Student Loan Repayment Programs and the Post 9/11 G.I. Bill

carnelli53

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This post has been edited: since 2009, the DVA has clarified that time spent satisfying a SLRP obligation does not count towards Post-9/11 G.I. Bill eligibility/entitlement.

For example: service member enlists under Army SLRP with a 3-year obligation; service-member is medically separated/retired prior to completing the 3-year SLRP obligation; the member's period of service does not count towards Post-9/11 G.I. Bill eligibility (for lack of qualifying service/prohibition on "double-dipping). For more, see Chapter 33 of Title 38, United States Code.
 

nlaw37

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PEB Forum Veteran
Carnelli - once again thanks for your research; eases my mind a little more. Much appreciated!:D
 

eseastrand

PEB Forum Regular Member
I had a question along those lines too, I was wondering, with the new bill you can transfer months/money to dependents, as long as you have 6yrs with another four year commitiment. I was wonder if works if you are medically seperated?
 

nlaw37

PEB Forum Regular Member
PEB Forum Veteran
eseastrand - I do not see that being a course of action that would be authorized unless you were in that four year stretch (heading towards a total of 10 years). You know what I mean? You know how the military is. LOL! I can't see that happening (and this is just what I have been briefed on and so on) unless you were in that second term. Maybe Carnelli has some insight on this too since he has done some real good homework on this.
 

nlaw37

PEB Forum Regular Member
PEB Forum Veteran
GI Bill Home - (U.S. Department of Veterans Affairs)

Here is a GREAT link for the GI Bill and its benefits of transferring and so on. Carnelli gave me this site earlier in the week because I ran into problems with my education center having me sign a paper stating that I would only receive a portion of the GI Bill because I have not served over 36 months. I was royally ticked because I did not ask to get injured and then MEB'd. You know? So I have been researching this site and looking into this information - good luck to all. So check it out! Carnelli's a good egg....thanks!:D
 

eseastrand

PEB Forum Regular Member
I agree that it probably wont fly transfering without being in the four year commitment, i checked out that web site, didn't mention anything about medical discharge, guess i gotta talk to a VA rep, still holding out hope for the long shot though....
 

carnelli53

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eseastrand,

While the language is again confusing, the criteria is clear for transferability -

On or after 1 August 2009 -

If one has 6 years of service and agrees to another 4 years of service (there is no criteria for satisfying this 4 years of service, agreeing to it is the stipulation),

or

if one has at least 10 years of service - and is precluded from an additional 4 years of service as a result of service-specific or DOD policies and/or regulations (i.e. Retention Standards),

then they are eligible to transfer the benefits of their G.I. Bill to a qualifying dependent.

I should point out the time-limit difference between spouses and children. Children have a long window to use the GI benefits, the criteria being that they have until the age of 26 to utilize the Post 9/11 GI Bill. Spouses have 15 years from the Veteran's date of separation/retirement to utilize the benefit.

Thus, it seems as long as you have agreed to an additional 4 years and have already served 6, your benefits are transferable to a dependent.

Either way, the only sure way to find out is by applying to the VA for transferability and if denied - appeal immediately.
 

winso56

PEB Forum Regular Member
I was wondering who do I appeal to?,I was medically retired on July 21, 2009 and I have 20 plus years Winso56
 

carnelli53

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Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or
I believe you would fall under this criterion for a few reasons:

1) You have more than 10 years of service
2) You are prevented by policy/statute from committing to an additional 4 years
3) By serving the up to your medical retirement, I believe it is implied that you are agreeing to serve the maximum amount of time allowed by statute/policy (i.e. regulations concerning the outprocessing and discharge of servicemembers found unfit for service by their branch's PEB).

Have you already filed for transferability?

Remember, when you file anything with the VA - supply all supporting documents (disability award letter from DoD/VA, medical retirement orders, DD214, spouse's information, DEERS/dependent information) and anything else you can possibly think the VA would need to substantiate your claim for benefits transferability.

This is a good resource from the VA regarding transferability:

http://www.gibill.va.gov/GI_Bill_Info/CH33/Transfer.htm
 

winso56

PEB Forum Regular Member
First I want to say thank-you, Yes, I applied to transfer educational benefits, I applied on the TEB site and was denied, so where do I appeal this?( sorry it it took a while to answer) Winso56
 

carnelli53

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The correct action would be to file an appeal at your VA Regional Education Office (each region of the United States is assigned a Regional Office, this was probably the office that denied your initial claim).

To initiate a claim, you will need to send a 'Notice of Disagreement' to the Regional Office (you have one year from the date of denial to do this) stating that you disagree with their denial to transfer Post 9/11 GI Benefits. They will re-consider and grant your claim or send a VA Form 9 detailing their rationale for denial.

But the first step is the Notice of Disagreement, I recommend filing it immediately stating something to the effect that you have over 10 years of service and were medically retired, therefore meet all the criteria for transferability to dependents.

EDIT: The Education Regional Office is sometimes different from the Comp and Pen Regional Office, get on the Federal VA website and determine what office is responsible for education benefits in your region - I can tell you for New York State and New England it is the Buffalo Office.
 

winso56

PEB Forum Regular Member
Thanks again Carnelli53, as soon as I saw your answer I put all the paper work that I thought was need and it is ready to be mailed tomorrow. I never poster before, but I read this site faithfully even though my PEB is done, if was not for this site I think I would have spent a many sleepless nights, I tell every body I know about this site. I will post to let you know what happen. thanks again Winso56
 

carnelli53

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No problem winso56 and please let us know what comes of your appeal.

There is no case law or specific guidance in the statute regarding medical separations and retirement. Thus by appealing this initial denial you are essentially forcing the VA to, in laymen terms, 'make up their mind' about how medical discharge cases are going to work with transferability.

If your case is approved for transferability, then the criteria is clear and you have helped future Veterans that may be in a similar circumstance as you. Good luck with you appeal!
 

b72treadwell

PEB Forum Regular Member
PEB Forum Veteran
Hello Carnelli and all,

I don't know what all the rules are on this, but I can tell you that I was on the SLRP program, completed 2 1/2 years of active duty, was medically retired, PDRL with 50% and when I filled out the application for the GI Bill I was denied and told I did not qualify for anything at all....0, zilch, nothing. So, if this is not correct, I would appreciate any information I could send in with an appeal letter, because besides getting screwed by every other government agency that is supposed to help injured/disabled soldiers, I am now also not able to get any education benefits. They said I could appeal it if I disagreed, so if anyone knows if this is not correct, I would greatly appreciate any information available on the subject. Thanks
 

Jason Perry

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Based on the facts you gave, they are wrong and you are entitled to your education benefits. You must appeal to take this to the next step.

I don't want to paint this as a scheme or "trick" played by the system, but as a general statement, in almost all interactions with the government, you have to ask for something before it will be granted. If they deny, and you do not appeal, then you will lose.

Appeal. You have nothing to lose and everything to gain.
 

carnelli53

Moderator
PEB Forum Veteran
Registered Member
treadwell,

As Jason stated, you need to do exactly what winso56 did in relation to transferability - you must file a Notice of Disagreement immediately. You should go ahead and cite the fact that if anyone has served more than 30 continuous days of active duty and is discharged due to a service-connected disability they are supposed to receive 100% of the benefits.

I take my case as the precedent 'case law' on this matter, I too was on the SLRP for the same time period as you - was put on the TDRL at 60% - and after making the VA aware of the little rule I mentioned above received 100% eligibility. Clearly, you are entitled to the same benefit - so appeal a.s.a.p.! Good luck!
 

CSM493

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PEB Forum Veteran
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I applied and was approved for the Post 9/11 GI Bill at the 60% rate. I appealed due to combat-connected disability and was told I would now be approved for the 100% rate. So all is good? Not so fast...

I have multiple degrees and no current intention of returning to school and wanted to transfer my benefits to dependents. But the transfer program was not effective until August 1, and I was medically retired on July 2. As far as I can tell, there are no retroactive provisions for the transfer of benefits.

As usual, I reached into a bowl of plums and pulled out a prune!

CSM
 

b72treadwell

PEB Forum Regular Member
PEB Forum Veteran
Thank you Jason and thank you Carnelli for getting back with me on this matter. I will go ahead and appeal as you both have suggested and see what happens. Thanks again.
 

Hearty

Member
Registered Member
I think I am confused ... So if I enlisted for 3 yrs. I served 2 yrs and am now being MEB seperated ... and when I enlisted I got SLRP, am I eligable for the gi bill?
 
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