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Updated Aug 22, 2023

In This Section

 

This section contains the following topics:

Topic

Topic Name

1

Entitlement Principles for Recognizing School Children

2

School Attendance at Federal Government Expense

3

Periods of Enrollment and Entitlement

4

System Generated Notices of Potential Entitlement to Benefits Based on School Attendance

 

1.  Entitlement Principles for Recognizing School Children

 

 

Introduction

 

This topic contains policies and procedures for recognizing school children for the purpose of paying compensation, pension, or Dependency and Indemnity Compensation (DIC), including

Change Date

 

March 2, 2022

VII.ii.1.A.1.a. Criteria for Paying Benefits Based on School Attendance

 

The Department of Veterans Affairs (VA) pays compensation, pension, or Dependency and Indemnity Compensation (DIC) to or for a Veteran’s child that is

  • between the ages of 18 and 23, and
  • attending an accredited educational institution.

Note:  Home schools are recognized in 38 CFR 3.57(a)(1)(iii) as educational institutions for grades kindergarten through 12 for the purpose of establishing child status for dependents.

References:  For more information on

  • the definition of educational institution, including the criteria for recognition of home schools, see 38 CFR 3.57(a)(1)(iii), and
  • home schools as educational institutions, see Theiss v. Principi, 18 Vet.App. 204 (2004).

VII.ii.1.A.1.b.  Using VA Form 21-674

 

As indicated in M21-1, Part II, Subpart iii, 1.A.1.aVA Form 21-674, Request for Approval of School Attendance, is an acceptable prescribed form for a request to recognize school children between the ages of 18 to 23 under the provisions of 38 CFR 3.57 for the purpose of payment of compensation, pension, or DIC.

References:  For more information on development requirements upon receipt of an incomplete request to add a dependent when the benefit is

VII.ii.1.A.1.c.  Accreditation of Educational Institutions

 

To meet VA standards for recognition of a child based on attendance at an educational institution for the purposes of paying compensation, pension, or DIC, the educational institution must be accredited.  Accreditation standards are defined and maintained by the independent accrediting body with jurisdiction over a given educational institution.

Attendance at an accredited educational institution may be either full- or part-time.

Accept as accurate a claimant’s statement or indication that an educational institution is accredited unless there is evidence to bring into question the validity of the statement or indication. 

VII.ii.1.A.1.d.   Verifying Accreditation of Educational Institutions

 

In the event the accreditation status of an educational institution is questioned, follow the procedures in the table below to verify accreditation status.

If the program or institution is …

Then verify accreditation status by …

domestic

utilizing an official website such as

  • the U.S. Department of Education
  • a corresponding State’s .gov website, or
  • another official website of the educational institution or accrediting body.

Example:  The U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs may be used to verify accreditation for colleges and universities. 

a home school program

  • requesting documentation from the claimant of the State or local school district approval of the home school program, or
  • contacting the school district by telephone or e-mail to obtain oral or written verification from an appropriate local school official that the student is registered and in good standing as a home-schooled student.
  • foreign, and
  • from a country with established accreditation standards

Note:   A foreign school is accredited for VA purposes if the school is recognized as standard and accredited for the student’s specific course of instruction by the authority established within the country for determining educational standards.

  • foreign, and
  • from a country without accreditation standards

consultation through the American Consular Officer with any recognized institution of higher learning for professional advice concerning the acceptability of the school.

 

Under these circumstances, the determination as to accreditation for VA purposes is made as follows:

  • In the Philippines, the Manila Regional Office (RO) Education Liaison Representative makes the determination.
  • When a beneficiary submits VA Form 21-674 through the local U.S. embassy or consulate in a foreign country other than the Philippines, the American Consular Officer makes the determination as the approving official.
  • In all other cases, the Veterans Service Center (VSC) Manager of the Pittsburgh RO who maintains information concerning the accreditation status of foreign schools, makes the determination.

Note:  When the verification of accreditation is completed by

  • use of widely available information, such as a .gov website, there is no requirement for development undertaken by the VSC to be documented in the claims folder, or
  • means that are only individually available, such as via telephone or e-mail, upload documentation of the verification of accreditation in the claims folder.

Exception:  For accreditation development undertaken by the pension management centers (PMCs), any verification must be uploaded to the electronic claims folder (eFolder).

VII.ii.1.A.1.e. Determining Accreditation Using Prior Versions of VA Form 21-674

 

When prior versions of VA Form 21-674 are accepted, as provided in M21-1, Part II, Subpart i, 2.B.4, and do not collect certification of accreditation information from the claimant

  • utilize the name of the school reported on the form to verify accreditation using an official website or another resource identified in the table in M21-1, Part VII, Subpart ii, 1.A.1.d, or
  • contact the claimant to obtain certification of accreditation status by telephone, documenting any information received in accordance with M21-1, Part III, Subpart i, 2.D.1.e.

When the above development for certification of accreditation status is unsuccessful, follow the procedures in M21-1, Part VII, Subpart i, 1.A.4.e.

 

2.  School Attendance at Federal Government Expense

 

Introduction

 

This topic contains information about school attendance at Federal government expense, including

Change Date

 

March 2, 2022

VII.ii.1.A.2.a.  Preclusion of Benefits for Children Attending School at Federal Expense

 

Per 38 CFR 3.667(f)(2), VA may not pay compensation, pension, or DIC to or for a child who is

  • at least 18 years old, and
  • wholly supported at the expense of the Federal government while attending school.

The phrase wholly supported at the expense of the Federal government means the government pays for the student’s

  • tuition
  • housing
  • meals
  • suitable clothing
  • medical attention
  • books
  • supplies, and
  • other necessities.

Examples:  The following are examples of schools where students are wholly supported at the expense of the Federal government:

Note:  VA may pay benefits to or for a child who is under the age of 18 and attending a school where the child is wholly supported at the expense of the Federal government.

VII.ii.1.A.2.b.  Verification Requirements for School Attendance at Federal Expense

 

Accept as accurate a claimant’s statement or indication that an educational institution is/is not wholly funded at Federal expense unless there is evidence to question the validity of the statement or indication. 

 

If it becomes necessary to contact a school to determine whether a student is wholly supported at the expense of the Federal government, document the communication as follows:

  • If the contact was by e-mail, telephone, or another resource not widely available, upload documentation into the claims folder as provided in M21-1, Part III, Subpart i, 2.D.1.
  • If the information is obtained using a widely available official Internet site from the educational institution, there is no requirement for documentation of development undertaken by the VSC to be uploaded in the claims folder.

Exception:  For development undertaken by the PMCs, any verification must be uploaded to the eFolder.

VII.ii.1.A.2.c.  Handling School Breaks Affected by Attendance at Federal Expense

 

Pay compensation, pension, or DIC to or for an eligible school child throughout a routine school break (then stop paying benefits to or for the child effective the date the child began attending a school where the child is wholly supported at the expense of the Federal government) if the child

  • turned 18 during the school break or was at least 18 but less than 23 throughout the school break
  • attended school during the session that immediately preceded the break, and
  • was not wholly supported at the expense of the Federal government while attending school during the session that immediately preceded the break.

VII.ii.1.A.2.d. Service Academies

 

There are five U.S. service academies:

  • United States Military Academy in West Point, New York
  • United States Naval Academy in Annapolis, Maryland
  • United States Coast Guard Academy in New London, Connecticut
  • United States Merchant Marine Academy in Kings Point, New York, and
  • United States Air Force Academy in Colorado Springs, Colorado.

VII.ii.1.A.2.e.  Service Academy Preparatory Schools

 

There are four U.S. service academy preparatory schools:

  • United States Military Academy Preparatory School in West Point, New York
  • Naval Academy Preparatory School in Newport, Rhode Island
  • Coast Guard Academy Scholar Program in New London, Connecticut, and
  • United States Air Force Academy Preparatory School in Colorado Springs, Colorado.

 

3.  Periods of Enrollment and Entitlement

 

Introduction

 

This topic contains information on periods of entitlement to benefits based on school attendance, including

Change Date

 

March 2, 2022

VII.ii.1.A.3.a. Children Who Turn 18 While Attending School

 

To continue paying benefits to or for a child who turns 18 during a school session, VA must receive a completed VA Form 21-674 within one year of the child’s 18th birthday, showing the child was attending school on that date.

VII.ii.1.A.3.b. Continuity of School Attendance During Breaks

 

Continuity of school attendance is not broken by holidays, vacation periods, or periods between school sessions when attendance is not normally required.

VII.ii.1.A.3.c.  Children Who Turn 18 During a School Break

 

Do not develop for continuity of attendance if

Continuous attendance is affirmed when VA Form 21-674

  • reflects continuous attendance, and
  • the dates provided for the terms are consistent with continuous attendance. 

If VA Form 21-674 is received prior to resumption/commencement of a course of instruction at the end of a break, follow the instructions in M21-1, Part VII, Subpart ii, 1.B.5.a.

Note:  Completion of a VA Form 21-674b, School Attendance Report, for the prior period of school attendance is not required.

Reference:  For more information on determining entitlement to benefits during a break in school sessions, see 38 CFR 3.667(c).

VII.ii.1.A.3.d. Continued Entitlement During a Summer Session

 

Entitlement to benefits as or for a school child continues during a summer session of school, regardless of whether or not the child attends classes during the summer session, as long as the session does not extend beyond a period of time commonly accepted as standard.

Note:  This policy applies even if

  • the school operates on a trimester basis, and
  • enrollment is deferred for the summer trimester, with entrance in the next regular school session.

Example:

Scenario

  • VA removed a child from a Veteran’s award effective June 1, 2013, because the child stopped attending school in May of the same year. 
  • On August 17, 2013, VA received a VA Form 21-674 from the Veteran that indicates the same child will resume her school attendance on August 24, 2013. 

Result:  Add the child back onto the award effective June 1, 2013, because she was enrolled in the next regular school session after the summer break.

 
 

4.  System-Generated Notices of Potential Entitlement to Benefits Based on School Attendance

 

Introduction

 

This topic contains information on system-generated notices of potential entitlement to benefits based on school attendance, including

Change Date

 

March 2, 2022

VII.ii.1.A.4.a. Ages of Children When VA Sends Notification

 

As children to or for whom VA is currently paying benefits reach certain ages, system-generated notices of potential entitlement to benefits based on school attendance are automatically mailed to the child’s payee/parent.

If VA is paying

  • DIC to or for the child, notice is sent to the payee/parent
    • 60 days prior to the child’s 13th birthday
    • at the end of the month the child turns 16, and/or
    • 60 days prior to the child’s 18th birthday, or
  • any other benefit to or for the child, notice is sent to the payee/parent 60 days prior to the child’s 18th birthday.

Note:  No specific RO action is required upon release of the system-generated notices.

Reference:  For information on adding dependents, see the

VII.ii.1.A.4.b. Notification Prior to Age 13

 

The system-generated notice automatically sent to the payee/parent of a child, to or for whom VA is paying DIC, prior to the child’s 13th birthday, includes as an attachment VA Pamphlet 22-73-3Dependents’ Educational Assistance Program (DEA).

Note:  The notice

  • advises the payee/parent of the educational assistance available, and
  • stresses the importance of planning a high school curriculum to prepare the child for a suitable program of higher education or other post-high school training.

VII.ii.1.A.4.c. Notification at Age 16

 

The system-generated notice automatically sent to the payee/parent of a child, to or for whom VA is paying DIC, at the end of the month the child turns 16, includes as attachments

VA Form 21P-8924, Application of Surviving Spouse or Child for REPS Benefits (Restored Entitlement Program for Survivors) is also sent to the payee/parent at this time if the individual on whose death the DIC award is based died

  • on active duty prior to August 13, 1981, or
  • as a result of a service-connected (SC) disability that was incurred or aggravated prior to August 13, 1981.

Reference:  For more information on the Restored Entitlement Program for Survivors (REPS), see M21-1, Part XII, Subpart ii, 3.A.

VII.ii.1.A.4.d. Notification Prior to Age 18

 

The system-generated notice automatically sent to the payee/parent of a child, to or for whom VA is paying any benefit, prior to the child’s 18th birthday, includes two copies of VA Form 21-674c, Request for Approval of School Attendance

If VA is paying DIC to or for the child (based on either an SC death or under 38 U.S.C. 1318), notice also includes as attachments

VA Form 21P-8924 is also sent to the payee/parent at this time if the individual on whose death the DIC award is based died

  • on active duty prior to August 13, 1981, or
  • as a result of an SC disability that was incurred or aggravated prior to August 13, 1981.

Reference:  For more information on REPS, see M21-1, Part XII, Subpart ii, 3.A.

VII.ii.1.A.4.e.  Alerts for Failure of System-Generation of a Notice

 

Under certain circumstances, system-generation of the notice of potential entitlement to benefits based on school attendance fails.  When this occurs, generation of an 800 series work item alerts claims processors of the failure.  The message code for this work item is 820 882G, Age 18 School Letter Not Sent.

Note:  820 882G, Age 18 School Letter Not Sent, is the 800 series work item label assigned to the system failure regardless of which age-specific notice failed to generate.  Claims processors must review the beneficiary’s record to determine which specific notice should have been generated.

Reference:  For more information on 800 series work items, see

VII.ii.1.A.4.f.  Notification When System-Generation Fails

 

When system-generation of the notice referenced in this topic fails, the notice must be created using a locally generated Age 13/16/18 letter and sent to the appropriate payee/parent.  Ensure the enclosures discussed in M21-1, Part VII, Subpart ii, 1.A.4.bd, corresponding with the age of the child, are attached.

Notes:  

  • If the payee is a corporate fiduciary, the fiduciary hub is responsible for handling notification. The appropriate fiduciary hub must be notified via e-mail when an 820 882G, Age 18 School Letter Not Sent, work item is received for a corporate fiduciary case.
  • If the child is receiving DIC or eligible for DEA based on the SC death of a Veteran, utilize the language provided in M21-1, VII, Subpart ii, 1.B.4.g.

VII.ii.1.A.4.g.  Language to Include in a Locally Generated Letter Regarding Eligibility for REPS Benefits

 

The following paragraphs must be included in a locally generated letter for possible REPS benefits when the system-generated notice is not sent for a child who

  • recently reached the age of 16, or
  • is about to reach the age of 18:

You are receiving Dependency and Indemnity Compensation or educational assistance.  You may also be eligible for reinstatement of certain Social Security benefits that were eliminated by the Omnibus Budget Reconciliation Act of 1981 if you are the surviving spouse or child of a Veteran who:

(1) died on active duty before August 13, 1981; or

(2) died from a disability incurred or aggravated in service before August 13, 1981.

Before enactment of the Omnibus Budget Reconciliation Act of 1981, parent’s Social Security child-in-care benefits were paid to a parent until the parent’s youngest child became age 18.  Now parent child-in-care benefits are discontinued when the parent’s youngest child becomes age 16.  The Omnibus Budget Reconciliation Act of 1981 also eliminated Social Security student benefits. Student benefits were formerly payable to a child who was between the ages of I8 and 22 and who was attending a postsecondary school full time.

Public Law 97-377 directs VA to reinstate the eliminated Social Security benefits to the surviving spouse or child of a Veteran who died under either of the conditions mentioned above.  If you believe that you qualify for reinstatement, you must apply by completing the enclosed VA Form 21P-8924, Application of Surviving Spouse or Child for REPS Benefits (Restored Entitlement for Survivors).  If you are not sure that you qualify, please apply anyway.  We will be glad to determine whether you are eligible for reinstatement.

If you apply and you are a school child (age 18 through 21 and attending college level or other postsecondary school full time) please enter all periods of school attendance from your 18th birthday in Part II.

If you apply and you are a spouse with a child in your care (youngest child age 16 through 17), you need only complete Parts I and III.

Your regular VA benefits will not be affected if you become entitled to reinstatement of either parent child-in-care or student benefits.  You may receive both at the same time.

Please return your completed application to the address listed on the form.