Ch. 35 with 70% TDUI P&T?

[MarineLCpl]

Hello all, 

I was recently granted P&T status for my 70% PTSD SC disability. Based on my research, it appears that regardless if you’re 100% scheduler or 100% TDIU, the benefits are the same. 
 

My question revolves around Ch. 35 benefits for my children when they reach the age of 18. Mainly talking about college here. None of the kids are of that age yet, but will be in a few years. Would I qualify for Ch. 35 benefits for kids and spouse at 70% P&T? I’ve been 100% IU since 2010, but was only recently granted P&T status a few days ago. 
 

Just not entirely sure how everything works, or if my dependents/spouse are even eligible to receive these Ch. 35 benefits. 
 

Edit: Just to clarify, I don’t think TDIU was rated P&T, just the PTSD rating. Guessing that Ch.35 doesn’t take effect until you’re rated P&T for TDIU or reach 100% via schedule....bummer. 

Edited July 17, 2020 by MarineLCpl

[broncovet]

When you get awarded 100 percent (or tdiu) P and T, they send you a letter which usually includes "eligiblity to Ch.35 benefits is established".  

Yes, you get it effective the same date your 100 percent p and t is effective.  

State benefits can be different with tdiu or 100 percent p and t.  Each state does their own.  In my state, they are the same.  I get a waiver on most of my property taxes, but had to apply and wait a year on that.  Taxes are paid "in arrears".  This means the property tax you pay in 2020 is for the year 2019, just like the IRS.  So, if you apply for and get the waiver on Jan. 1, 2020, that will waive the taxes in 2020, not in 2019.  You will still owe 2019 taxes.  

[Buck52]

broncovet

I think they change the wait time on getting the property tax exemption.

to many veterans were in dire straits as for as paying the property tax and having to wait a year  or the beginning of the year or in some states April 1st deadline for filing the exemption. (this is what the exemption is for in the first place) to help the veteran with his monthly payments and a low cost home owners insurance policy.

I too had to wait to get my property tax exemption  but this was way back in 2002..

we purchase a home in May of that year and if we had purchase it before April 1st of that year  we would have got the exemption.but we didn't  I had to pay the taxes the rest of the year and it was hard to do that as we got a bigger more expensive home.     but we did it.

   This has all change nation wide for the veterans property tax exemption   when a veteran gets the property exemption from the VA the county tax appraisal offices are suppose to give the veteran the exemption right then  when he files for it and also files for homestead. 

if any owed taxes on the property at the time the veteran closes on the home  the county appraisal office goes after the last homeowner for these unpaid taxes.

However with all this said  its best the Veteran and his spouse visit their county appraisal office to make double sure  because in some states the county's are different?  but this is a federal exemption for disabled  100% or TDIU P&T Veterans.

[Buck52]

MARINE CPL

Quote

''My question revolves around Ch. 35 benefits for my children when they reach the age of 18. Mainly talking about college here. None of the kids are of that age yet, but will be in a few years. Would I qualify for Ch. 35 benefits for kids and spouse at 70% P&T? I’ve been 100% IU since 2010, but was only recently granted P&T status a few days ago.''

Your award takes effect immediately all you need to do is fill out the educational benefits applications  and if your children are still under the age 18 to 24  they still can go to school on these benefits (college) also your spouse can go back to school on these benefits too.

  You have  I think it is 10 years to use the educational benefits and they do ''extend these benefits if the person is still in school after the 10 years to get his/her degree. 

*Note ,you may need to apply for the educational extensions periods.

I TELL ALL VETERANS TO USE THESE EDUCATIONAL BENEFITS FOR SPOUSE AND HIS CHILDREN...This is a great Benefit for our children  both my kids used them and got their degree.

Good Luck.

[MarineLCpl]

3 hours ago, Buck52 said:

MARINE CPL

Quote

''My question revolves around Ch. 35 benefits for my children when they reach the age of 18. Mainly talking about college here. None of the kids are of that age yet, but will be in a few years. Would I qualify for Ch. 35 benefits for kids and spouse at 70% P&T? I’ve been 100% IU since 2010, but was only recently granted P&T status a few days ago.''

Your award takes effect immediately all you need to do is fill out the educational benefits applications  and if your children are still under the age 18 to 24  they still can go to school on these benefits (college) also your spouse can go back to school on these benefits too.

  You have  I think it is 10 years to use the educational benefits and they do ''extend these benefits if the person is still in school after the 10 years to get his/her degree. 

*Note ,you may need to apply for the educational extensions periods.

I TELL ALL VETERANS TO USE THESE EDUCATIONAL BENEFITS FOR SPOUSE AND HIS CHILDREN...This is a great Benefit for our children  both my kids used them and got their degree.

Good Luck.

I was pretty confused about the whole thing, thinking that P&T had to be connected to TDIU. But is there even such a thing? Even if 20 years goes by and someone resumed SGE, wouldn’t they be risking their IU eligibility? 
 

The confusion mainly is that I’m only 70% P&T, but receiving TDIU along with that...I was under the impression you needed to be 100% P&T to receive these benefits, like Ch. 35

Edited July 17, 2020 by MarineLCpl

[Buck52]

NO  NOT ANY DIFFERENCE, IF YOU ARE 70% COMBINED OR JUST A STRAIGHT 70%  IF THEY AWARDED YOU THE IU  AND YOU RECEIVED THE P&T AT A LATER DATE  AS SOON AS YOU GOT  THE P&T IT GOES INTO EFFECT IMMEDIATELY. 

TDIU WITH P&T OR THE 100% SCHEDULER  THEY BOTH HAVE THESE SAME BENEFITS.

***BUT YES YOU NEED TO BE P&T TO RECEIVE THE ADDITION EDUCATIONAL BENEFITS

[MarineLCpl]

3 hours ago, Buck52 said:

NO  NOT ANY DIFFERENCE, IF YOU ARE 70% COMBINED OR JUST A STRAIGHT 70%  IF THEY AWARDED YOU THE IU  AND YOU RECEIVED THE P&T AT A LATER DATE  AS SOON AS YOU GOT  THE P&T IT GOES INTO EFFECT IMMEDIATELY. 

TDIU WITH P&T OR THE 100% SCHEDULER  THEY BOTH HAVE THESE SAME BENEFITS.

***BUT YES YOU NEED TO BE P&T TO RECEIVE THE ADDITION EDUCATIONAL BENEFITS

That’s great news! I seen that spouses have 10 years to use Ch. 35, but it doesn’t say how long dependents have. My youngest is only 4, so it will be 14-15 years before he’s off to college...hoping it’s not too late to use Ch. 35 when the time comes.