Posted on Apr 20, 2016
How many months of schooling can an individual get from VA (under this scenario)?
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Hypothetical situation: Let's say a dependent uses the Dependent Education Assistance program (Ch 35), then transferred Post 9/11 GI Bill (Ch 33). Then, they enlist in the National Guard (making them eligible for Ch 1606). After a few months of using that, they get deployed (entitling them to their own post 9/11 G.I. Bill). While deployed, they are injured and medically separated. They apply for and are accepted to use Vocational Rehabilitation and Employment Services (Ch 31).
How many months of schooling can this individual actually get from VA?
How many months of schooling can this individual actually get from VA?
Posted >1 y ago
Responses: 8
"Limit on training under two or more programs. The aggregate period for which any person may receive assistance under two or more [educational programs] may not exceed 48 months"
38 C.F.R. § 21.4020.
48 months is the limit whether based upon your service or the service of another. However, VocRehab does have an exception to this rule. Also, I would wager the VA likely does not track this carefully enough that it would be impossible for someone to exceed the limit based upon usage of someone's benefit. In this case though you would likely be liable to the VA for over payment.
38 C.F.R. § 21.4020.
48 months is the limit whether based upon your service or the service of another. However, VocRehab does have an exception to this rule. Also, I would wager the VA likely does not track this carefully enough that it would be impossible for someone to exceed the limit based upon usage of someone's benefit. In this case though you would likely be liable to the VA for over payment.
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SGT Dave Brimmer, MS, MPA
I like a guy who can cite the regs! My one comment is that Voc. Rehab. isn't an education entitlement. It does *technically* draw from the same "big clock in the sky," but I think that's only to put a limit on folks who think they can abuse the system and draw a paycheck (so to speak) from Uncle Sam's generosity for a large number of years. There are (somewhat generously applied) waivers to the 48-month cap that can be given in order to rehabilitate a veteran fully.
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SPC Paul Jennings, J.D.
SGT Dave Brimmer, MS, MPA - Voc Rehab falls under the same statute. It is an entitlement in the legal sense, but it is not automatically granted like other benefits. It is exempt from the 48 month limitation only because it is statutorily authorized to award benefits in excess of this limit. The reason for this is that Voc Rehab is not meant for strictly education, it is meant to make a veteran employable, thus, the period of time required may exceed the normal benefit window.
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SGT Dave Brimmer, MS, MPA
Correct. I only say that it's not an education entitlement so folks who aren't as familiar with these benefits learn to make a distinction between GI Bill-type programs and "all others." You get a lot more bang for your buck using Voc Rehab but, then again, not everyone who earns a GI Bill is eligible. Thanks for posting the info!
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It's really all situational and depends a lot. I am using Voc Rehab right now which will take me to my B.S. I couldn't talk my VA counselor into letting me go further than that (Yaay VA). However, I will still have a year and half of post 9/11 after I finish my B.S. which I will be able to use for graduate school. You should also look at state benefits, there are some really nice ones out there. And then you just need to piece the puzzle together to maximize the amount of time covered by the different benefits. Of course, if said dependent is only interested in an undergraduate degree then it's kind of a moot point.
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SGT Dave Brimmer, MS, MPA
Now, here's a man who knows how to maximize his benefits. Some states (Texas and Florida come to mind) do a lot more than others but, most have something to help ease the pain. Thanks for chiming in SSG K!
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SSG Jeremy Kohlwes
I am actually interning in a Texas senate office right now and my chief of staff had me researching Veterans benefits by state. I have a whole spreadsheet for education benefits.
This was my primary source, http://myarmybenefits.us.army.mil/Home/Benefit_Library/State__Territory_Benefits.html
This was my primary source, http://myarmybenefits.us.army.mil/Home/Benefit_Library/State__Territory_Benefits.html
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Well, I'm glad to see that folks are on the right track. This is a tricky situation and the ultimate answer is... it depends. (boooooo, right?) Let's figure out the education bene's (pronounced benny's) first. Chapter 35 gives you 45 months maximum. Transferred Chapter 33 gives you up to 36 months. We're at that 81 month cap now. Chapter 1606 is technically different because your eligibility depends on your status as a reservist. You can ride that gravy train until the wheels fall off or you get deployed, which is what happened in our hypothetical. After the 12 month deployment, our soldier returns home and is qualified for (for the sake of argument) 50% of his/her Post 9/11 GI Bill. Here's where it starts getting a little mucky. I've seen this go both ways. Since our soldier has already "capped out" at 81 months, they should not be entitled to any more VA-administered education entitlements. In some cases (maybe human error?), "the system" doesn't pick up on that and they gain entitlement using their own Post 9/11GI Bill. Again, 36 months. So, if the stars align and the moon is in retrophase, I've seen people have and use up to 117 months of education entitlements, two people in fact. Now, the last part is Chapter 31. SGT's Pfeil and Groth are right. Voc. Rehab. is NOT an education entitlement. It's a vocational entitlement (benefit, technically). Going to college to learn a new trade is just one of the five paths that a person using Voc. Rehab. can take. Now, SGT Pfeil hit the nail on the head. The VR&E counselors have a mandate to get you to the minimum level of employability (among other things) for a job that fits your interests, aptitudes, and abilities. If, let's say, that job happens to be a professional counselor, you are going to need a Master's degree to do that profession. **CAUTION** That does not mean you can walk in and get a graduate level degree without any other training. If you already have a Bachelor's degree in a complimentary field, you are way more likely to prove your case. Remember, these folks work with budgets just like everyone else does. So, to wrap this up...you can technically stay in Voc. Rehab. until you are rehabilitated or deemed unable to be rehabilitated. I've known some folks to "play the system" and hang out in there for years. You don't want to be that guy/gal, though.
The bottom line is to know what you are eligible for and how those benefits interact with each other. It's all laid out in the CFR's, which we all have access too as citizens. Do your research and then use your benefits!
The bottom line is to know what you are eligible for and how those benefits interact with each other. It's all laid out in the CFR's, which we all have access too as citizens. Do your research and then use your benefits!
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SGT Dave Brimmer, MS, MPA
Nope. The deciding factor is that you have a service-connected disability that, in some way, hinders your ability to work. The program is designed to get you employed again.
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