veterans benefits administration who’s eligible for what benefit?

VETERANS BENEFITS ADMINISTRATION

Who’s Eligible for What Benefit?


Objective

Using this presentation you will be able to identify the BASIC eligibility of Montgomery GI-Bill(CH30), Montogmery GI-Bill(Selected

Reserve)(CH1606), Reservist Education Assistance Program(CH1607), Post 9/11 GI-

Bill(CH33) and Dependants Education Assistance(CH35).


Montgomery GI-Bill(CH30)

For those who first entered service after June 30, 1985. The $1200 payment is not an eliglity criteria for Category 1 or 3 participants.

CAT 1A Initial term of service was 2 years.Paid $1200 to participate.Honorable Discharge.


CAT 1B • Initial term of service

was 3 years.• Paid $1200 to

participate.• Honorable Discharge.


Category 1C (Also known as 2X4)• Requires a two year term on active duty plus

an additional four years in the Reserves. • Paid $1200.• Honorable Discharge.


Entitlement

Service members may begin using MGIB benefits after serving 24 months of active duty.

Claimants may use up to 36 months of entitlement under MGIB.

Entitlement is the amount of full time monthly benefits a claimant will receive.


High School Diploma

All claimants for all categories under MGIB education benefits must have a high school diploma or equivalent, GED, or 12 hours of college credit prior to applying for MGIB benefits.


Category 2

Chapter 34/30 conversions. For those who first entered service prior to 1-1-77, or contracted to enter before that date and entered before 1-2-78, under the Delayed Entry Program. These are former Vietnam Era GI Bill participants. Their delimiting date will be reduced by any time not in service between 1-1-77, and 7-1-85.


CAT 2A Status Code 45Must have been eligible for chapter 34 on or

before 12-31-89, and had remaining entitlement on that date.

If the claimant left active duty, she must have returned between 10-19-84, and 6-30-85, and served through 6-30-88.


CAT 2B Status Code 45Same as CAT 2A but must serve 2 years active

duty after 7-1-85, followed by 4 years in the Reserves.


CAT 2C• eligible for ch 34 on 10-19-84,• not on active duty 10-19-84,• returned to active duty after 10-19-84,• served 3 continuous years after 7-1-85.


CAT 2DSame as CAT 2C except for two years of active

duty after 7-1-85 followed by 4 years in the Selective Reserves.


Category 3

These people were released from service either voluntarily or involuntarily. This was done primarily in the Army and Navy, and should be annotated on the DD 214. Status codes 09, 10, and 11 are usually shown on the 30D screen.

The $1200 payment is not an eligibility criteria.


CAT 3A• Involuntarily separated.• Entered active duty before 9-30-90, or on or

after 11-30-93.• Elected and paid for MGIB just before

separation.• Involuntarily separation was after 2-2-92.• Non payment of the $1200 is not a bar to

eligibility.


CAT 3B• Voluntary separation.• Discharged on or after 1-23-92.• Separation was voluntary.• Elected MGIB just before separation.• Non payment of $1200 is not a bar to benefits.


CAT 3C • Voluntary separation.• Discharged between 12-5-91, and 10-22-92.• Separation is voluntary.• Separation must be under VSI or SSB.• Must elect prior to separation.(These claimants are now beyond their delimiting

date.)


Category 4

Chapter 32/30 ConversionsThese people were former VEAP claimants who

elected to roll over into MGIB during one of the open windows between 10-9-96, and 10-8-97, and between 11-1-00, and 10-31-01.

Payment into the MGIB program is an eligibility criteria for all Category 4 claimants.


CAT 4A• On active duty on 10-9-96.• Enrolled in VEAP and had funds remaining.• Elected during the 1996 open window.• Paid $1200.• Completed high school, GED, or equivalent.• Honorable discharge if before 10-9-97.


CAT 4B• Applies to National Guard.• Elected MGIB during the 1996 open window.• Paid $1200.• Must meet all requirements of CAT 1.


Cat 4C

Enrollment during the open window of 2000-01.Veterans• Participated in VEAP on or before 10-9-96;

account may be empty.• Served continuously 10-9-96, to at least 4-1-

00.• Elected during the 2000 open window.


• Must have graduated high school, got a GED, or completed 12 hours of college.

• Must have an Honorable discharge.• Must make a non refundable lump sum

payment of $2700 within 18 months of election.


4C

Active duty claimants• Same entry service information as veterans.• Should have enrolled through their ESO and

DFAS.• VA didn’t process elections for active duty

claimants.• The deadline for payment in this case was

May 2003.


Summary

• MGIB chapter 30 benefits are divided into four separate categories each with it’s own sub categories and eligibility criteria.

• Payment to DOD is not always an eligibility requirement.


• The honorable discharge requirement can be met with any continuous honorable period of service equal to the first obligated period of service.

• The eligibility period ends 10 years from the last discharge from active duty.


Chapter 1606 Benefits


What Is Chapter 1606?

MGIB Selected Reserve benefit also known as Chapter 1606 is for members of the Selected Reserve/National Guard who first entered service after June 30, 1985.


Who Determines Eligibility?

VA doesn’t make eligibility determinations for this benefit. VA only administers the program and pays the benefits.

The Department Homeland Security determines eligibility for the Coast Guard Reserves.

The Department of Defense determines eligibility for all other branches.


Eligibility

Individuals eligible for Chapter 1606:• Have signed a 6 year contract (officers must

sign an additional 6 year obligation).• Have completed initial active duty for training

(IADT).• Have a high school diploma, GED, or

equivalent before applying for benefits.• Are in good standing in an actively drilling

Reserve/Guard unit.


Active Guard Reserve

Some members of the Guard/Reserve may be eligible for Chapter 30 benefits.

These are primarily recruiters and administrators who are full time active duty.

These individuals must meet the eligibility criteria of Chapter 30 Category I.


How Do I Know If Someone Is Eligible?

When a member has completed IADT, she will receive a Notice of Basic Eligibility (NOBE).

Eligibility Date


Entitlement

Chapter 1606 individuals receive up to 36 months of full time benefits.

Claimants may receive up to 48 months of total benefits under any combination of veterans education programs.


If a member is discharged for a disability not due to willful misconduct, she will retain her original eligibility date and 14 year eligibility period.

If a member’s unit is deactivated, he will retain his original eligibility date and 14 year eligibility period.


Bars To Benefits

• Members are not eligible for Chapter 1606 benefits if they are receiving ROTC benefits under Section 2107 of Title 10.

• Members can’t use the same period toward eligibility in Chapter 1606, Chapter 30 and Chapter 33.

• A member who is listed as having Unsatisfactory Participation loses eligibility to Chapter 1606 benefits.


• If a member leaves the Reserves and doesn’t return within 1 year, benefits will end.

• A member receiving Federal Tuition Assistance who is enrolled for less than ½ time training can’t receive Chapter 1606 benefits.


Summary

• Chapter 1606 benefits are for members of the Guard and Reserves.

• Members may only use benefits while training with an active unit.

• Chapter 1606 members have no delimiting date as long as they are actively drilling.


Reserve Educational Assistance Program REAP


How is Eligibility Established?

The Department of Defense (DoD) and the Department of Homeland Security (DHS) are solely responsible for determining eligibility under the REAP program.


Eligible Service Branches• ARNG – Army National Guard• ANG – Air National Guard• USAR – Army Reserves• USNR – Navy Reserves• MCR – Marine Corps Reserve• AFR – Air Force Reserves• CGR – Coast Guard Reserves• AMIR – Army Individual Ready Reserves• NVIR – Navy Individual Ready Reserves• AFIR – Air Force Individual Ready Reserves• MCIR – Marine Corps Individual Ready Reserves


Eligibility Requirements

• On or after September 11, 2001, a service member of the ready reserve is eligible if:– Served on active duty in support of a

contingency operation for at least 90 days, or– Performed full-time National Guard duty for 90

consecutive days or more for the purpose of responding to a national emergency and supported by Federal funds

– Individuals are eligible as soon as they have served 90 consecutive days on active duty in a qualifying period of active duty.


Entitlement

• All persons eligible under REAP will have 36 months of entitlement regardless of how long they serve.

• They can’t receive more than 48 months of entitlement under any combination of veteran’s education programs.


Combination of Programs

• The reservist may be eligible for education benefits under more than one education program.

• The reservist MUST elect which benefit he/she wishes to receive. Education benefits can’t be paid until the reservist makes this election.

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Ending Date

• Unlike other education programs, REAP participants have NO specific ending date to use benefits as long as they continue to serve in the:– Selected Reserves and called to active duty while

serving in the Selected Reserves or IRR; or– Individual Ready Reserves (IRR) and called up

while in IRR

*They must return to an equal or higher serving status than before their call up to remain eligible.


Termination of REAP

• Benefits are terminated under REAP if the reservist:– Separates and fails to complete their service

contract after a call up; or– Separates and receives an other than honorable

discharge; or– Separates from the IRR, rather than the Selected

Reserves after a call up; or– Receives financial assistance under section 2107

(Senior ROTC Scholarship)


Summary• Topics Discussed:

– Eligibility Requirements for REAP• Determined by DoD

– Entitlement• 36 months but no more than 48 months under any

combination of veteran’s education programs– Termination of Benefits

• If claimant leave the reserves– Monthly Rates

• Determined by amount of active duty time served• Percentage of MGIB 3-year rate


Chapter 33The Post 9/11 GI Bill


Eligibility

• Individuals eligible for Ch33 must have served on active duty after 09/10/01 for:– At least 90 aggregate days (excluding entry

level and skills training)– At least 30 continuous days if discharged for

a service-connected disability– Active duty members are eligible on the 90th

day after completion of entry level training

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Qualifying Title 10 Service

Title 10 qualifies if under one of the following sections:

• 101(21)(A) – for voluntary enlistments in regular components.

• 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 – for call-ups in the Reserve/Guard

• Section 672(d), if service is on or after 9-11-01 (Section 12301(d) was formerly 672(d).

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Qualifying Title 32 Service

Title 32 qualifies if:• Under section 502(f) in response to a national

emergency; or• For the purpose of organizing, administering,

recruiting, instruction, or training the National Guard.

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Eligibility

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LENGTH OF CREDITABLE SERVICE PERCENTAGE PAYABLE

At least 36 months1 1095 days 100

At least 30 continuous days (must be discharged due to service-connected disability)

100

At least 30 months, but less than 36 months1 910 – 1094 days 90





At least 90 days, but less than 6 months2 90 – 179 days 40

1Includes entry level and skill training.

2Excludes entry level and skill training.

3If the service requirements are met at both the 80 and 70 percentage level,

the maximum percentage of 70 must be applied to amounts payable.


EligibilityIn order to retain eligibility after meeting the service

requirements, an individual must:• Continue on active duty; or• Be honorably discharged; or• For not Honorable periods of service (Other than

honorable and dishonorable are still disqualifying) with RADs prior to Jan 4, 2011, be discharged for– Injury Existing Prior to Service (EPTS)– Hardship (HDSHP), or– Condition Interfered with Duty (CIWD)

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Eligibility

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If a veteran does not have an honorable discharge but reenlisted prior to their final non-honorable discharge• The period from their enlistment date up to their

reenlistment date is considered honorable• The period prior to the reenlistment must be at least

90 days• The veterans benefit level will be based on the

honorable period prior to the enlistment but their delimiting date will be based on their final RAD

• Extensions of enlistment are not the same since no discharge was involved


Delimiting Date

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A TOE Spouse’s Delimiting Date is the earlier of:• The veteran’s delimiting date• The “transfer end date” reflected in VISr• The date unused entitlement is revoked

A TOE Child’s Delimiting Date is the earlier of:• The child’s 26th birthday• The “transfer end date” reflected in VISr• The date unused entitlement is revoked

A FRY child’s Delimiting Date is their 33rd birthday


Entitlement• For Individuals whose service begins prior

to 8-1-11 and who:– have used Ch30– are still eligible for Ch30– and have entitlement remaining under

Ch30 – and wish to relinquish Ch30 for Ch33They will receive entitlement equal to their remaining Ch30 entitlement.

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Entitlement

• An individual who exhausts Ch30 prior to electing Ch33 may receive up to 12 months of additional benefits.**

• Ch30 entitlement must be exhausted prior to the effective date of the election.

• Individuals with future election dates may be impacted by a change in enrollment.

**As of 8-1-11, a period of service may be used to establish eligibility for only one benefit. Any service with an EOD of 8-1-11 or after may only be used for entitlement under one benefit. If this service is used for Ch30, it will not be eligible for 12 additional months of entitlement under Ch33.

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Entitlement• Individuals with service that begins prior to 8-

1-11 are only limited to their remaining Ch30 entitlement if they have used entitlement.

• Individuals who have not used entitlement may receive up to 36 months under Ch33.

• Individuals with service that begins after 8-1-11 may elect to use service under to use one period of service under only one benefit and will be entitled to 36 months under that benefit.

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TRANSFER OF ENTITLEMENT (TOE)

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Transfer of Entitlement

• Only Service Departments under the direction of the Secretary of Defense, Secretaries of the Army, Navy, Air Force or the Secretary of Homeland Security can authorize Transfer of Entitlement (TOE)

• PHS/NOAA became eligible for TOE on8-1-11

• 48 month rule does not apply to benefits received under TOE

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• To be approved to transfer, member must:– Be in the Armed Forces on 08/01/09 or after, and– Have completed 6 years in the Armed Forces, and – Agreed to serve 4 more years

• DOD/DHS has final rules to address situations when individuals cannot (by military rules or retirement) serve 4 more years

• Remember basic rule: VA does not make eligibility decisions for TOE, DOD does.

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• An individual approved to transfer benefits may:– Transfer up to 36 months of benefits– Transfer to spouse, children or both in any amount

transferor has available– Revoke or modify a transfer request of any unused

benefits unless the transferor’s 15-year eligibility period has ended

– Not transfer benefits to a new dependent once the transferor is no longer a member of the Armed Forces (Active Duty or Reserve)

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Spouses:• Can use the benefit immediately after transferred• Are paid at the transferor’s rate

– Cannot be paid monthly housing if the transferor is on active duty while spouse is receiving benefits

• Can continue to use benefits if divorced, unless the transferor revokes remaining entitlement

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Children:• Must have reached age 18 or completed

requirements for a secondary school diploma (or equivalency certificate) to begin using entitlement

• Receive the veterans rate, including housing, even if the transferor is on active duty

• May continue to use benefits after marriage• Cannot use the benefit until the veteran has served

10 years

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Chapter 35 BenefitsSurvivors and Dependents

Education Assistance Program


What Is Chapter 35?

Chapter 35 is a VA benefit that provides educational assistance to dependents (spouses and children) of a veteran who:

• Is permanently and totally disabled resulting from a service connected disability.

• Died while rated Permanent and Total (P&T) due to a Service-Connected (SC) disability.


Or...

• Died as a result of a SC disability.• Died on active duty.• Have been hospitalized and it is likely that the

veteran will receive a permanent and total service-connected VA rating upon release from the hospital.

• Is listed as Missing in Action (MIA) or as a Prisoner of War (POW) for 90 days or more (benefits end upon release).


Who Qualifies for Chapter 35?

• Spouses and surviving spouses; Children, adopted children, and stepchildren may be eligible for benefits.

• If any of these dependents enter active duty in the military, their chapter 35 benefits are suspended.

• Dependents can receive chapter 35 and be on Active Duty Training (ACDUTRA) for Guard/Reserves.


• Children can’t receive DIC (Dependency and Indemnity Compensation) and Chapter 35 concurrently. Spouses can receive both benefits.

• If the veteran is alive, and the child receives Ch35, the child is removed from the parent’s disability check (spouses can remain on the veteran’s check).

• Children are typically eligible between the ages of 18 and 26.


Entitlement

All dependents have 45 months of Ch 35 entitlement. There are no extensions

granted.Only those granted restoration of entitlement

could go beyond 45 months of Ch 35. Those also eligible for veteran-related benefits

may be allowed a combination of Ch35 and veteran-related benefits up to 81 months.


Summary

• Chapter 35 is a VA educational benefit for dependents of veterans who are either P&T or deceased due to SC disability reasons, or held as a POW or were listed as MIA.

• Spouses, surviving spouses, children, stepchildren, and adopted children may qualify.


• All have 45 months of entitlement. Spouses get 10 years to use their benefits, children get 8 years to use theirs and surviving spouses of veterans killed while on active duty have 20 years to use benefits.


General RatesAs of 10/01/14

• - CH30(3yr) = $1,717.00• - CH30(2yr) = $1,395.00• - 1606 = $367.00• - CH35 = $1,018.00• - 1607 = 40% = $686.80

60% = $1,030.2080% = $1,373.60


Our Veterans Deserve A Hand

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veterans benefits administration who’s eligible for what benefit?

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