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Chapter 1607 Linda McAllister, Chief Education Liaison Officer Atlanta Regional Processing Office February 14, 2005 Powe

Highlights of 1607 Benefits. DOD education benefit Chapter 1607 was developed to provide benefits for Reservists called to active duty after September 11, 2001. Benefits are paid as a percentage of the Category I MGIB rate in effect at the time of the school training. . Highlights of 1607 Benefits.

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Chapter 1607 Linda McAllister, Chief Education Liaison Officer Atlanta Regional Processing Office February 14, 2005 Powe

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    1. Chapter 1607 Linda McAllister, Chief Education Liaison Officer Atlanta Regional Processing Office February 14, 2005 (Powerpoint provided by Jim Garrison, Training Coordinator)

    2. Highlights of 1607 Benefits DOD education benefit Chapter 1607 was developed to provide benefits for Reservists called to active duty after September 11, 2001. Benefits are paid as a percentage of the Category I MGIB rate in effect at the time of the school training.

    3. Highlights of 1607 Benefits There is no delimiting date for Chapter 1607 unless the member is separated for disability. In that case, the member has 10 years from the date of eligibility to use benefits. All programs approved for Chapter 30 (L&C excluded) are approved for Chapter 1607 as well.

    4. Highlights of 1607 Benefits Members can apply for benefits now, although full implementation of the program isn’t expected for a while. Members currently receiving 1606 benefits should submit VA Form 22-1995 in write CH 1607 at the top.

    5. What Is Chapter 1607? Chapter 1607 is a new education benefit that was enacted on October 28, 2004. Chapter 1607 is a DOD education program (Like 1606) which will be administered by the Department of Veterans Affairs. This is a DoD program administered by VA. DoD provides funding for the program, and determines eligibility. VA has the same arrangement with DoD concerning the Chapter 1606 program. This is a DoD program administered by VA. DoD provides funding for the program, and determines eligibility. VA has the same arrangement with DoD concerning the Chapter 1606 program.

    6. Who Qualifies For Chapter 1607? 1607 provides educational assistance to members of the reserve components called or ordered to active duty in response to a war or national emergency as determined by the President or Congress. Reserves in this instance refers to the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve, Army National Guard, and the Air National Guard. Active duty here refers to service on active duty or full time National Guard duty.Reserves in this instance refers to the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve, Army National Guard, and the Air National Guard. Active duty here refers to service on active duty or full time National Guard duty.

    7. How Many People Are Affected by Chapter 1607? Since September 11, 2001, approximately 400,000 individuals, who may qualify for Chapter 1607, have been called to active duty. This law is effective retroactively to active duty after September 11, 2001. As a result, qualifying members could be reimbursed for training that took place after December 9, 2001 (90 days which includes 9/11/01). DoD is charged with notifying every person who may qualify for Chapter 1607 in writing of the eligibility criteria and provisions of the program. This law is effective retroactively to active duty after September 11, 2001. As a result, qualifying members could be reimbursed for training that took place after December 9, 2001 (90 days which includes 9/11/01). DoD is charged with notifying every person who may qualify for Chapter 1607 in writing of the eligibility criteria and provisions of the program.

    8. How Many People Are Affected by Chapter 1607? VACO estimates 30,000 to 40,000 claims will be received during the FY 2005. VACO expects the immediate impact to be 10,000 to 20,000 people filing Chapter 1607 claims. This law is effective retroactively to active duty after September 11, 2001. As a result, qualifying members could be reimbursed for training that took place after December 9, 2001 (90 days which includes 9/11/01). DoD is charged with notifying every person who may qualify for Chapter 1607 in writing of the eligibility criteria and provisions of the program. This law is effective retroactively to active duty after September 11, 2001. As a result, qualifying members could be reimbursed for training that took place after December 9, 2001 (90 days which includes 9/11/01). DoD is charged with notifying every person who may qualify for Chapter 1607 in writing of the eligibility criteria and provisions of the program.

    9. Eligibility Criteria A member of a reserve component who serves on active duty after September 11, 2001, for a contingency operation and who served at least 90 consecutive days or more. Individuals are eligible as soon as they reach the 90 day point, regardless of duty status. In the future, DoD will identify contingency operations that qualify under Chapter 1607. DoD will also identify which National Guard service will be qualifying. Call up after 9/11 is not a requirement. The member must have served 90 consecutive days after 9/11 on active duty resulting from a call up.In the future, DoD will identify contingency operations that qualify under Chapter 1607. DoD will also identify which National Guard service will be qualifying. Call up after 9/11 is not a requirement. The member must have served 90 consecutive days after 9/11 on active duty resulting from a call up.

    10. Reserves Currently, qualifying members were called under: Sections 688, 12301(a), 12302, 12304, 12305, and 12406, of Title 10 or Title 15 Members from the Reserve components include member of the Selected Reserves and the Individual Ready Reserves (IRR).Members from the Reserve components include member of the Selected Reserves and the Individual Ready Reserves (IRR).

    11. National Guard Guard members are also eligible after serving 90 consecutive days on active duty if the service is: Under Title 32 section 502(f), And supported by federal funds, And authorized by the President or Secretary of Defense for a national emergency.

    13. Members serving 90 days but less than one year will receive 40% of the 3-year rate. Members who served more than one year, but less than 2 years will receive 60% of the 3-year rate. Members serving 2 years or more will receive 80% of the 3 year rate. The chart on the following slide shows the rates based on FY 2005.The chart on the following slide shows the rates based on FY 2005.

    15. Disabled Members Members released before the 90 day point for disability incurred during or aggravated by the line of duty will receive benefits at the 40% rate.

    16. Entitlement Members will receive 36 months of entitlement to Chapter 1607. The 48 month combined benefits entitlement rule applies to Chapter 1607. Restoration of entitlement applies to Chapter 1607 for those who were forced to withdraw after becoming eligible for Chapter 1607. * Members called to active duty in the National Guard under Title 32 will not be eligible for restoration of entitlement. * Members called to active duty in the National Guard under Title 32 will not be eligible for restoration of entitlement.

    17. Delimiting Date Chapter 1607 members do not have a delimiting date. Members are eligible for benefits as long as they remain within their component. Members leaving their component will lose eligibility. Members released for disability will have 10 years from the date of eligibility to use benefits. The loss of eligibility by a member leaving their component is not permanent. A member could requalify under a future period of active duty. Members in the Ready Reserve include Selected Reserves and Individual Ready Reserves. A member in the Selected Reserve must return to the Selected Reserves after active duty to receive benefits. Members in the IRR must return to the IRR after active service in order to use benefits. The loss of eligibility by a member leaving their component is not permanent. A member could requalify under a future period of active duty. Members in the Ready Reserve include Selected Reserves and Individual Ready Reserves. A member in the Selected Reserve must return to the Selected Reserves after active duty to receive benefits. Members in the IRR must return to the IRR after active service in order to use benefits.

    18. What Programs Are Approved Under Chapter 1607? At the present time, all programs approved under Chapter 30 will apply to Chapter 1607 as well, with one exception. VACO has not determined if Licensing and Certification will apply to Chapter 1607.

    19. Bar to Dual Eligibility Members can’t use the same period of service to qualify for Chapter 1607 and Chapter 30. The election to use the period of service for one benefit type is irrevocable. The bar to dual eligibility applies to a current period of active duty. For example, a member using a period of service to qualify for Chapter 1607 could be called up in the future and use the subsequent period to qualify for Chapter 30. The bar to dual eligibility applies to a current period of active duty. For example, a member using a period of service to qualify for Chapter 1607 could be called up in the future and use the subsequent period to qualify for Chapter 30.

    20. Bar to Dual Eligibility A reservist under Chapter 1606 will retain eligibility to that program even if he/she is called up and uses the active duty period to qualify for Chapter 1607. The bar to dual eligibility applies to a current period of active duty. For example, a member using a period of service to qualify for Chapter 1607 could be called up in the future and use the subsequent period to qualify for Chapter 30. The bar to dual eligibility applies to a current period of active duty. For example, a member using a period of service to qualify for Chapter 1607 could be called up in the future and use the subsequent period to qualify for Chapter 30.

    21. Bar to Duplication of Benefits Members may not receive benefits under more than one program at a time. This includes Chapter 1607, Chapter 1606, Chapters 30, 32, 35, The Hostage Relief Act of 1980, and Chapter 31 Vocational Rehabilitation. Members with dual eligibility may switch back and forth between programs as with any other benefit. Members with dual eligibility may switch back and forth between programs as with any other benefit.

    22. Chapter 1606 Kickers Members already eligible for a Chapter 1606 kicker will receive the kicker amount in addition to the Chapter 1607 benefit amount. Chapter 30 kickers will not be paid in addition to Chapter 1607 benefits. Chapter 30 kickers will not be paid in addition to Chapter 1607 benefits.

    23. Are Benefits Retroactive? Benefits under Chapter 1607 are potentially retroactive to December 9, 2001, for a person who was called to duty on September 11, 2001. The fiscal year during which the educational training took place will determine the basic rate for Chapter 1607. Also remember that call up after 9/11/01 is not necessary. The member only has to serve 90 consecutive days beyond 9/11/01 to qualify.Also remember that call up after 9/11/01 is not necessary. The member only has to serve 90 consecutive days beyond 9/11/01 to qualify.

    24. ROTC and Termination of Benefits Members training under section 2107, (Senior ROTC Scholarship Program), are not eligible for benefits under Chapter 1607. A member who leaves the Reserves will also lose eligibility to benefits. The termination of benefits in these instances is permanent. However, the member may requalify later using a future qualifying period of active duty service. The termination of benefits in these instances is permanent. However, the member may requalify later using a future qualifying period of active duty service.

    25. Submitting Claims RPOs can accept claims for Chapter 1607 at this time for persons appearing to qualify under the eligibility criteria.

    26. Applying for Chapter 1607 Members who have never applied for a VA EDU benefit program, should submit VA Form 1990 Application for Benefits. Members should submit supporting documentation for the period of service being use to qualify for Chapter 1607. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application.

    27. Applying for Chapter 1607 Members already eligible for another VA EDU benefit type (other than Chapter 35), should submit VA Form 1995 and annotate “Chapter 1607” on the form. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application.

    28. Applying for Chapter 1607 Members should also submit supporting DD 214’s and copies of original orders for qualifying active duty service. The claimant should indicate what date he/she wishes to begin receiving Chapter 1607. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application.

    29. Applying for Chapter 1607 Any training under Chapter 1606 will be deducted from the Chapter 1607 award if the claimant requests Chapter 1607 benefits for a period of training for which Chapter 1606 benefits were paid. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application. Supporting documents should include a DD 214 and copy of the original orders for the qualifying period of service. VACO will rewrite the 1990 to include a section for Chapter 1607. In the mean time, have claimants write “Chapter 1607” prominently on all documents being submitted, and write in “Chapter 1607” in item #1 on the application.

    30. 1607 Evaluation How many months of entitlement will a Chapter 1607 member receive? What is the delimiting date for Chapter 1607? Who qualifies for Chapter 1607? How much does Chapter 1607 pay? Can a member apply for Chapter 1607 now?

    31. This presentation provides all information available at this time. More information will be released as procedures and policies are developed. If you have questions, contact the VACO Policy and Legislative Development Staff 225A.This presentation provides all information available at this time. More information will be released as procedures and policies are developed. If you have questions, contact the VACO Policy and Legislative Development Staff 225A.

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