Ch. 35 benefits questions

[wrightfarm]

I have two questions about chapter 35 benefits.  

#1. I was rated 100% p&t in 2006.  I was married from 2000-2019.  My ex used the ch 35 benefits.  I have just gotten remarried.  From my understanding,  my new wife is eligible to use ch. 34 benefits as well.  Does the 20 year time frame established to use ch 35 benefits apply to my new wife so she has until 2026 to use them?

 

#2.  I know another veteran who is also rated 100% this p&t.  He has a daughter who just graduated high school.  This veteran is currently in jail awaiting trial for a felony which it looks like conviction and a lengthy prison sentence.   If he is convicted of the felony and sent to prison,  can his daughter still use ch 35 benefits?  

 

[pwrslm]

Looking into #1 above, I do not see where this is addressed that the Veteran remarries after the CH35 benefits have been provided. Your original spouse used a benefit for CH35, which the VA limits to 36 or 48 months. You probably should just apply. All they can do is say no, or approve the claim. You lose nothing.

Same basic info on #2, file a claim. The dependent has 10 years to complete the education benefit. As long as the veteran is 100% P&T, even in prison, the DEA should persist for dependents. CH31 benefits do persist in prison as well. The dependent should have no problem getting CH35. SEE THIS

[wrightfarm]

Yes, just trying to plan ahead.   If my wife can't get ch 35 benefits, she will not be going back to school.  

And, for my friend, right now he thinks his daughter will lose ch 35 benefits when he is convicted and she is not currently planning to go to college because of this.  

So, was just hoping someone would know the answers.  

[pwrslm]

Have you contacted the local VR&E office on this? 

They are the ones who will make these decisions. The new wife question is a good question for them to answer, and I am fairly certain that your friends daughter should be applying for college.