Sorry for the mess!

The site is undergoing a massive update. All the content on the site still works but things just might look a little messy and disorganized. Most of the upgrades will probably be don by the end of the month. Thank you for your understanding!

Updated Mar 28, 2024

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
3
 
 

1.  Notifying Individuals of Their Eligibility for DEA

Introduction

  
This topic contains information on notifying individuals of their eligibility for DEA, including

Change Date

  
March 28, 2024

XIII.i.1.B.1.a.  Who Is Eligible for DEA

  
Dependents’ Educational Assistance (DEA), under 38 U.S.C. Chapter 35, provides educational assistance to the children, spouses, and surviving spouses of individuals who
  • died in service in the line of duty
  • were on active duty as members of the Armed Forces and have been listed by the appropriate Secretary for more than 90 days as
    • missing in action
    • captured in the line of duty by a hostile force, or
    • forcibly detained or interned in the line of duty by a foreign government or power
  • are active duty service members that are
    • hospitalized or receiving outpatient medical treatment, and
    • likely to be released from active duty because of a service-connected (SC) disability(ies) that is permanent and totally disabling, or
  • were discharged from service under conditions other than dishonorable and
    • have an SC disability(ies) that is permanent and totally disabling (rated 100-percent disabling based on the rating schedule or by reason of individual unemployability (IU))
    • had an SC disability(ies) that was permanent and totally disabling and in existence at death (rated 100-percent disabling based on the rating schedule or by reason of IU), or
    • died as a result of an SC disability(ies).
Notes:
  • When a total SC disability rating is in effect at the time of death, but the cause of death is not SC, consider the disability rating to be permanent for DEA eligibility purposes only, even when permanency was not established during the Veteran’s lifetime.
  • Per 38 CFR 3.807(c), eligibility for DEA may be established when disabilities are treated as if SC under 38 U.S.C. 1160 (compensation for certain paired organs or extremities).
  • Disability compensation or Dependency and Indemnity Compensation (DIC) awarded under 38 U.S.C. 1151 does not establish eligibility for DEA.
References:  For more information on

XIII.i.1.B.1.b.  Notifying Veterans in Disability Compensation Cases

  
When claims processors use Redesigned Automated Decision Letter (RADL) to generate a decision notice regarding a Department of Veterans Affairs (VA) decision to rate a Veteran permanently and totally disabled due to SC disabilities, RADL automatically inserts text into the notice that
  • informs the Veteran that their dependents may be eligible for DEA, and
  • provides instructions for obtaining more information about DEA from VA.
When claims processors use Personal Computer Generated Letters to notify a Veteran of the same type of decision, they must manually insert the following text into the decision notice:
 
Your dependents may be eligible for Dependents’ Educational Assistance (Chapter 35).  For more information on this program, please visit the following web site:  https://www.va.gov/education/survivor-dependent-benefits/dependents-education-assistance/ or call 1-888-GIBILL-1 (1-888-442-4551).
 
Important:  The text in the preceding paragraph is not an exact match of the text RADL automatically inserts; claims processors do not need to add the text to decision notices they generate using RADL.

XIII.i.1.B.1.c.  Notifying Surviving Spouses in DIC Cases

  
When notifying a surviving spouse of entitlement to DIC,
Exception:  Since an award of DIC under 38 U.S.C. 1151 does not establish eligibility for DEA, disregard the instructions in this block when DIC is awarded under this statute.

XIII.i.1.B.1.d.  Notifying Children of Eligibility

  
Furnish notice of potential eligibility for DEA
  • to the payee-parent (custodian or guardian) of a child that is under age 18, or
  • directly to a child that is 18 to 23 years old.
Reference:  For more information on notifications of eligibility, see M21-1, Part VII, Subpart ii, 1.A.4.

XIII.i.1.B.1.e.  Notifying Surviving Spouses in Survivors Pension Cases

  
If DEA eligibility is established, but the eligible surviving spouse is in receipt of Survivors Pension, then
Note:  Do not enclose VA Form 21P-8765.

XIII.i.1.B.1.f.  Providing Notice in FEC Cases

  
If VA disability compensation or DIC is not payable because a beneficiary elected to receive Federal Employees’ Compensation (FEC) benefits, take the following actions to ensure that the notice of DEA eligibility discussed in M21-1, Part VII, Subpart ii, 1.A.4 is provided to eligible children:
  • establish a future diary under reason code 30, Regional Office Special Use, with a due date that will expire 60 days before an eligible child reaches the age of 18, and
  • enter Potential DEA Eligibility Notice Needed in the REMARKS field.
Notes:
  • Use a locally generated letter to notify eligible children.
  • If any decision notices are returned as undeliverable because of an incorrect address, obtain the current address from the appropriate district office of the Office of Workers’ Compensation, Department of Labor.
References:  For more information on
  • restrictions on the concurrent payment of FEC and VA benefits, see M21-1, Part VI, Subpart ii, 5.1.c, and
  • establishing future diaries in the Veterans Benefits Management System (VBMS), see the VBMS Awards User Guide.

XIII.i.1.B.1.g.  MSC Responsibilities Regarding Seriously Injured Service Members

  
Military Services Coordinators (MSCs) are responsible for providing VA Form 22-5490 to members of the Armed Forces that
  • are on active duty
  • are receiving treatment at a(n)
    • military treatment facility
    • VA medical center, or
    • other hospital, and
  • will likely be released from active duty because of an SC disability(ies) that is permanent and totally disabling.
MSCs are also responsible for obtaining
  • service members’ current mailing address (to ensure proper notification of decisions regarding their dependents’ eligibility for DEA), and
  • completed VA Forms 22-5490 from dependents (if they are available to complete the form) or mailing the form to dependents for completion.
Upon receipt of a completed VA Form 22-5490, MSCs are responsible for e-mailing a copy of the form to the regional processing office (RPO) of jurisdiction (per M22-4, Part 3, 1.02), using the appropriate e-mail address from among those listed in M21-1, Part XIII, Subpart i, 1.B.3.b.
 
Reference:  For more information on regional office (RO) responsibilities upon receipt of VA Form 22-5490 from an MSC, see M21-1, Part XIII, Subpart i, 1.B.2.d.
 

2.  Initial Determinations of Eligibility for Education Benefits

 

Introduction

 
  
This topic contains information about initial determinations of eligibility for education benefits, including
 

Change Date

  
March 28, 2024

XIII.i.1.B.2.a.  Initial Actions for Determining Eligibility for Education Benefits

  
Upon receipt of VA Form 22-5490, the RPO of jurisdiction (per M22-4, Part 3, 1.02) reviews basic eligibility and determines entitlement to education benefits.  These benefits are payable to Veterans’ dependents and include
  • DEA
  • transferred entitlement to education benefits under 38 U.S.C. 3319, and
  • education benefits under 38 U.S.C. 3311 (Marine Gunnery Sergeant John David Fry Scholarship).
Notes:
  • Jurisdiction of education claims processing is determined by the location of the school in which the claimant is enrolled.
  • If an RPO cannot determine eligibility for DEA based on the available evidence, the RPO’s Education Division contacts the station of origination and requests completion of an eligibility extract.
References:  For more information on

XIII.i.1.B.2.b.  Determining Entitlement to Disability or Survivors Benefits Before Education Benefits Are Awarded

  
Except as noted in M21-1, Part VII, Subpart ii, 1.B.2.a and c, VA may not concurrently pay disability or survivors benefits to or for a child that is receiving
  • DEA, or
  • education benefits under the Fry Scholarship (38 U.S.C. 3311).
Use the table below to determine whether the payment of disability or survivors benefits to or for a child is appropriate between the child’s 18th birthday and the effective date of an award of DEA or education benefits under the Fry Scholarship.
 
If …
Then …
  • the eligible child
    • turned 18 during a routine break between school sessions
    • attended school during the session that immediately preceded the break, and
    • is not permanently incapable of self-support, and
  • the effective date of the initial award of education benefits falls within the month in which the next school session would normally commence
  • award disability or survivors benefits to or for the child throughout the break, and
  • discontinue disability or survivors benefits to or for the child from the effective date of the initial award of education benefits.
Notes:
  • the eligible child
    • is at least 18 years old
    • attended school during the session that immediately preceded a routine break between school sessions, and
    • is not permanently incapable of self-support, and
  • the effective date of the initial award of education benefits falls within the month that follows the routine break between school sessions
VA determines the eligible child is permanently incapable of self-support
do not discontinue disability or survivors benefits to or for the child when VA begins paying education benefits to the child.
 
Note:  VA may concurrently pay education benefits to a child that is permanently incapable of self-support while paying disability or survivors benefits to or for the same child.
 
Reference:  Follow the instructions in the VBMS Awards User Guide to adjust an award to or for a child that
  • is permanently incapable of self-support, and
  • begins attending school.
the eligible child turned 18 during a routine break between school sessions but there is nothing of record indicating the child attended school during
  • the school session that immediately preceded the break, or
  • the school session that immediately followed the break
discontinue the payment of disability or survivors benefits effective the child’s 18th birthday unless VA subsequently receives a VA Form 21-674 showing the child attended school during
  • the school session that immediately preceded the break, and
  • the school session that immediately followed the break.
 
Important:  Follow the instructions in
References:  For more information on

XIII.i.1.B.2.c.  Rating Decisions for Veterans’ Disability Claims

  
In Veterans’ disability cases, because of the requirement for permanency of the total disability, submit cases to the rating activity for a rating decision if a
  • specific rating determination of eligibility for DEA has not been made, and
  • a future examination has not been scheduled.
References:  For more information on

XIII.i.1.B.2.d.  Rating Decisions for Seriously Injured Service Members

  
Upon receipt of VA Form 22-5490 from an MSC (under the circumstances described in M21-1, Part XIII, Subpart i, 1.B.1.g), ROs must take the actions described in the table below.
 
Step
Action
1
Establish end product (EP) 290 – EDU Eligibility Rating, using the earliest date of receipt of VA Form 22-5490 in a VA facility as the date of claim.
2
 Ensure the RO possesses
  • a mailing address for the service member, and
  • medical evidence sufficient to determine whether the service member has SC disabilities that are permanent and totally disabling.
3
Prepare a rating decision according to the instructions in M21-1, Part XIII, Subpart i, 1.A.
4
Complete the DEA extract shown in M22-4, Part 7, 3.01b.
5
E-mail a copy of the following to the RPO of jurisdiction (per M22-4, Part 3, 1.02):
Reference:  For the e-mail address of individual RPOs, see M21-1, Part XIII, Subpart i, 1.B.3.b.
6
File the DEA extract in the service member’s claims folder (or upload a copy of it into the electronic claims folder (eFolder)).
7
Did the rating decision establish eligibility for DEA?
 
If …
Then prepare a decision notice that includes …
yes
We received an application for Dependents’ Educational Assistance (DEA).  We have decided that you have a total disability that is permanent in nature and was incurred or aggravated in the line of duty in the active military, naval, or air service.  Therefore, we’ve granted eligibility for DEA.
 
In order for VA to pay you service-connected compensation, the military must first release you under honorable conditions.  If you have not done so, and you are within six months of discharge, you should complete and submit VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits.  Upon receipt, we will decide your disability claim and then notify you of our decision.
no
We received an application for Dependents’ Educational Assistance (DEA) from your dependent, [enter dependent’s name].  We cannot grant eligibility for DEA because we have decided that you do not have a total disability that is permanent in nature and was incurred or aggravated in the line of duty in the active military, naval, or air service.
 
In order for VA to pay you service-connected compensation, the military must first release you under honorable conditions.  If you have not done so, and you are within six months of discharge, you should complete and submit VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits.  Upon receipt, we will decide your disability claim and then notify you of our decision.
 
8
Clear the pending EP 290.
 
Note:  Only the dependent named on the VA Form 22-5490 (or the dependent’s legal guardian) may request review of a rating decision to deny eligibility for DEA.

XIII.i.1.B.2.e.  Rating Decisions for Death Claims

  
A determination as to basic eligibility for DEA is generally addressed in a formal rating decision awarding entitlement to DIC, or when the claimant expressly raises the issue.  If this issue has not been disposed of by rating decision in the claims folder, refer the claim to the rating activity for the preparation of a rating decision.
 
Note:  When a total SC disability rating is in effect at the time of death, but the cause of death is not SC, consider the disability rating to be permanent for DEA eligibility purposes only, even when permanency was not established during the Veteran’s lifetime.
 
References:  For more information on rating determinations of DEA eligibility, see M21-1, Part XIII, Subpart i, 1.A.

XIII.i.1.B.2.f.  Eligibility Based on Death in Service

  
Concede that death in service is SC unless a rating is required under M21-1, Part XII, Subpart i, 1.C.1.b.  Cases in which service connection may be conceded include those in which
  • death resulted from disease, armed conflict, or common accident during service, or
  • the service member is missing or missing in action and death has been presumed by the service department.
 

3.  Miscellaneous Information on Awards Involving Dependents in Receipt of Education Benefits

Introduction

 
  
This topic contains information on awards involving dependents in receipt of education benefits, including

Change Date

  
August 2, 2023

XIII.i.1.B.3.a.  Tracking Education Folders

  
All education folders are kept in the RPOs in Buffalo and Muskogee.
 
Note:  The parent folder (if it has not been converted into an eFolder) is always stored in a separate office.  Even at the RPO, the processing of claims for education benefits is separate from that of other types of claims.
 
Reference:  For more information on RPO jurisdiction, see M22-4, Part 3, 1.02.

XIII.i.1.B.3.b.  Providing Notification of Award Actions to RPOs

  
When an RO takes any award action that affects a claimant’s or beneficiary’s entitlement to education benefits, to include an award action based on an election of education benefits over disability or survivors benefits, the RO must notify the RPO with jurisdiction over the corresponding education folder by sending an e-mail to the RPO’s mailbox:
Notes:
  • This notification is usually accomplished by e-mailing an electronic copy of the award to the RPO.
  • The RPO of jurisdiction is displayed in the CURRENT LOCATION (of the education folder) field on the Beneficiary Identification Records Locator Subsystem (BIRLS) BENEFICIARY INFORMATION screen.
Reference:  For more information on RPO jurisdiction, see M22-4, Part 3, 1.02.

XIII.i.1.B.3.c.  DIC Payments to Other Payees Following An Election of Education Benefits

  
If a child beneficiary in receipt of DIC elects DEA or education benefits under the Fry Scholarship (when concurrent receipt is prohibited), discontinue the DIC payment and provide the increased rates to other payees that are entitled to an increase effective the same date.
 
Note:  A child over age 18 who is capable of self-support and is receiving DEA may not be considered as a dependent of a surviving spouse for the purposes of establishing income limitations or the rates payable for Survivors Pension.
 
References:  For more information on