Chapter 35

[kkp]

Here is my Situation. I am not 100% pt at present. Hopefully I will be before to long.

I have a seventeen year old Grand son, who I have Legal custody of and have had since he was two years old.

I know I would have to legally adult him for him to be qualified for chapter 35 benefits. Here's the situation now . He is a junior in high school now, but he will be 18 years old this July (2007). Must I adult him before he is 18 years old even though he still has another year of high school. I would sure hate to lose out over being stupid.

Thanks kkp

[Berta]

If the VA has already determined -by a dependent rate- added to your SC comp

that this child is a dependent for VA purposes , you might not have any problems on the child's Chap 35 eligibility if they award you 100% P & T.

Might not- the VA considers dependents as natural , step or adopted children.

If they send you dependency comp now for this child -they have apparently made a decision that the child qualifies as your dependent.

[Pete53]

I hope that you get Chapter 35 before he goes to College. He would qualify for Chapter 35 since he is already a minor dependent I speculate that VA is already giving you extra money for him now?

Good Luck

[Ricky]

I would assume KKP is not geting benefits for this child. VA regulations provide that the child must be natural, step or adopted. Legal wards based upon a court does not get dependent status at the VA. I have one who is 11 yo. the court awarded custody to me and my wife when she was two and she has lived with us since then. My claim for dependency for her was denied because I had not adopted her and they explained that award of custody by a court does not meet the requirements of the VA for establishment of dependency.

KKP - My opinion is that you should act quickly. I do not think you could adopt someone who is over 18. I am not a legal specialist so you need to check with an attorney in your state as to the state's requirements for adoption. The process is normally a long one and keep in mind that the VA will only consider the date on the final adoption order and not the date it was began!

If I am wrong and you have received dependency status for a grandchild in which you have custody of please provide the details on how you did this. It would be important to me, plus I have seen this same issue discussed on other boards as it seems there are a lot of ole grandpa veterans out here that are now raising their grandchildren. Thanks

Edited April 20, 2007 by Ricky

[kkp]

Berta, Ricky, Pete 53, and others.

I talked to my po today. I was given a number to call at the va. suggested I deal directly with the to save time.

After going through a lot of recordings I end up at the local ro. I never did claim him as a dependent. At that particular time I was in pretty bad shape. I only recently found out about chapter 35. Keep in mind that I am only 50% but am quite sure of a hundred in the not to distant future.

I was told at the ro to go ahead and proceed with the adoption, And as soon as I have anything legal in writing to send it to them and then they would send me directions on how to proceed from their.

I then called my lawyer and have an appointment tomorrow. He said we could have something legal from the court within a week to send to the ro. He also said since the adoption was uncontested it should be final before his 18th birth day. He also said in West Virginia adoptions could be done after the age of eighteen.

My Grand Son is only a junior so that will give us a year and a half to work my claim. He's a smart kid, and will probably be offered a scholarship in basketball, but the extra help would sure come in handy.

Ricky the way the person talked to me at the ro, I am under the impression that the adoption would not have to be final, but in the process. The man I spoke to ask his supervisor before he told me to send anything that proved it was in the process. I can only hope.

Thanks to all, as I said I learned about chapter 35 here on Hadit, so please don't quit answering those repiticious questions. Its not old stuff to us news, and remember we are not thinking straight at the start of the va maze.

kkp