VA Loopholes--post 9/11 benefits

I recieved a denial message from the VA after requesting to transfer his benefits.

This is an interesting loophole because other than the fact that he is not alive to consent the transfer...I am eligible in every criteria. 

Mike died just four months after he retired. At the time of his death he had applied to use the post 911 benefits and had even began classes but the VA had not yet made a payment to his school. So...he was eligible.

The verbiage on the transfer eligibility terms say I must be his spouse and he must have personally qualified to recieve the benefits and submit a transfer request. Well, he died. He didn't know he was going to need to transfer me the benefits. Their excuse was specifically that he is not alive to consent. I am his spouse and as his spouse at the time of death I am his power of attorney. I am here to consent. He's not going to use the benefits...I assure you. If I can't be approved how about one of my children he left behind. He was promised this benefit and unfortunately died before he was able to use them. Why is there no provision in the fine print to address this? It's probably because Marines don't generally die 135 days after retiring. There should be something in writing. The voicemail said "after research" I was not eligible so that means even they didn't know the answer. They had to find some reason to deny me. 

I read the entire policy on post 9-11 educational benefits and there is no mention whatsoever as to what shall happen to said benefits should the servicemember utilizing them die while receiving benefits.  If I am eligible in EVERY OTHER way and no actual provision, clause or restriction for the particular circumstance is mentioned then it's just opinion of one case worker reading. I should be eligible by default. 

Either I am eligible or they need to add a clause specifically stating  death while receiving benefit makes the benefit null and void and no tranfer shall be granted regardless if there is still 36 months available.

I would like to see a change in policy, if not for me than for others who will inevitably come after me. It's hard enough navigating life after the death of a spouse to then play semantics with the VA who are really at this point trying their damnedest to not pay out on any claim submitted. 

I understand his circumstances are unique but I can't understand who would deny a young widow the benefit of an education to try to support a servicemembers surviving family.

I accepted the fact that he was inelegible for life insurance. He died at 135 days and the coverage extended only 120. I will not accept that his death was not service connected. I will fight that until my last breath. Not for any monetary gain, or addition benefit but for his honor and commitment to this nation and so my kids know he is the hero they remember. 

The only things I have asked the VA for was educational benefits so I can gain employment fit for providing for our three surviving kids and for them to rule his death service connected. 

I am not asking for much. I am asking for a chance in life. A chance to prevail and succeed in the wake of such tragedy. Peace of mind for my kids. So they will never doubt that his suicide was in any way their fault. The war did it.  

I will move on with my life and try my hardest with or without the VA. I will not settle into a role of a victim. Become complacent? Never that. His life meant something and I will make our lives the best I can regardless of the decision made but the VA.

No matter what it says on paper, he died a hero. He dedicated his life to his country and his Corps. He knew no other way to live.