yes", you will have to pay it back.  However, here is what happened to me in a somewhat similar situation.  

After I got married in 2006, I reported to VA the marriage, and, noted that my family income increased, so it was likely that I no longer was eligible for pension.  (Pension is needs based and maxes out at about 11,000 per year, the poverty level. )

Naturally, it took the VA a couple years to process this, and finally, about 2 years later, they sent me a letter that I was overpaid, and had to pay them back something like 6000 dollars.  

I appealed to the debt management center.  I explained that it was not my fault that it took VA 2 years to process it, and this debt repayment would be a financial burden. 

My appeal was granted and I did not have to repay the money.  

Its my opinion it would not come out that well, if I had not told VA about my marriage and increase in income.  I was honest and they knew it.  Probably  somewhere in the CFR's it says that you have to inform VA when you have changes which would affect your benefits, such as a divorce would no longer mean you could get benefits for your spouse.  

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Posted (edited)

I thought the dependency benefit stopped when the child was 18 but this VA statement says otherwise-

https://www.va.gov/disability/add-remove-dependent/

 

You can file a claim for additional disability compensation whenever you add a dependent.

"You can add a dependent if:

  • You get married
  • You have or adopt a child
  • Your child is between 18 and 23 years old and enrolled in school full time
  • We determine that your child, who is at least 18 years old, became permanently disabled before turning 18
  • You become the caregiver for a parent whose income and net worth is below a certain amount"https://www.va.gov/disability/add-remove-dependent/As many of you know, the whole VA web site has changed-I just hope this info is correct.Also if your adult child had paid tuition prior to the Chap 35 award letter, EED,  they my be eligible for a refund, and I have a topic here under a search that shows how that goes.

My Chapter 35 EED ran out and I paid about 6 thousand or more to finish my degree at AMU.

I subsequently received a better EED, due to a different award letter, and the VA refunded the amount I had paid under the newer EED.

Then again I am a widow and my Chap 35  EED at first was contingent on the veteran' death, but a subsequent claim I won changed that significantly.

One of our members also had the same issue regarding and their son under Chap 35 who also  received the refund.

Luckily ( I was the first civilian graduate, at this military school and their first Chapter 35er) I had contact with the school's VA liaison, and the financial aid office, throughout my college program.

And they were able to verify my tuition payments ,in my student account record, and, with the new delimiting date VA award, it didn't take too long to get the refund.

As long as the school is VA approved ( most of them are) Chapter 35 is a wonderful benefit.

 

 

 

 

Edited by Berta

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