Maybe someone here can help me with this question. My spouse is 100% unemployability and receives SSDI. I am 30% rated. We have son who will be 18 while still in high school and another who already graduated HS and is going to college now.
The older son does receive Ch35 for the college thru dad and will be getting the retro for HS (paperwork for the HS approval is underway).
The younger son will be receiving the Ch35 once he turns 18. The school approval paperwork should be done by then. He also gets this thru dad.
HERE is my big question. These education benefits are all thru dad. He no longer will get the little extra in his disability payment for them as dependents because the kids get the ch35 instead. This is cool. BUT, am I still able to include them as dependents for my disability payment? Does the VA look it up using the kids SS# or do they just look at my info? What is the correct paperwork if this is able to be done?
I try discussing this with the reg VA guys but none of them even understand what I am talking about and they have me filling out the wrong claim forms and then tell me something different!!!Urg!
Any help with this would be hugely appreciated!
Thanks all.

You should lose them after HS, or 19yo, if still in HS. If you continue to receive, for them, after 18yo you could face recovery of those payments by VA.

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[quote name='lnovell' date='Nov 16 2008, 01:33 PM' post='114406']
Maybe someone here can help me with this question. My spouse is 100% unemployability and receives SSDI. I am 30% rated. We have son who will be 18 while still in high school and another who already graduated HS and is going to college now.
The older son does receive Ch35 for the college thru dad and will be getting the retro for HS (paperwork for the HS approval is underway).
The younger son will be receiving the Ch35 once he turns 18. The school approval paperwork should be done by then. He also gets this thru dad.
HERE is my big question. These education benefits are all thru dad. He no longer will get the little extra in his disability payment for them as dependents because the kids get the ch35 instead. This is cool. BUT, am I still able to include them as dependents for my disability payment? Does the VA look it up using the kids SS# or do they just look at my info? What is the correct paperwork if this is able to be done?
I try discussing this with the reg VA guys but none of them even understand what I am talking about and they have me filling out the wrong claim forms and then tell me something different!!!Urg!
Any help with this would be hugely appreciated!
Thanks all.
[/quote]

Sorry, maybe I need to clarify the question. Will I still be able to claim my son (as a student)under my own 30% disabliity entitlement? even tho he is receiving ch 35 under dads tdiu. I don't think my entitlement and dad's entitlement should have any bearing on each other.
He has been considered as a dependent for us both under our dis compensation up to this point.

[quote name='lnovell' date='Nov 16 2008, 10:27 PM' post='114478']
Sorry, maybe I need to clarify the question. Will I still be able to claim my son (as a student)under my own 30% disabliity entitlement? even tho he is receiving ch 35 under dads tdiu. I don't think my entitlement and dad's entitlement should have any bearing on each other.
He has been considered as a dependent for us both under our dis compensation up to this point.
[/quote]

Although I have not run into this before, I think if you will search the regs you will find that once a child begins to receive their own check (Ch 35) no one can claim them as a dependent. And as Phillip stated you will probably have to repay any dependent amount that you have received. Just check it out and be careful.

Nope you can only collect on one.