Chapter 35 Benefits for spouse

[Bhut]

Hello guys,

Have a question, I tried to call the 800 number at the VA today but never got called back.  I was recently awarded TDIU benefits, I am rated at 80%.  I received a letter today stating that I was awarded TDIU benefits with the effective date of June 2017.  It says that I am considered to be permanently and totally disabled. It also states that my dependents are eligible for Chapter 35 educational benefits.  I thought you had to be 100% for dependents to be eligible for educational benefits?  If so this is great, my wife is currently in nursing school and we already owe about 25k and she still has a year before she graduates.  If anyone can clarify this it would be much appreciated.  Thanks.

[rfkoshka]

TDIU awardees receive all the same benefits as someone with a 100% disability. This includes chapter 35 benefits...so yes, your wife qualifies. If your effective date does in fact go back to 2017, so does your wife's chapter 35 benefits. She has 10 years from your effective date to use it. In my case, the effective date of my TDIU went back to 2010 and my son attended university for 4 years after that. He applied for chapter 35 and received (as I recall) 36 months worth of retroactive chapter 35 back pay. One last thing: your wife files for the benefit, not you. She'll need to create a login at the VA website to do that. Good luck to you both.

[pacmanx1]

It's not the TDIU nor the 100% rating. Yes, they pay the veteran the same benefits. It is when the VA consider/rates a veteran P & T (Permanent and Total) that allows veteran's dependents to be eligible for the DEA CH35 and other benefits. Without being P & T, TDIU and 100% veteran's dependent are not entitled to the DEA CH35. Have your wife contact Financial Aide or the Veterans Services at her school and they should be able to help her figure out how to proceed.  

[broncovet]

Yes, you should get retro chapter 35, and, also retro for your claim.  (You will only get the difference between 80 percent and 100 percent back pay, but that is a lot.)

There is a retro calculator you can use, and I recommend using it.  You would be amazed on how many times VA messes that up.  My retro was about 50 k short.  I noticed it, and got it corrected with an audit in about 2-3 weeks.  

[Berta]

Glad you are back Broncovet!

I am a Chapter 35er and the info here is great.

I was awarded under one theory of entitlement , ( husband was rated posthumously at 100% P & T for PTSD)but my DEA eligibility date ran out and I had to finish my degree out of pocket--- either 6 or 8 thousand dollars ( AMU), but then I was awarded under a new theory of entitlement *and that extended my DEA date and the VA also paid me the retro I had paid myself.

* I proved my husband died of a AO disability contributing.

I was the first civilian and first CHAPTER 35 student at AMU- I tied in as others said to do with the veterans liason at the school and with financial aid.

My student record revealed the payments I had made after the VA DEA ran out.

I don't know if this has changed-under DEA before my eligibility date changed , I had to pay the AMU tuition before the semester began and then VA would reimburse me, after my student record revealed I was formally in classes I had paid for.

VA messed up on my retro as well- but under a different situation.Not DEA.

They paid 28,000 plus but then I told them that amount was incorrect and sent them my math figures and they paid me 11,000 more.

They sure do make financial errors, to our detriment.

My textbooks were expensive but the Marine Corps gave me a book fee waiver. I also got a free subscription to the Marine Corp Gazette, because it was required reading for the courses I took.Some schools have ways to get book fee waivers- but some don't.Many have a used book department too.

I wish her Great Success!!!!!!

 

 

Edited April 21, 2021 by Berta

[broncovet]

Thanks Berta.  Back for a while, and then its "on the road again".  Last year, we did not get to see grandkids because of covid, so we are traveling to multiple distant states to see them this year.  I had not seen my brother or sister for almost 2 years and drove about 4000 miles, round trip, to see them.  

[blahsaysme2u]

On 4/21/2021 at 9:04 AM, broncovet said:

My retro was about 50 k short.  I noticed it, and got it corrected with an audit in about 2-3 weeks. 

how do you have an audit done? might get that done just to have them double check it hahaha