Chapter 35 benefits

[relatively happy camper]

I'm curious, if a spouse was awarded Chapter 35 benefits and used them when the veteran became P&T, some yrs back, does she become eligible again when she is awarded DIC?  The awarding of DIC is a new claim/benefit.  I've seen a few of them and they always award Chap 35 benefits w/the DIC award.  thx

[pacmanx1]

I may be wrong or off, and I am quite sure some others will correct me, but I think you are correct. 

[broncovet]

According to the VA website, you can get one or the other, but you can not switch:

https://www.va.gov/education/survivor-dependent-benefits/#:~:text=If you're a dependent,%2C you can't switch.

This said, you can not always trust what the VA employees, or even VA websites tell you.  Yes, I know its disappointing.  IRS is the same way.   You could call the IRS hotline for tax advice, then take their advice.  If the advice is wrong, you could still have to pay the applicable tax penalties or interest.  

Neither the VA, nor the IRS permits a GS5, or whover, works on updating the website, to make "official" statements binding on the agency.  

In law enforcement, its actually worse.  More than once, a sheriff or detective lies to the accused, for example, they may tell them that. "your brother already ratted you out", when that is not true.  Tricks (aka lies) often lead to arrests and or convictions.  While Im no expert on law, Im pretty sure that, even if you are convicted based on a lie the sheriff told you, you are still convicted.   The sheriff is not on trial..the accused is.  I can see how, in some peoples mind, at least, its okay to fight fire with fire, as many/most criminals will lie to prevent conviction.  Sadly, sometimes, it may even work, at least for a while. 

[relatively happy camper]

Thanks, bronco & Pac.  Although it still leaves me wondering.  I know if you use college benefits, previously, they claim that there are limited funds available for you, for voc rehab.  I was just wondering since it's a new claim.  The other thing is if a spouses Chap ed 35 bennies from a previous marriage would be awarded more from a new spouse?  I think they would but who knows w/the VA.

[pacmanx1]

The only thing I can say is when I was going through Voc Rehab. The lady there told me to apply for PELL GRANT and any loans I felt that I needed. This was before I was rated 100% P & T. She told me that when/if funds are available or came available after all loans were paid out. They look for potential students that they could help and grant their loans. As to CH 35 I think I read here that a former member used CH 35 twice, once while her husband was alive and later after she was granted DIC and CH 35.

[relatively happy camper]

Thanks Pac.  I think you are correct and I believe former member did, thinking back on it.  I'm checking for my Ex.  She went on his P&T Chap 35 and now that she's receiving DIC due to his death, the award shows a new Chap 35 award.  Thx again!