Can the age limit for VA dependent education benefits be waived?

I follow those specific aspects obviously make perfect sense of course though the dependent being on active duty for more time hadn't occurred to me when I framed the question. Having said that, that circumstance doesn't apply in the case I'd poses, unfortunately. However, being as you'd said what you had, we were just wondering, even though those limitations are clearly statutory, is there any conceivable basis for appeal, if the stepson, as I'd mentioned, is the only one who could conceivably benefit? Or, is the matter totally hopeless and not worth even trying to petition? Wed just been wondering about that aspect, supposing that the benefit window would only have started less than a year ago before becoming available to begin with, so far as you might possibly be able to give us any further thoughts, whenever might be at all convenient, were not expecting miracles, please do realize that, certainly, many thanks.

Unfortunately, it would be a waste of your time. I've not seen any approved, and doubt that there will be. I'm not sure which state you are in, but you could see if there are any state benefits available. Most of those are modeled after the federal system when they even have something in place.

I appreciate it, I'm afraid he just doesn't want to use any of it...I wouldn't mind transferring it to his girlfriend's kids if they ever get married, obviously, though in asking about the whole thing, I gather the rules on what's allowed are pretty tight, I've been told...I did see what you'd said about your circumstances, and, given what I'd been told, I can only suggest stuff, however, obviously, I have zero clue how much use it'd actually be to you, of course, unfortunately, you know? You could ask your Dad if he could write all three Congress members wherever he is for their help, given that he's 100% VA, for any kind of endorsement to VA, of course. Now, knowing as much as I do at this point about the realities of VA, doubtless, any such request would have to be written up as a claim, it'd need to go to the regional ofc (VARO) nearest your Dad, then, it'd likely be denied, you'd have to file a notice of disagreement (NOD), then there'd be a decision-review officer (DRO) hearing/review, either in writing, or preferably, I think, in person, that'd also likely be denied, I'd expect, you'd need to do another NOD, then submit it to the Board of Veterans Appeals (BVA). The BVA you'd need an attorney for, you could try a vet group, however, all vet groups, while good, have law groups they do stuff with, that I've checked, they all have law firms for such appeals, I know that for a fact. That being said, you could also try NOVA, http://www.vetadvocates.org, the best of the private groups, as well as any law-school vet-law clinic near you, however, they don't always take all cases presented, the law students are supervised by law faculty, and it's always their call, always by committee, for the most part, rarely if ever singly as to a decision. When we did my whole thing, we got pro-bono help from a law group, as the NOVA guy we went to, while experienced, knew my whole thing was a virtual nightmare, so he asked a major law group he knew to allow us pro-bono help from two of their partners, which was quite literally a gift from God, and believe me, there's only so much water one can seek to draw from such a well, I assure you, been there, done that (BTDT), though they're part of why my wife and I are now quite convinced there's a very real reason God invented attorneys, obviously. The BVA does stuff sevl ways, in writing, video to the whole BVA assembled, and, the best, the way we did it, by traveling team to the VAO nearest your Dad, or wherever you could ask for a hearing before a veteran law judge (VLJ), basically an administrative-law jude (ALJ). Even then, just getting in to see one took us a whole year, then waiting for an answer took another year, then I'd been given 50%, then we had to appeal to the VARO again, waiting another year to get to 100%, so over all, my whole thing took six and half years, now, I'm not telling you yours would need that long, and, after that, there's the Court of Appeals of Veteran Claims (CAVC), which does actually have some level of mediation, though the BVA doesn't, a Federal district court in DC. Above that is the Circuit Court of Appeals for DC, I think, then, the Supreme Court. There are BVA search engines, I'll try to find you the link, where you could try for a keyword search to see if you could find any favorable decisions, however, trust me, BVA is most definitely NOT amateur night, honest, so, the best way, IF you're gonna try, would be to do the whole Congress thing, fill out their Privacy Act (PA) requests, they can't and won't speak with you till you do, and even then, they can only ask for what's going on, they have zero decision power, if you do the NODs, be sure to ALWAYS document all such stuff with all three Congress offices, ALWAYS, honest, and ALWAYS save ALL your papers, get all your Dad's records from NPRC in St. Louis on eVetRecs website, admin and clinical, all his VA stuff, from all hospitals, all his educ benefit stuff, as well, OK? Then, find a NOVA attorney near you on their search engine or call their main office, preferably one with prior active-duty time, our guy after our initial try with a vet group had 3 yrs in, and had done VA law for 35-40 yrs, so we obviously lucked out big time, he REALLY knew what he was doing, honest. Pay them whatever retainer they need, all the NOVA attorneys are highly qualified, even if nonprior, and then sit back, fill out what they say, get what they want, and do exactly what they tell you, OK? I hope all that is of at least some good...you can also try calling the VA Central Ofc. staff, educ stuff would be under the Vet Benefits Admin (VBA), they do actually pick up, you can speak with them, however, it takes some time to know how to reach the right staff, so, if you're unsure how, let the Congress staffs do it, generally, stuff like that is handled by House staff who do vet/mil stuff in local ofcs, don't bother calling DC ofcs for the most part, they only do policy stuff, indiv case stuff is pretty much always at a local level. Whether you'd have any luck or not, honest, I don't know...you could ask for an exception, however, if something is statutory, often, it's pretty cut and dry, at least from what I've anecdotally seen. Believe me, Perry Mason I'm not, nor would I ever want to be, I know my limits, and stay well inside them, that's why, honest, go to NOVA, find someone near you and/or your Dad, and get a candid, honest opinion, it'll be well worth the cost of a retainer, as Lincoln said, all a lawyer can sell are their minds, and their advice, or words to that effect, you know? I'd be most eager to know your thoughts, and/or to hear more, it was an interesting question, to be sure, honest, just ask if you wanna yak more anytime, OK?

I follow, others have told me, and we've had me ask, that, evidently, there is only one statutorily existing exception presently, that if the dependent other I think than spouse, is on active duty, or was, some provision apparently exists to allow an exception up to 31 y/o. Now, having said that, we lucked out and we had me speak with someone with whom I had a fairly interesting discussion about the whole topic. What was poimted out to me was that, apparently, the statute for such dependent educ benefits was, I was told, drafter in the 50s, some 60 6s ago, during a period when the prevailing norms and mores typically did not consider going for an6 sort of undergrad or grad beyond that stereotypical normative age range. Thus, the discussion then turned to how to get such a hard and fast, and, to at least my mind, certainly, anachronistic standard changed statutorily was discussed considerably further. Both my wife and myself would by all means welcome any and or all possible help in that regard, should you possibly care to discuss the whole topic further. Our view is, if we were approved for the benefit, then we ought, we think to have the fundamental right to appeal for any possible reinterpretation of the present statute either administratively, or by asking for congressional help, rather than seeing part and or all of the benefit go to waste due purely to what is, at least to us, quite clearly, an outdated, outmoded, and inherently anachronistic rule promulgated six decades ago, for a then entirely different society, functioning according to entirely different sociologic and or socioeconomic dogma. Thus, if you might possibly care to send a link request, which we thought might be best from you, perhaps, rather than us, so we might perhaps be able to exchange emails through the site and or also later on possibly care to speak verbally by phone, we would, by all !means, most certainly, welcome both your insights and or any possible assistance, whenever might possibly be convenient, we appreciate your having taken the time to answer, and would obviously look forward most eagerly to hearing from you further, if at all possible, at any time, !any very real thanks in the meanwhile from both of us, of course.

We saw and follow my wife and I those aspects some of them at least others on here explained, we've been asking about it, if we get anywhere we'll obviously try to let both you as well as others on here know what lick we have if any in any events !any thanks of course.

I follow many thanks...

I follow its just that for the VA dependent educ program only the 39 y/o might potentially benefit at all which prompted the question. However your thought about state benefits was of course most perceptive. You bservtn any money saved was also most perceptive we just didn't think trying could do any harm in seeking to appeal it that's our only point many thanks if you have any other thoughts they'd of course be most appreciated.