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Home : Military Professional Development : Veterans Information
Survivors' and Dependents' Educational Assistance Program
( Courtesy Veterans Administration: Public Reference Document ) Department of Veterans Affairs
SUMMARY OF EDUCATIONAL BENEFITS UNDER THE SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM CHAPTER 35 OF TITLE 38 U. S. CODE
Introduction The Dependents' Educational Assistance program (chapter 35 of title 38, U. S. Code) was enacted by Congress to provide education and training opportunities to eligible dependents and survivors of certain veterans. This pamphlet provides a general description of the education benefits. It includes information to help you understand how you receive payments under the program. It offers suggestions on where to go for help and to get more detailed information. The information may be of help to you in making a decision to enter training. You should read it carefully to understand fully the range of benefits available. This pamphlet is a summary of the benefits available under this program. Do not rely on it to determine if you are eligible for education benefits. To receive a formal decision from VA, you must file a claim for benefits. The program provides financial aid for the education of a dependent or surviving son, daughter, or spouse of a:
HOW MANY MONTHS OF BENEFITS CAN YOU GET? You may be entitled to receive up to 45 months of education benefits. You may receive a maximum of 48 months of benefits under more than one VA education program. For example, if you used 30 months of your own benefits as a veteran under the Montgomery GI Bill - Active Duty Educational Assistance Program (chapter 30 of title 38, U. S. Code), and are eligible as a dependent, you could have 18 months of entitlement remaining. You are charged one full day of entitlement for each day of full-time benefits paid. If you are a spouse pursuing correspondence training, you use one month each time VA pays one month of benefits. If your full time rate is $485, and you receive $1455 for a correspondence course, the charge is three months. HOW MUCH EDUCATIONAL ASSISTANCE WILL YOU GET? Rates for Schooling
Rates for Apprenticeship and Job Training
Rates for Farm Cooperative Training
If you take cooperative training, you may receive payment at the rate to which you are entitled for institutional training. Only spouses are eligible for correspondence training. If you are a spouse, you will receive 55% of the approved charges for a correspondence course. If you are training at less than one-half time, you will receive the lesser of:
SON OR DAUGHTER To receive benefits for attending school or job training under the program, you must be between the ages of 18 and 26. In certain instances, it is possible to begin before age 18 and to continue after age 26. Marriage of a child is not a bar to this benefit. But, an eligible child may not receive benefits while on active duty in the Armed Forces. To pursue training after military service, your discharge must not be under dishonorable conditions. VA can extend your period of eligibility by the number of months and days equal to the time spent on active duty. This extension cannot go beyond your 31st birthday.
SPOUSES If you are a surviving spouse and are eligible because the veteran has a permanent and total service-connected disability, benefits end 10 years from one of the following dates:
If you are a surviving spouse and are eligible because the veteran died from a service-connected disability, benefits end 10 years from one of the following dates:
If you are a surviving spouse and are eligible because the veteran had a permanent and total service-connected disability at time of death, the beginning date of the 10-year period is the date of death. If you are eligible because the veteran or serviceperson is being held as a prisoner of war, is missing in action, or is being forcibly held by a foreign government or power, your period of eligibility ends 10 years from the 90th day after the veteran or serviceperson is listed as a captive or missing. If the veteran or serviceperson is released from captivity, or is determined to be alive and no longer missing, your period of eligibility ends on that date.
A State agency or VA must approve each program offered by a school or company. If you want to know if you may receive benefits for a program, contact the nearest VA regional office. An eligible son or daughter who is handicapped by a physical or mental disability that prevents pursuit of an educational program may receive Special Restorative Training. This may involve speech and voice correction, language retraining, lip reading, auditory training, Braille reading and writing, or anything of this nature. An eligible spouse or son or daughter over age 14 who is handicapped by a physical or mental disability that prevents pursuit of an educational program may receive Specialized Vocational Training. This includes specialized courses, alone or in combination with other courses, leading to a vocational objective that is suitable for the person and required by reason of physical or mental handicap. ARE YOU ELIGIBLE FOR REMEDIAL, DEFICIENCY, AND REFRESHER TRAINING? You may be eligible for benefits for remedial, deficiency, and refresher courses. Remedial and deficiency courses are intended to assist a student in overcoming a deficiency in a particular area of study. Remedial and deficiency courses must be necessary for pursuit of a program of education. Refresher training is available only at the elementary or secondary level. It is for reviewing or updating material previously covered in a course that you satisfactorily completed. There is no entitlement charge for these courses for the first five months of training. ARE YOU ELIGIBLE FOR TUTORIAL ASSISTANCE? You may receive a special allowance for individual tutoring if you enter school at one-half time or more. To qualify, you must have a deficiency in a subject, making the tutoring necessary. The school must certify the tutor's qualifications and the hours of tutoring. If eligible, you may receive a maximum monthly payment of $100. The maximum total benefit is $1,200. There is no entitlement charge for tutorial assistance. To apply, complete VA Form 22-1990t, Application and Enrollment Certification for Individualized Tutorial Assistance. Give it to the certifying official in the office handling VA paperwork at your school to complete. ARE YOU ELIGIBLE FOR WORK-STUDY? You may be eligible for an additional allowance under a work-study program. The work-study program allows you to perform work for VA in return for an hourly wage. You may perform outreach services under the supervision of a VA employee, prepare and process VA paperwork, work at a VA medical facility, or other approved activities. You must train at the three-quarter or full-time rate. The maximum number of hours you may work is 25 times the number of weeks in your enrollment period. Payments will be at the Federal minimum wage or your State minimum wage, whichever is greater. To apply, complete VA Form 22-8691, Application for Work-Study Allowance. Send it to the nearest VA regional office. ARE THERE RESTRICTIONS ON TRAINING? There are some restrictions on training. Benefits are not payable for the following courses:
VA must reduce benefits if you are in a Federal, State or local prison after being convicted of a felony. You may not receive benefits for a program at a proprietary school if you are an owner or official of the school. If you seek a college degree, the school must admit you to a degree program by the start of your third term. You may not receive benefits under this program while serving on active duty in the Armed Forces. CAN YOU BE ELIGIBLE FOR MORE THAN ONE BENEFIT? Yes, you can be eligible under more than one education benefit program. If you are, you must elect which benefit to receive. You cannot receive payment for more than one benefit at a time. The benefits are:
IMPORTANT: If you are eligible for more than one benefit, we strongly suggest that you discuss your education plans with a Veterans Benefits Counselor. The counselor can help you explore the options open to you and plan your program to use your benefits fully. PENSION, COMPENSATION AND DIC (DEPENDENCY AND INDEMNITY COMPENSATION) PROGRAMS A son or daughter who is eligible for chapter 35 benefits and pension, compensation, or DIC based on school attendance, must elect which benefit to receive. An election of chapter 35 benefits is a bar to further payment of pension, compensation, or DIC after the age of 18. IMPORTANT: If your program will last longer than 45 months, you may find it to your advantage to defer chapter 35 benefits. You could continue to receive pension, compensation, or DIC benefits which are payable as a result of your school attendance. If a deferral is to your advantage, we recommend that you discuss with a Veterans Benefits Counselor the various options open to you. The counselor can help you plan your program to maximize benefits. The counselor can also provide help in establishing a future date to elect chapter 35 benefits. Upon request, VA will provide counseling services, including testing to help you:
Professionally qualified personnel will provide these counseling services to you free of charge. You must pay the cost of any travel, however, to and from the place at which VA provides counseling. VA will make every effort to arrange counseling appointments at times and places convenient to you. VA requires and provides counseling for each disabled child who needs special services to pursue a program of education and for certain other eligible children. VA requires and provides counseling for disabled spouses and those who need specialized programs of vocational training as a result of the handicapping effects of their disabilities. Contact the nearest VA regional office for more information or to schedule a counseling appointment. If you change your educational, professional, or vocational objective and this change requires a change in the courses you are taking, VA considers this a change of program. VA will not charge a change of program when you enroll in a new program provided you successfully completed your immediately preceding program. SPOUSE, WIDOW, OR WIDOWER OF VETERAN If you are a spouse, widow, or widower of a veteran, you may make one change of program without prior VA approval if your attendance, conduct, and progress in the last program were satisfactory. VA may approve additional changes if the proposed programs are suitable to your abilities, aptitudes, and interests.
CHILD OF VETERAN If you are a son or daughter making any change of program, VA may approve the program change if it finds that the new program is suitable to your abilities, aptitudes, and interests. MUST YOU MAINTAIN SATISFACTORY ATTENDANCE, CONDUCT, AND PROGRESS? Once you start receiving benefits, you must maintain satisfactory attendance, conduct, and progress. If you do not meet the standards set by your school, the certifying official must notify VA. VA will stop your benefits if the school reports unsatisfactory attendance, conduct, or progress. VA may resume benefits if:
If you do not reenter the same program at the same school, VA may resume benefits if:
Once you find a school with a program you want or a company or union offering an apprenticeship or job training in your field, there are two important steps.
VA will review your application and let you know if anything else is needed. If you have started training, take your application to your school, or to your employer or union if you are in a job training program. Ask the certifying official to complete VA Form 22-1999, Enrollment Certification, and send both forms to VA. One of the following VA regional offices has jurisdiction over your claim. Check the map to see which office has jurisdiction over the state where you will train. NOTE: If you are training in Puerto Rico or the U. S. Virgin Islands, your claim will be handled by the Atlanta Regional Office. If you are training on American Samoa, Guam, Midway, Wake Island, any of the islands in the Federated States of the Marshall Islands, the Republic of Micronesia, or the Republic of Palau, your claim will be handled by the Muskogee Regional Office. If you are training in the Republic of the Philippines, your claim will be handled by the Manila Regional Office. Eastern Region
Southern Region
Central Region
Western Region
WHAT SHOULD YOU DO IF YOU DISAGREE WITH A VA DECISION? You may appeal VA decisions on education benefits. You must file an appeal within one year of the date you receive notice of a decision. Each notice of decision issued by VA contains your legal rights and appeal procedures. You may request a personal hearing on your claim. If you need assistance in filing an appeal, contact the nearest VA regional office or a veterans service organization. HOW DO YOU RECEIVE MONTHLY PAYMENTS? After selecting a school and submitting your application to VA, ask the school certifying official to complete an enrollment certification. The school official will send the enrollment certification to the appropriate VA regional office. If you have basic eligibility for benefits, and your program or course are approved, VA will process your enrollment and issue payments based on your certified training time. If you are in a degree program at a college or university, you will receive payment after the first of each month for your training during the preceding month. If you are in a certificate or diploma program at a business, technical, or vocational school, you will not receive payment until you have completed a form to verify your attendance. You will receive a form each month, and you must complete and return it to the appropriate VA regional office. After processing, VA will release a check. If you are in an apprenticeship or job training program, you will receive a form to report the hours worked each month. Sign the form and give it to the certifying official for the company or union. The certifying official must complete the form and send it to the appropriate VA regional office. After processing, VA will release a check. If you are taking a correspondence course, you will receive a form each quarter on which you should show the number of lessons you completed that quarter, i.e., March, June, September, and December. Send the form to the school for certification of the number of lessons serviced during the quarter. The school will send the form to the appropriate VA regional office. After processing, VA will release a check. Payments are based upon the number of lessons serviced by the school. The law prohibits schools from cashing VA checks under a power of attorney agreement. WHAT SHOULD YOU DO IF YOU DO NOT RECEIVE A CHECK OR VERIFICATION FORM? If you are taking courses leading to a college degree at a college or university, you should receive your check for each month by the fifth of the next month. If you do not, immediately contact the nearest VA office. Explain that you are receiving chapter 35 benefits and you have not received your check. The person answering the telephone will take the information and determine the status of the check. If you are taking courses leading to a certificate or diploma from a business, technical, or vocational school, you should receive a verification form for each month by the fifth of the next month. If you do not, immediately contact the nearest VA office. Explain that you are receiving chapter 35 benefits and you have not received your verification form. The person answering the telephone will record the necessary information and forward it to the appropriate VA regional office for processing. Whenever you contact VA, have your VA File number readily available. If you are unable to attend full time, consider going part-time. Benefit rates for part-time training are less than the full-time rate. Likewise, the entitlement charge for part-time training is less than the charge for full-time training. For example, if you receive full time benefits for 12 months, the charge is 12 months. If you receive benefits for 12 months of one-half time, the charge is six months. CAN YOU GET AN ADVANCE PAYMENT? You may receive an advance payment for the initial month or partial month and the following month, if:
VA will mail an advance payment check, made out to you, to the school for delivery to you at registration. VA cannot issue the check more than 30 days before classes start. Before you request an advance payment, ask the certifying official if your school has agreed to process advance payments. Your request for an advance payment must be on VA Form 22-1999, Enrollment Certification, or a sheet of paper attached to the enrollment certification. If you receive an advance payment at registration, be sure that the appropriate school official certifies to VA that you received the check. If you reduce your enrollment or withdraw from all courses during the period covered by an advance payment, you will have an overpayment that VA is required to collect from you if you cash the check. If you think the amount of a VA check is incorrect, contact VA before cashing the check. WHAT ARE YOUR RESPONSIBILITIES? CHANGE IN YOUR ENROLLMENT If you change your enrollment, immediately tell the certifying official at your school. Request the certifying official to notify the appropriate VA regional office of the change. Also notify the appropriate VA regional office of the change yourself. If VA does not receive prompt notice of a change, you could be liable for an overpayment of benefits. NOTE: Employees of schools who process VA forms are not VA employees. CHANGE OF ADDRESS Promptly notify the appropriate VA regional office of any change in your address. Send your complete new address, including the ZIP Code. CHANGE IN MARITAL STATUS If you are a spouse you must report any of the following changes in marital status which may affect your eligibility:
WHAT HAPPENS IF YOU CHANGE YOUR ENROLLMENT? If you withdraw from one or more, but not all, of your courses after the end of the school's drop period, VA will take one of the following actions:
If you withdraw from all courses, VA will stop your benefits effective the date of withdrawal. If you withdraw from a course after the end of your school's drop period, you may have to repay all benefits for the course unless you can show that the change was due to mitigating circumstances. VA defines "mitigating circumstances" as unavoidable and unexpected events that directly interfere with your pursuit of a course and are beyond your control. Examples of reasons VA may accept are:
Examples of reasons VA may not accept are:
NOTE: VA may ask you to furnish evidence to support your reason for a change. If a serious injury or illness caused the change, obtain a statement from your doctor. If a change in employment caused the change, obtain a statement from your employer. The first time you withdraw from courses up to six credit hours, VA will "excuse" the withdrawal and pay benefits for the period attended. Remember, this only applies to your first withdrawal. If you receive a grade that does not count toward graduation, you may have to repay all benefits for the course. You should check your school's grading policy with the registrar or the office handling VA paperwork. The school may have "non-punitive grades." VA defines "non-punitive grades" as those not used to compute graduation requirements. Common examples are:
If you receive non-punitive grades, the school will notify VA. Upon receipt of the notice, VA may reduce or stop benefits. You may not have to repay the benefits if you can show that the grades were due to mitigating circumstances. HOW CAN YOU PREVENT OVERPAYMENTS? An overpayment is a benefit payment that is more than the amount to which you are entitled. If you promptly notify VA of changes affecting your benefits, you can prevent overpayments. In addition, use reasonable judgment when you accept and cash a check. Carefully read all letters from VA about the monthly rates and effective dates of your benefits. If you think the amount of a VA check is incorrect, contact VA before cashing the check. Return any checks for the wrong amount to VA. If you cash a check for the wrong amount, you will be liable for repayment of any resulting overpayment. WHAT HAPPENS IF YOU HAVE AN OVERPAYMENT? VA is required to take prompt and aggressive action to recover overpayments. You have the right to request a waiver of the overpayment or verification that the amount is correct. If an overpayment is not repaid or waived, VA may add interest and collection fees to your debt. VA may also take one or more of the following actions to collect the debt:
For forms and information, one or more of the following offices or representatives can assist you:
Consult a telephone directory under United States Government, Department of Veterans Affairs or Veterans Administration, for the telephone number of the office nearest you. Toll-free telephone service is available in all 50 states, Puerto Rico, and the U. S. Virgin Islands. Call 1-888-GIBILL-1 (1-888-442 -4551). If you do not have access to this number, call 1-800-827-1000, or for the hearing impaired call 1-800-829-4833. VA supervisory personnel occasionally monitor telephone calls. They do this to ensure that the public receives accurate information and courteous responses. The person monitoring a call does not keep a record of the caller's name, address, file number, or telephone number. You can also reach us on the World Wide Web (Internet). VA Education Service maintains a Home Page on the Web. You can get information about education benefit programs and send us questions about your claim for education benefits. The Home Page address is: Follow the prompts under the "Claim Inquiry" option on the main menu to inquire about your claim for education benefits. To obtain information on other forms of assistance, contact the financial aid office at your school. RESCISSION: VA Pamphlet 22-73-3 dated July 1997 |
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