Get It In Writing

By Terry Howell

Get it in writing – a sound piece of advice for any deal. But maybe not something you would normally associate with getting advice or information from the VA.  However, that is exactly what a veteran's program administrator recent told me, "make sure to tell veterans to keep a written record of their interactions with the Department of Veterans Affairs."

Why? The new Post-9/11 GI Bill is very confusing, not just to you, but to nearly everyone involved with the process; from school certifying officials to the VA phone representatives themselves. Everyday some new piece of information about the process trickles out and not everyone gets the word. This can result in you, the veteran, making decisions based on incorrect information and possibly missing out on the benefits you deserve.

So my advice is to keep a record of every interaction you have with the VA. Write down the time, date, and name of the person you spoke to, in addition to details of your question and the answer they provided. The point here isn’t to document everything so you can “fight the VA.” The point is to help you and the VA if it turns out you made a poor choice between GI Bill benefit programs based on incorrect information.

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Making an Appeal - If you find that you were given incorrect information which caused you to miss out on the full benefit of your GI Bill you may have grounds to request to switch programs or recover lost benefits by seeking “equitable relief.”

Equitable relief is a type of appeal you can make when you have been misinformed by VA staff. In years past, VA would get somewhere around 10 such appeals a year for education related benefits.  Only a few cases involved situations where a counselor gave veterans inaccurate information which caused them to be denied benefits.  Due to the confusion over the new GI Bill, this number will likely increase in the coming years. The equitable relief process requires documentation to support your claim. According to the VA, veterans seldom have the required documentation needed to substantiate their claims resulting in their appeals being denied.
 
Insider Advice - If you are going to seek equitable relief, have the name, title, and date you spoke to a VA counselor.  Since all VA phone representatives use an alias, for privacy reasons, submitting your questions online and keeping a printed record of the answers is a great way to ensure you have the required paper trail in case you later find that you were given inaccurate or misleading information. You can use the VA’s online Question and Answer section to ask questions and get documented answers.

Your GI Bill benefit choice is irrevocable. If you base your decision on what turns out to be incorrect (VA provided) information, you may have a legal claim to switch programs. If you don’t take the time to document your interaction with the VA you may lose your appeal before you even get started.

For all you "policy wonks," you can download the official copy of the Regulatory Citation which covers Equitable Relief.

Comments

[matt methot]

I came in the military in Aug 81 and retired in Nov 03. I would like to know if theres a number to call or an e-mail address to find out if i can still use my GIBill, thank you, matt

[robin hirsch]

In answer to bradley's question it only covers a certain amount of money a year which probably wont cover fall spring and summer, make sure you check on this.

[Brothmark]

WOW the VEAP guys who are now retiring are screwed yet again!!!

[Chris Petite]

Why is it that I serve 2 tours in Iraq and 8 years in the reserve and am only entitled to a certain percentage of GI bill Funding? On the other hand a person who has no combat record and did 4 years of active duty get more and better benefits than myself or the fellow Marines, Sailors, Soldiers and Airmen who sacrificed their lives and careers in order to serve our country? As usual the reserve gets the sort end of the stick, and the reserve has no voice.
Sgt Petite
USMC(R)

[Gayle Coston]

Is it true that AGR soldiers that have Acive Federal Service time for retirement is not eligible for the Post 9/11 GI Bill. This is very bias and it is sending a very strong signal to the Reserve community about their service to the country. All the Active Duty soldiers were not deployed but are still eligible for the benefit. Whether Active Guard Reserve or Active Duty missions were the same and the possibility was there for both.

[Scott]

Most of the time it is impossible to get enough classes in a semester to satisfy the >50% enrollment requirement to maintain full time status. Small campuses just do not offer enough classes in one degree area to meet this. VA tells me ALL of your classes HAVE to be part of a degree plan and you can not take filler classes to meet the >50% rule. This is crazy. So if you need 7 credits to be over half time and your school only offer 2 classes for 6 credits in your degree plan you are just out of luck and do not pay the rent that month.

[Paul]

Terry,

Do you know of a document that can be found online which details out the process for the Post 911 GI Bill? I know that that the school is paid tuition directly. I know that the school sends the VA something to validate classes/load. I know we must send a completed 1990 form to the VA. I know I can expect something back from the VA after sending the 1990 form. I know all this from bits and pieces from various sources. But, can I read step-by-steop process details anywhere to be informed and prepared? I'm all set for freshman classes for fall 2009, but in the back of my mind I worry that all blocks could not get checked in time to begin.

[Bradley Smith]

What's the word on seamless coverage between semesters? The VA cut off my wife's benefits after the end of the fall semester and through the beginning of the spring semester, leaving a gap of well over a month. Kind of stupid, no? So as I get ready to use my post-9/11 starting mid-way through the fall 2009 semester, am I basically going to experience the same thing? No BAH benefits from the end of the fall semester (Dec. 12th through Jan. 11th)? How about the nine days between the spring and summer semesters? The month between the summer and fall semesters? Seems to me that would be kind of silly, since bills don't stop during that time, and it's usually very difficult to make up that money with extra hours or a part-time job.

Another big concern: at my law school, 13+ credit hours constitutes full-time status. But in the summer, there's almost no way one could take the 7+ (>50%, needed to qualify for BAH stipend) credits. So is there again a loophole that fails the common sense test?

[James McAuley]

If you get through to an educational case manager please remember to wirte down there name and when you called. As Keith Wilson stated during one of his hearings 500 new people will be hired and I know for the St Louis RPO an additional 100 people were hired and if they are green they might not always be correct in the responses they give. Out here in MN we have 12 regional coordinators that are on the campuses working with them to ensure the students are getting correct and timely information on their educational benefits. Check it out at www.mymilitaryeducation.org

[Terry Howell]

Be sure to use the VA Q&A section at www.GIBILL.va.gov or call 1-888-GIBILL-1 to speak to the VA. They are the only OFFICIAL source for information on your personal and specific benefits.