Chapter 35

[kkp]

If a p&t vet dies from other than service connected reasons, and has been p&t less than ten years, does his children in college lose their chapter 35 benifits also. I think I know the answer , but thought I would ask .

thanks kkp

[Berta]

A vet with 100% SC P & T establishes their childrens and spouses eligibility for Chap 35.

That does not change -if NSC death.

However- I believe that if a surviving spouse claims SC death and is successful, this can alter the limiting dates for spouses and children that they were given under the 100% SC P & T regs.

I wont know the answer to that until they resolve my AO claim-

my delimiting date ran out and I now pay thousands in tuition myself-

that date was based on the vets P & T 100% SC and not on his death as direct death due to service.

I nodded the nice letter from VA education telling me my entitlement had ceased.

An award for direct death for me or any other surviving spouse should then kick in a new entitlement date and make the old one moot.

I could not find anything at BVA like this so will let you all know how this Chap 35 stuff goes.

Gold Star wives is trying to get the delimiting dates altered for surviving spouses.

Many widows wont enroll into college until they know the Chap 35 has been awarded.

However this gives them a delimiting date that only a crystal ball could foresee and the VA doesnt send us crystal balls.

Although VA will pay retro on this reg-

not many widows can afford the thousands of dollars needed for tuition during the time it takes for VA to award the Chap 35.It only makes sense, that death is a financial loss as well as a tragedy-it can take w diow some time to get over all that enough to even consider college.

The VA penalises widows by legally establishing an entitlement date that is not fair or even sensible.

PS -dont ge me wrong- my school is worth every penny and I am very grateful for the many thousands that the VA has paid already-for my degree and they will pay for my daughter's Masters degree-

it is just that these regs seem unfair and even if they cause the veteran's death- like in my case- that does not establish Chap 35 entitlement at all-

Edited February 21, 2007 by Berta

[kkp]

Berta I .am surpized at your answer. I thought they would lose the benifit.

Your answer also gives me a much better understanding of your predicament. I have been kind of lost, but see what you mean now by the date of death, and the va trying to deny eligabilty. good luck, Im sure you will win in the end.

kkp

[Berta]

The DEA regs clarify this-(38 USCS 3500)

100% SC P & T = DEA for dependents

Death does not alter that fact that veteran (unless they got a sudden cure of the 100% P & T SC and then died anyhow)

died with 100% SC P & T.

This regulates this award.

Sec 1151 deaths get nada.

But if the VA causes a vets death under 1151 and the vet was 100% SC P & T before the VA did them in- the dependents get Chap 35 (DEA) benefits.This is why I get Chap 35.

If the vet in their lifetime was not 100% SC P & T but then dies due to a direct servce connected death, the dependents get Chap 35 (DEA)

This factor is why my AO claim might get me a better Chap 35 date.

I sure hope the VA doesnt make too many errrors on Chap 35 awards like they did on mine and then on my daughter's.

I dont think my former vet rep even had a single clue when I nodded those initial decisions and within 3 weeks on the NOD they were both reversed for proper awards.