Dependents' Educational Assistance, Chapter 35

The parent must have a PERMANENT & TOTAL SERVICE-CONNECTED DISABILITY, DIED AS THE RESULT OF A SERVICE-CONNECTED DISABILITY, DIED WHILE TOTALLY & PERMANENTLY SERVICE-CONNECTED DISABLED, or DIED IN THE LINE OF DUTY WHILE A SERVICE MEMBER.

A dependent child cannot receive DEA benefits before his 18th birthday unless he has completed secondary school or the equivalent, or is beyond the age of compulsory school attendance. No DEA entitlement exists for a child who reaches his 26th birthday before the veteran's disability or death occurred.
NOTE: The only exception to the above is establishment of entitlement to special restorative or vocational training. This program is only available if recommended by Counseling, a child has reached his 14th birthday and has a physical or mental handicap.

DELIMITING DATE
Basic eligibility date is the 18th birthday, or completion of secondary schooling if prior to age 18, or the child is beyond the age of compulsory school attendance. If the disability or death of the veteran occurs between the 18th and 26th birthdays, the eligibility date is the effective date of the rating or notification, or the date of the veteran's death, whichever the claimant chooses. The ending date is the 26th birthday, or 8 years from a basic eligibility date which occurred after the 18th birthday. The prohibition against paying chapter 35 benefits for children beyond age 31 has been lifted.

An extension of the delimiting date is possible to the end of the IHL semester, or 12 weeks for NCD if at least one half of the course has been completed, as long as there is sufficient entitlement. The same extension applies if a veteran is no longer rated permanently and totally disabled. No DEA benefits can be paid during any period the child is on duty with the Armed Forces. The marriage of a child has no effect on his/her eligibility to receive chapter 35 benefits.

Extension of delimiting date can also be granted if the child was prevented from pursuing training during the basic period of entitlement because of reasons beyond his control or active duty in the Armed Forces.

Entitlement: Is limited to 45 months. There is NO extension of entitlement available under Chapter 35.

VA Form 22-5490 is still used to apply for children's DEA. VA Form 22-5495 is used to apply for a change of program or place of training. The veteran's claim number with a suffix A, B, C, etc. is assigned to each child in order of entrance into the DEA program. Payee numbers 41, 42, 43, etc. are assigned in accordance with the suffix used.

Approved courses: Are the same as for MGIB, except a child is not entitled to payment for correspondence, flight training, or licensing exams.

Dependents Educational Assistance (DEA) Chapter 35 Spouses and Surviving Spouses

SPOUSES: The veteran must have permanent and total service-connected disability.

The basic period of eligibility is 10 years from the effective date of the permanent and total rating or the date of notification, at the choice of the claimant.

SURVIVING SPOUSES: The death of the veteran must be service-connected or veteran was permanently and totally service-connected disabled at time of death.

The basic period of eligibility is, again, 10 years. If the eligibility is based on service-connected death, and (s)he was rated permanently and totally disabled at the time of his death, eligibility begins the date of his death. Otherwise, it is the date on which the VA determines that (s)he died of a service-connected disability. If (s)he dies while in service, the eligibility date is, also, date of death; however, in this case only, the surviving spouse has 20 years to use his/her chapter 35 benefits.

The delimiting date can be extended if she is enrolled and eligibility ceases because the veteran is no longer permanently and totally disabled, or she is divorced without fault on her part. The ending date will be extended to the end of the semester for IHL, or to the end of the course or 12 weeks for NCD, regardless of whether she has reached the midpoint of the course.

The delimiting date can also be extended due to physical or mental disability. A Form 22-5490 is used as an application and 22-5495 is used to apply for a change of program or place of training.

The veteran's claim number with a suffix W is assigned to a spouse or surviving spouse with payee number 10.

Approved courses: Are the same as for MGIB except they are not entitled to flight training or licensing exams. No additional allowance is payable for dependents.

Office of Military Program staff
Southern Illinois University Carbondale.