Family members want to know what benefits they are eligible for

Hello Jim,

 

I am the daughter of a Marine who is 10% disabled. I applied for financial assistance for school and was denied because my father is not 100% disabled. I had initially applied because a friend of mine applied for her children whose father is also a veteran with 10% disability and was given the assistance. I am reaching out to you to see what my rights are from here and if it is worth my time to pursue the matter. When the Department of Veteran Affairs replied to my initial application, they said I was denied on the grounds that my father is not 100% disabled and the only way I could appeal it is to prove that he is 100% disabled. I greatly appreciate your time and assistance in the matter.

 

Reply:

 

Educational benefits for dependents are covered under

https://www.law.cornell.edu/uscode/text/38/part-III/chapter-35

 

You may also want to review

http://www.benefits.va.gov/gibill/docs/pamphlets/ch35_pamphlet_2.pdf

 

In broad terms, the child must first be a dependent. If the child is emancipated...living away from the veteran parent, married and so on...they are no longer dependents.

Then the veteran must be 100% disabled, and his rating must be permanent and total or P&T.

I generally advise that we do not compare our benefits with others.

Your friend may have received some other sort of benefit that has a different requirement. When we start comparing notes but we don't have all the documentation in front of us, we can't determine exactly why your friend got some sort of benefits.

The upper tier of benefits for dependents (education, CHAMPVA health insurance, etc.) doesn't become available until the veteran is declared 100% P&T. I'd guess that if you explored your friends case a bit you'd learn that there are circumstances other than C35 DEA involved.

A 10% rating gets the veteran very little in the way of any substantial benefits and no benefits for dependents. The vet gets a small monthly check but no real health benefits or privileges.