Chapter 35 and DIC

[USMC_VET]

I was recently given 100% P&T and started filling out the Chapter 35 benefits for my wife as she has wished to continue her education, however i noticed that it says "If you are over the age of 18 once you receive either the DEA or FRY SCHOLARSHIP benefits, you will no longer receive payments of Dependency and Indemnity Compensation (DIC) or Pension and you may no longer be claimed as a dependent in a Compensation claim. If you are under the age of 18, on your 18th birthday you will lose eligibility for DIC or Pension payments and you will no longer be claimed as a dependent in a Compensation claim. CAREFULLY READ THE INFORMATION AND INSTRUCTIONS ON PAGE 6, ITEM 22 BEFORE COMPLETING THE ELECTION BOX BELOW. YOU ARE STRONGLY ENCOURAGED TO DISCUSS YOUR ELECTION WITH A VA COUNSELOR." 

I am not familiar with this, so does this mean IF she was a surving spouse she wouldnt get DIC payments while she was on Chapter 35 or does this mean if she uses Chapter 35 now she wont get DIC payments if i passed in 10,15,30 years and made her eligible for the 50% of my Disability payment as a surviving spouse?

[broncovet]

While your interpretation "makes sense", I dont think so.  See eligibility for Ch. 35

https://gibill.custhelp.va.gov/app/answers/detail/a_id/25/~/who’s-eligible-for-dependents’-educational-assistance-(chapter-35)-benefits-and

Your KIDS need to apply for Ch. 35 BEFORE age 23, but not your spouse.  I think Berta said she went to college under Ch. 35, and that was when she was "not" under 23.  

Eligibility for DIC:

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

While you can read for yourself, and I recommend that:

Your wife and or children can get DEA Ch. 35 while attending an approved college.  

DIC is paid to your spouse when you pass on.  To get DIC you either need to die of a Service connected illness OR, you can die from "any illness" once you have been P and T (100 percent) for 10 years.  

Others may chime in.  

Edited November 18, 2020 by broncovet

[Berta]

Broncovet is correct. I received Chapter 35 and DIC payments at the same time.

We have a lot of info her on DIC and on Chapter 35.

My daughter was granted Chapter 35 as well, and they added her 7 years of military service to her award entitlement date.

The Chapter 35 regulations are different for children of the veteran, than for their spouse or surviving spouse.

The links Broncovet gave you should help explain it all.

 

 

 

[USMC_VET]

54 minutes ago, Berta said:

Broncovet is correct. I received Chapter 35 and DIC payments at the same time.

We have a lot of info her on DIC and on Chapter 35.

My daughter was granted Chapter 35 as well, and they added her 7 years of military service to her award entitlement date.

The Chapter 35 regulations are different for children of the veteran, than for their spouse or surviving spouse.

The links Broncovet gave you should help explain it all.

 

 

 

Thanks! Maybe i was misinterpreting that statement, I think it pertains to the kids that they cant be claimed as dependents on the DIC/payments it they are over 18 and are apply for CHapter 35

 

[USMC_VET]

17 hours ago, broncovet said:

While your interpretation "makes sense", I dont think so.  See eligibility for Ch. 35

https://gibill.custhelp.va.gov/app/answers/detail/a_id/25/~/who’s-eligible-for-dependents’-educational-assistance-(chapter-35)-benefits-and

Your KIDS need to apply for Ch. 35 BEFORE age 23, but not your spouse.  I think Berta said she went to college under Ch. 35, and that was when she was "not" under 23.  

Eligibility for DIC:

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

While you can read for yourself, and I recommend that:

Your wife and or children can get DEA Ch. 35 while attending an approved college.  

DIC is paid to your spouse when you pass on.  To get DIC you either need to die of a Service connected illness OR, you can die from "any illness" once you have been P and T (100 percent) for 10 years.  

Others may chime in.  

@broncovet so i understand DIC correctly, now that im 100% P&T, if i die between now and 2030 of cancer my wife wouldnt get anything, if it was related to a SC condition she would. if i die after 2030 of anything then she gets DIC payments

[broncovet]

Its 10 years after your effective date for 100 percent P and T.  Once you have been SC for 10 years, you can die of any cause, and your wife can get DIC.  

Prior to 10 years, your wife only gets DIC "IF" you die of a SC condition.  

It goes on the effective date of the decision, not on the date of the decision.  That is another good reason I fought VA on my effective date.  (and won).  My effective date was 2002, so, if I die AFTER 2012, she gets DIC.  So, since I made it 10 years, she gets DIC but she has to apply and deal with VA.