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can chapter 35 benefits be retroactive

by Gideon Prosacco Sr. Published 2 years ago Updated 1 year ago
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If your effective date is Oct 2015 and she completed school in May 2015, there is no benefit of Chap 35 to file for retrospective pay. The key is IF your effective date is Oct 2015. I posted that in your other posting.

There is therefore no legal basis for considering the appellant's application for such benefits as having been filed on her May 9, 1994, eligibility date, and thus no basis for awarding retroactive payment of Chapter 35 DEA benefits.

Full Answer

What happens to my chapter 35 benefits if I remarry?

Surviving Spouse – As a surviving spouse, and you remarry while drawing Chapter 35 benefits, the benefits or eligibility of your dependent children will not be affected. Your program benefits normally end 10 years from your date of eligibility, unless your sponsor dies while on active duty.

Who qualifies for Chapter 35 benefits?

Participants include a dependent child between the ages of 14 to 31 and a spouse, or surviving spouse, who qualifies for the benefit” How Does My Family Claim Their Chapter 35 Benefits?

How does the chapter 35 program work?

With the Chapter 35 program, you have some financial assistance to learn a career. While the program does not pay all school-related expenses, it does help financially to learn a trade or career – an opportunity otherwise you may not have had.

Can chap 35 be used for retrospective pay?

If your effective date is Oct 2015 and she completed school in May 2015, there is no benefit of Chap 35 to file for retrospective pay. The key is IF your effective date is Oct 2015. I posted that in your other posting.

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Are VA DEA benefits retroactive?

Retroactive DEA If the individual seeking DEA benefits files within that year time frame he or she is entitled to the benefits from the effective date the decision. Retroactive DEA benefits are also available for dependent children who file within one year of their 18th birthday.

How far back will the VA pay back pay?

This is within the 1-year mark, so his date of eligibility for VA Disability Back Pay is his date of separation. It takes another 9 months before the VA's Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA's rating decision.

How long does it take for Chapter 35 benefits to start?

You should get paid starting the month following your first month of class and then every month thereafter. Payments for DEA-CH 35 are considered "in arrears," meaning you will get paid at the first of the month for the month that you just finished.

How far back can you claim VA disability?

We refer to the first claim you file for a disability as your original claim. You can file a claim up to 180 days before leaving the service: If you have 180-90 days left on active duty, you may be able to file a pre-discharge claim through the Benefits Delivery at Discharge (BDD) program.

What is the VA 5 year rule?

The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.

Can I get a lump sum for my VA disability?

VA compensation is unlike severance pay because it is not paid in a single lump sum, but is paid out over time. If the VA were to pay you compensation and severance pay for the same disability, you would be getting paid twice for the same disability. According to law, this is not allowed.

How much does Chapter 35 pay monthly 2021?

Cooperative training (other than farm cooperative) (Full time only)- $1,298.00 (Entitlement charged at the rate of one month for each $1,298.00 paid)....Survivors' and Dependent's - (DEA/Chapter35) Increased Educational Benefit.Training TimeMonthly rate¾ time$1,026.00½ time$753.003 more rows•Jul 22, 2021

How much money do you get from Chapter 35?

Entitlement is generally 45 months of full-time benefit payments, if the person began using the program before August 1, 2018. If the person began using the program on August 1, 2018 or after, then entitlement is 36 months....Chapter 35: Dependent Education Assistance​Training TimeMonthly Rate½ Time$7534 more rows

Does Chapter 35 pay every month?

The program pays a monthly benefit stipend directly to the student and is based on the type of training and the number of credit hours being taken. Benefits are paid in arrears (after the training period). For example, a student receives payment for August at the beginning of September.

How does VA disability retroactive pay work?

To compensate for the months or years veterans must go without compensation, the VA grants retroactive awards. Generally, you are eligible for back pay from the first day of the month following your “effective date” for benefits. In most cases, your effective date is when the VA received your disability application.

Can I file a VA claim after 10 years?

Fortunately, the VA accepts disability claims for conditions that develop decades after a Veteran's military service. This means there is no time constraint on when you can file a disability claim. However, it is wise to file your claim as soon as possible.

How long does it take to get a response from the Department of Veterans Affairs?

The Department of Veterans Affairs has received your Inquiry. You should expect a response from us within 5 business days.

Can a cosigner be removed from a loan?

RESPONSE: You can apply to have your obligation as a cosigner removed from the loan. However, your son/daughter will be responsible for the balance that still remains, as we cannot discharge the actual balance since you are a cosigner on this loan.

Can a veteran get student loan forgiveness?

So, it appears to be no, the qualified veteran who is eligible for student loan forgiveness who has co-singed their child's student loan can not get that balance discharged.

Does the VA forgive loans?

VA has nothing to do with loan forgiveness, best to check with the place that holds the loan.

Children of the Service Member

For children of a Service Member, it depends on when they turned 18. If the child turned 18 or graduated from High School before January 1, 2013, they can qualify for and use the Fry Scholarship until they turn 33.

Surviving Spouses

As the surviving spouse of a Service Member, a beneficiary is still eligible to receive DIC payments while using the Fry Scholarship. However, if they remarry, they will no longer be eligible to utilize the Fry Scholarship.

Benefits of the Fry Scholarship

If a survivor qualifies for the Fry Scholarship, they may be able to receive up to 36 months of benefits. These benefits include money for tuition (full tuition for in-state public schools and up to $22,805.34 for private or out-of-state schools). They may also be eligible to receive a housing stipend and money for books and supplies.

Benefits

Chapter 35 benefits pay for up to 36 months for education. The benefit comes as a monthly payment paid directly to the dependent to help cover the cost of education in the form of:

What is VA claims insider?

VA Claims insider is an education-based coaching/consulting company. We’re here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veteran s with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements (Medical Nexus Letters) for a wide range of disability conditions.

What is Chapter 35?

Chapter 35 is available to all Veteran Dependents, meaning service members’ spouses, sons, daughters, and surviving spouses (including step-children and adopted children). Any eligible children can use these benefits from ages 18-26. It is also used for Veterans education and training opportunities. These benefits include specialized vocational ...

What age does a dependent child qualify for VA disability?

Participants include a dependent child between the ages of 14 to 31 and a spouse, or surviving spouse, who qualifies for the benefit”.

How to apply for VA education benefits?

First, all included children and spouses must be registered as dependents on the Veteran’s Defense Enrollment Eligibility Reporting System (DEERS.) Second, you as the Veteran will need to submit an application through vets.gov under your login. You will want to use the Educational Benefits Application tab to fill out form VA Form 22-549. Please note, use VA Form 22-1995 if you need to split your benefits between two (2) or more schools. This is a change of location form. If you do not have access to Ebenefits, you may submit a paper copy of VA Form 22-549 to the VA Western Regional Education Office at the following address:

What is the VA claims insider elite rating?

If you’re stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you!

What is a veteran rated for?

The Veteran is rated for Total and Permanent service-connected disability

What is the VA Office?

The VA Office is in charge of notifying the VA of what classes you are taking, how many credits, and whether they are in school or online. From there, the VA will decide what monetary amount you will be approved for and will send you a notification in the mail as well as to your Ebenefits account.

What is service connected disability?

A service-connected permanent and total disability is a disability resulting from your service that doesn’t go away. You may be eligible for VA education benefits (Chapter 35 benefits) if you’re the child or spouse of a Veteran and one of the descriptions listed below is true of the Veteran. One of these must be true.

What is the Fry Scholarship?

The Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship) is for children and spouses of: The Survivors’ and Dependents’ Educational Assistance (DEA) program offers education and training to qualified dependents of Veterans who: Note: You may qualify for both the Fry Scholarship and the DEA program, but you can use only one of them.

How long does a spouse have to be on DEA?

Duration of benefits for spouses: 20 years from the service member’s date of death if they died on active duty, or 10 years from the date we determine they qualify or from the Veteran’s date of death (there may be exceptions). Fry Scholarship. Duration of benefits for spouses:

What is service connected permanent and total disability?

A service-connected permanent and total disability is a disability resulting from your service that doesn’t go away.

How long can a child receive the Fry Scholarship?

A child who becomes eligible on or after January 1, 2013, has no time limit to use benefits. DEA. Maximum months of benefits: 45 months if the first use of benefits was before August 1, 2018. 36 months if the first use of benefits was after August 1, 2018. Fry Scholarship.

What does "died in the line of duty" mean?

Died in the line of duty after September 10, 2001, or. Is missing in action or was captured in the line of duty by a hostile force, or. Was detained (held) by force while in the line of duty by a foreign government or power, or.

Can you get Chapter 35 benefits if you are a dependent?

If you’re a dependent spouse or child—or the surviving spouse or child—of a Veteran, you may qualify for Chapter 35 benefits or job training through a GI Bill program.

What is Chapter 35 DEA?

Today, we are going to take a look at Dependents Educational Assistance (DEA), also called Chapter 35 Benefits, available to dependent children, spouses, and surviving spouses of certain veterans. VA regulations state that the purpose of DEA benefits is to “ [provide] opportunities for education to children whose education would otherwise be impeded or interrupted because their veteran-parent suffers from a severe service-connected disability.” For a spouse or child of a veteran to be eligible for DEA benefits, the veteran must meet one of the following requirements:

When do DEA benefits go back?

When retroactive benefits are due in this scenario, the benefits will go back to the date of the child’s birthday.

How long does a veteran receive DEA benefits?

A dependent or spouse who is found to be eligible for DEA benefits is entitled to receive the benefits for up to 45 months. The amount of DEA benefits paid depends on the type of program for which they are used.

Can a spouse be eligible for DEA benefits?

Without a finding by the VA that the veteran’s death was service connected or that the veteran’s service-connected condition is total and permanent, a dependent or spouse will not be eligible for DEA benefits.

What are the events that can extend your eligibility period?

Besides military service, other events can extend your eligibility period, such as: Not able to attend classes due to having to meet family or financial obligations. Unexpected change in employment – you get transferred to a new location with the same company. A death in the family.

How many years of school do dependents get?

With 45 months of entitlement, and attending nine-month academic school years, it is enough benefit for up to five years of school. Just be sure to start school early enough so you can finish before your 27 th birthday as unused entitlements are lost at that time.

What are dependents in the military?

The definition of a surviving spouse is straightforward, however, what constitutes a dependent child may not be. To qualify for the program, you are considered a dependent, if you are under the age of 27 and: 1 a biological child of the military member 2 adopted through the courts system or 3 a legally adopted step-child.

How long can you be in the military after being recalled?

If you already served in the military, but were recalled to active duty after September 10, 2001, your eligibility can be extended for the duration of the deployment plus four months. In case of an involuntary recall, eligibility can extend past your 31 st birthday.

How much does a full time student get on the GI bill?

As of this writing, a full-time student attending either a college degree or non-degree program receives $936 per month; starting October 1 st, the payment increases to $957 per month.

How old do you have to be to be a dependent?

To qualify for the program, you are considered a dependent, if you are under the age of 27 and: a biological child of the military member. adopted through the courts system or. a legally adopted step-child.

Where to mail VA form 22-5490?

If it is, submit VA Form 22-5490 from the eBenefits website or download the form, fill it out and mail it to the VA Regional Office having jurisdiction over your school. The information is on the form. As with most GI Bills, payment rates are annually adjusted on October 1 st.

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